|
January 27, 2025
Volume 23, Issue 4
In the Capitol
Complete Committee Meeting List
Legislation Introduced 01/08–01/23
Recently, bills were introduced in the following areas of law:
In the Hall of Justice
NEWS
Kimberly Muschong Named New MSC Reporter of Decisions
At the Bar
The Board of Commissioners met on January 24, 2025 at which time the State Bar of Michigan adopted the following public policy positions:
ADM File No. 2024-03: Proposed Amendment of MCR 2.003
The proposed amendment of MCR 2.003 would clarify the assignment procedures when a business court judge has been disqualified from a case.
SBM Position: Oppose.
ADM File No. 2022-08: Proposed Amendment of MCR 7.206
The proposed amendment of MCR 7.206 would require the Court of Appeals to engage in certain procedures if it receives a county reapportionment challenge.
SBM Position: Support.
ADM File No. 2022-23: Proposed Amendment of MCR 7.306
The proposed amendment of MCR 7.306 would facilitate factual development in statewide redistricting cases.
SBM Position: Support.
ADM File No. 2022-48: Proposed Amendment of MCJC 3
The proposed amendment of MCJC 3 would allow a judge to make reasonable efforts to facilitate the ability of all litigants to be fairly heard.
SBM 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:
- Construe pleadings to facilitate consideration of the issues raised.
- Provide brief information or explanation about the proceedings.
- Explain legal concepts in everyday language.
- Ask neutral questions to elicit or clarify information.
- Modify the traditional manner or order of taking evidence.
- Attempt to make legal concepts understandable.
- Explain the basis for a ruling.
- Refer litigants to any resources available to assist in the preparation of the case or enforcement and compliance with any order.
- Inform litigants what will be happening next in the case and what is expected of them.
NEWS
Judicial Vacancy – 3rd Circuit Court, Wayne County
Applications must be submitted electronically and received by 5:00 p.m. on Friday, January 31, 2025.
Links of Interest
SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
MCL Search Engines
|