ADM File No. 2023-11
Amendment of Rule 3.967 of the Michigan Court Rules
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ADM File No. 2022-54
Amendments of Canon 7 of the Michigan Code of Judicial Conduct and Rule 9.301 of the Michigan Court Rules
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendments of Canon 7 of the Michigan Code of Judicial Conduct and Rule 9.301 of the Michigan Court Rules are adopted, effective Sept. 1, 2024.
[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]
Canon 7 A Judge or a Candidate for Judicial Office Should Refrain From Political Activity Inappropriate to Judicial Office.
A.-B. [Unchanged.]
C. Wind up of law practice.
(1) A successful elected candidate who was not an incumbent has until midnight Dec. 31 following the election to wind up the candidate’s law practice, and has until June 30 following the election to resign from organizations and activities, and divest interests that do not qualify under Canon 4. If a successful elected candidate has remaining funds in a trust account after June 30 following the election and the funds remain unclaimed, the candidate must promptly transfer control of the funds to the elected candidate’s interim administrator in accordance with subchapter 9.300 of the Michigan Court Rules and Rule 21 of the Rules Concerning the State Bar of Michigan. The interim administrator must make reasonable efforts to locate the owner of the property and continue to hold said funds in a trust account for the required statutory period in accordance with the Uniform Unclaimed Property Act, MCL 567.221 et seq. This transfer of control to the interim administrator does not create a client-lawyer relationship.
(2) Upon notice of appointment to judicial office, a candidate shall wind up the candidate’s law practice prior to taking office, and has six months from the date of taking office to resign from organizations and activities and divest interests that do not qualify under Canon 4. If an appointee has remaining funds in a trust account six months after taking office and the funds remain unclaimed, the appointee must promptly transfer control of the funds to the appointed candidate’s interim administrator in accordance with subchapter 9.300 of the Michigan Court Rules and Rule 21 of the Rules Concerning the State Bar of Michigan. The interim administrator must make reasonable efforts to locate the owner of the property and continue to hold said funds in a trust account for the required statutory period in accordance with the Uniform Unclaimed Property Act, MCL 567.221 et seq. This transfer of control to the interim administrator does not create a client-lawyer relationship.
Rule 9.301 Definitions
(A) “Affected Attorney” means an attorney who is either temporarily or permanently unable to practice law because the attorney has:
(1) become a successful elected candidate or an appointee who is subject to Canon 7C of the Michigan Code of Judicial Conduct;
(1)-(8) [Renumbered (2)-(9) but otherwise unchanged.]
(B)-(G) [Unchanged.]
Staff Comment (ADM File No. 2022-54): The amendments of MCJC 7C and MCR 9.301(A) provide a procedure for handling remaining funds in an attorney’s trust account if the attorney is elected or appointed to a judicial office.
The staff comment is not an authoritative construction by the Court. In addition, adoption of a new rule or amendment in no way reflects a substantive determination by this Court.
ADM File No. 2022-42
Amendments of Rules 2.508 and 4.002 of the Michigan Court Rules
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendments of Rules 2.508 and 4.002 of the Michigan Court Rules are adopted, effective Sep. 1, 2024.
[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]
Rule 2.508 Jury Trial of Right
(A) [Unchanged.]
(B) Demand for Jury.
(1)-(2) [Unchanged.]
(3)(a) [Unchanged.]
(b) If part of a case is removed from circuit court to district court, or part of a case is removed or transferred from district court to circuit court, but a portion of the case remains in the court from which the case is removed or transferred, then a demand for a trial by jury in the court from which the case is removed or transferred is not effective in the court to which the case is removed or transferred. A party who seeks a trial by jury in the court to which the case is partially removed or transferred must file a written demand for a trial by jury and pay the applicable jury feewithin 21 days of the removal or transfer order, and must pay the jury fee provided by law, even if the jury fee was paid in the court from which the case is removed or transferred, within 28 days after the filing fee is paid in the receiving court, but no later than 56 days after the date of the removal or transfer order.
(c) The absence of a timely demand for a trial by jury in the court from which a case is entirely or partially removed or transferred does not preclude filing a demand for a trial by jury in the court to which the case is removed or transferred. A party who seeks a trial by jury in the court to which the case is removed or transferred must file a written demand for a trial by jury and pay the applicable jury fee within 28 days after the filing fee is paid in that court, but no later than 56 days after the date of the removal or transfer orderwithin 21 days of the removal or transfer order, and must pay the jury fee provided by law.
(d) [Unchanged.]
(C)-(D) [Unchanged.]
Rule 4.002 Transfer of Actions From District Court to Circuit Court
(A)-(C) [Unchanged.]
(D) Payment of Filing and Jury Fees After Transfer; Payment of Costs.
(1) [Unchanged.]
(2) If the jury fee has been paid, the clerk of the district court must forward it to the clerk of the circuit court to which the action is transferred as soon as possible after the case records have been transferred. If the amount paid to the district court for the jury fee is less than the circuit court jury fee, then the party requesting the jury shall pay the difference to the circuit court within 28 days after the filing fee is paid under subrule (D)(1).
(3) [Unchanged.]
Staff Comment (ADM File No. 2022-42): The amendments of MCR 2.508(B)(3)(b)-(c) and 4.002(D)(2) make the rules consistent with MCR 2.227 regarding the timing of payment of the jury fee in cases that are removed or transferred.
The staff comment is not an authoritative construction by the Court. In addition, adoption of a new rule or amendment in no way reflects a substantive determination by this Court.
ADM File No. 2023-34
Amendment of Rule 3.967 of the Michigan Court Rules
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendment of Rule 3.967 of the Michigan Court Rules is adopted, effective Sept. 1, 2024.
[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]
Rule 3.967 Removal Hearing for Indian Child
(A)-(C) [Unchanged.]
(D) Evidence. An Indian child may be removed from a parent or Indian custodian, or, for an Indian child already taken into protective custody pursuant to MCR 3.963 or MCR 3.974(B), remain removed from a parent or Indian custodian pending further proceedings, only upon clear and convincing evidence, including the testimony of at least one qualified expert witness, as described in MCL 712B.17, who has knowledge about the child-rearing practices of the Indian child’s tribe, that active efforts as defined in MCR 3.002 have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family, that these efforts have proved unsuccessful, and that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The active efforts must take into account the prevailing social and cultural conditions and way of life of the Indian child’s tribe. The evidence must include the testimony of at least 1 qualified expert witness, who has knowledge of the child rearing practices of the Indian child’s tribe, that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child.
(E)-(F) [Unchanged.]
Staff Comment (ADM File No. 2023-34): The amendment of MCR 3.967(D) aligns the rule with MCL 712B.15, as amended in 2016, to clarify the applicability of qualified expert witness testimony in a removal hearing involving an Indian child.
The staff comment is not an authoritative construction by the Court. In addition, adoption of a new rule or amendment in no way reflects a substantive determination by this Court.
ADM File No. 2024-09
Proposed Amendment of Rule 8.128 of the Michigan Court Rules
On order of the Court, this is to advise that the Court is considering an amendment of Rule 8.128 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford interested persons the opportunity to comment on the form or the merits of the proposal or to suggest alternatives. The Court welcomes the views of all. This matter will also be considered at a public hearing. The notices and agendas for each public hearing are posted on the Public Administrative Hearings page.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]
Rule 8.128 Michigan Judicial Council
(A)-(B) [Unchanged.]
(C) Membership
(1) [Unchanged.]
(2) All members shall be appointed by the Supreme Court. Members serving on the Judicial Council by nature of their positions designated in subparagraphs (C)(1)(a), (c) and (d) shall serve on the Judicial Council so long as they hold that position. Of the remaining members appointed by the Supreme Court, one-third shall initially be appointed to a two-year term, one-third appointed to a three-year term and one-third appointed to a four-year term. All members appointed or reappointed following these inaugural terms shall serve three-year terms. Terms commence January 1st of each calendar year. Unless otherwise specified in MCR 8.128(H) or the member is required or nominated to serve under MCR 8.128(C)(1)(a), (b), (c), or (d), nNo member may consecutively serve more than two fullconsecutive terms.
(D)-(G) [Unchanged.]
(H) Vacancies. In the event of a vacancy on the Judicial Council, a replacement member shall be appointed by the Supreme Court for the remainder of the term of the former incumbent. After serving the remainder of the term, the new member may consecutively servebe reappointed for up to two full consecutive terms.
(I)-(K) [Unchanged.]
Staff Comment (ADM File No. 2024-09): The proposed amendment of MCR 8.128(C) and (H) would clarify the number of allowed terms for members of the Michigan Judicial Council.
The staff comment is not an authoritative construction by the Court. In addition, adoption of a new rule or amendment in no way reflects a substantive determination by this Court.
A copy of this order will be given to the secretary of the State Bar and to the state court administrator so that they can make the notifications specified in MCR 1.201. Comments on the proposal may be submitted by Sept. 1, 2024, by clicking on the “Comment on this Proposal” link under this proposal on the Court’s Proposed & Adopted Orders on Administrative Matters page. You may also submit a comment in writing at P.O. Box 30052, Lansing, MI 48909 or via email at ADMcomment@courts.mi.gov. When submitting a comment, please refer to ADM File No. 2024-09. Your comments and the comments of others will be posted under the chapter affected by this proposal.
ADM File No. 2024-01
Appointment to the Michigan Judicial Council
On order of the Court, pursuant to MCR 8.128 and effective immediately, Hon. Beth Gibson (At-Large Judge) is appointed to the Michigan Judicial Council for the remainder of a term ending on Dec. 31, 2026.