IN THE HALL OF JUSTICE
Proposed Amendment of Rule 2.003 of the Michigan Court Rules (ADM File No. 2024-03) – Disqualification of Judge (See Michigan Bar Journal December 2024, p 48).
STATUS: Comment period expires Feb. 1, 2025; Public hearing to be scheduled.
POSITION: Oppose.
Proposed Amendment of Rule 7.206 of the Michigan Court Rules (ADM File No. 2022-08) – Extraordinary Writs, Original Actions, and Enforcement Actions (See Michigan Bar Journal December 2024, p 48).
STATUS: Comment period expires Feb. 1, 2025; Public hearing to be scheduled.
POSITION: Support.
Proposed Amendment of Rule 7.306 of the Michigan Court Rules (ADM File No. 2022-23) – Original Proceedings (See Michigan Bar Journal December 2024, p 48).
STATUS: Comment period expires Feb. 1, 2025; Public hearing to be scheduled.
POSITION: Support.
Proposed Amendment of Canon 3 of the Michigan Code of Judicial Conduct (ADM File No. 2022-48) – A Judge Should Perform the Duties of Office Impartially and Diligently (See Michigan Bar Journal December 2024, p 50).
STATUS: Comment period expires Feb. 1, 2025; Public hearing to be scheduled.
POSITION: Support ADM File No. 2022-48 with the following amendments to Canon 3(A)(4):
A judge may should make reasonable efforts, consistent with the law and, court rules, and rules of evidence to facilitate the ability of all litigants, including self-represented litigants, to be fairly heard.
Support inclusion of the proposed comment:
The judge has an affirmative role in facilitating the ability of every person who has a legal interest in a proceeding to be fairly heard. In the interest of ensuring fairness and access to justice, judges may make reasonable accommodations that help self-represented litigants to understand the proceedings and applicable procedural requirements, secure legal assistance, and be heard according to law. The judge should be careful that accommodations do not give self-represented litigants an unfair advantage or create an appearance of judicial partiality. In some circumstances, particular accommodations for self-represented litigants are required by decisional or other law. In other circumstances, potential accommodations are within the judge’s discretion.
Reasonable steps that a judge may take in the exercise of such discretion include, but are not limited to:
1. Construe pleadings to facilitate consideration of the issues raised.
2. Provide brief information or explanation about the proceedings.
3. Explain legal concepts in everyday language.
4. Ask neutral questions to elicit or clarify information.
5. Modify the traditional manner or order of taking evidence.
6. Attempt to make legal concepts understandable.
7. Explain the basis for a ruling.
8. Refer litigants to any resources available to assist in the preparation of the case or enforcement and compliance with any order.
9. Inform litigants what will be happening next in the case and what is expected of them.