The Appellate Practice Section's bylaws state that our purpose is "to promote the skillful, efficient[,] and effective practice of appellate law." And in 2001-2002 the section continued to fulfill its purpose. Throughout this past year, consistent with our purpose, the section council

recommend[ed] and distribute[d]: 1) information to aid appellate practitioners in improving advocacy skills; 2) policies and procedures for the efficient and effective operation of an appellate practice; and 3) policies and procedures to advance the administration and operation of the appellate courts.

Improving advocacy skills: In December 2001, the section and the Michigan Court of Appeals sponsored a program telling practitioners how to avoid the types of errors that could sink their appeals. A panel consisting of the Clerk of the Court of Appeals, the Chief of the Court's Research Division, Court of Appeals Commissioners, and Court of Appeals District Clerks shared their views about fatal errors, annoying errors, and ways to make the staff's work easier.

Operating an appellate practice: Our Economics of Appellate Practice Committee, chaired by Norman Zemke, published the results of its survey of appellate practitioners. The survey included information about hourly rates, firm size, and attorney income. Survey results were published in the section's Winter 2001 newsletter.

Advancing administration and operation of the appellate courts: As it has since its start in 1995, the section council again proposed court rules changes and commented on proposed court rule amendments. For example, when the Supreme Court proposed a change to MCR 7.213(A)(1) that would require a party or representative with full settlement authority to attend a settlement conference, the section suggested that the term "full settlement authority" could lead to problems with deciding who has full authority. The section suggested that the amendment read "representatives with settlement authority." The court adopted the section's recommendation.

The section commented on the proposed court rules changes that affected appellate practice in Michigan. In addition, the section opposed the repeal of the Minimum Standards for Indigent Criminal Appellate Defense Services. Moreover, the court also adopted the section's suggestions for making the proposed amendments to MCR 6.302 consistent with MCLA 770.3a. And through its Federal Practice Committee, the section commented on proposed changes to the Sixth Circuit's local rules.

Judges and other representatives of the Supreme Court and Court of Appeals have regularly met with the section council. Through these meetings, the council members have exchanged ideas with the members of the courts and have informally discussed how to improve court administration.

Finally, through its Technology Committee, the section sponsored a workshop on e-filing in the Michigan Court of Appeals. From this workshop, practitioners learned about e-filing, and those responsible for that technology in the Court of Appeals learned about practitioners' needs.

The Section Council

The section's council consists of 17 members. Past chairs serve as ex-officio members. There are three of these. Four officers, the chair, chair-elect, secretary, and treasurer, complete the roster. The council meets monthly.

Standing Committees

The section maintains four standing committees and five ad-hoc committees. Through its newsletter and listserv, the section council encourages section members to join committees and become more active in section activities.

Court Liaison/Rules Comment Committee - Victor S. Valenti, Chairperson

This committee continues to analyze proposed court rules amendments. As its name implies, the committee is our liaison with the appellate courts. The committee has been instrumental in suggesting rules amendments and in suggesting support for or change to proposed amendments. Section members interested in joining this committee can contact Mr. Valenti, via email, at vvalenti@voyager.net

Federal Court Practice Committee - Mark Cooney, Chairperson

This committee, as already noted, analyzed proposed amendments to the Sixth Circuit Court of Appeals' local rules and prepared written comments that were submitted to the Clerk of the Court. These proposed amendments concerned brief and joint-appendix issues.

The committee also continues to plan a mock oral argument program with Sixth Circuit judges, to take place in Wayne State University's new courtroom-style auditorium. The committee sponsored a similar program (together with Wayne State's faculty) a few years ago. It was a hit with law students and practitioners alike. The program will take place in October 2002 and a number of Sixth Circuit judges have been asked to participate. Anyone interested in joining this committee may contact Mr. Cooney, via email, at Mark.Cooney@cefu-law.com

Michigan Court Practice Committee - Susan Zitterman & Deborah Hebert, Co-Chairs

This committee is moving forward with its project on stays and bonds. Following an indication of interest by the Supreme Court in clarifying the court rules, the committee has begun working on proposed revisions. The committee hopes to develop a proposal which will address the concerns which were identified during its examination of the "maze" of stay and bond rules last year. This includes, for example, streamlining the procedure to secure a stay of execution by providing for an "automatic" stay upon posting a bond in the amount of one and 1/4 times the judgment, subject to a larger bond being set upon court order if that amount proves inadequate.

The committee also investigated whether it would be beneficial for Michigan to adopt a procedure, similar to that in place under the federal rules, which would allow prematurely filed claims of appeal to "ripen" and avoid dismissal for prematurity under some circumstances. The committee initially believed such a procedure might be beneficial to avoid unnecessary dismissals (and pitfalls for the practitioner) when the final order was entered while the premature claim of appeal was still pending in the Court of Appeals. However, after further consideration of the relatively narrow scope of the federal rule, and very helpful insight from Court of Appeals staff, the committee concluded that implementation of such a rule in Michigan would be administratively very difficult, and actually probably "save" relatively few appeals. Section members interested in assisting this committee may contact either Ms. Zitterman, via email, at zitts1@kitch.com or Ms. Hebert, via email, at dhebert@Chl-pc.com

Publications Committee - Marcia Howe, Chairperson

This committee continues to prepare and publish the Appellate Practice Section Newsletter under Tammy Reiss's able editorship. The committee will again publish its annual State of the Law update in conjunction with the Institute of Continuing Legal Education for distribution at the Bar's annual meeting. The 2001 State of the Law update for appellate practice can be found at the Bar's website www.michbar.org. Anyone interested in assisting this committee may contact Ms. Howe, via e-mail, at mhowe@jrlaf.com

Ad Hoc Committees

Circuit Court Appellate Rules Revision Committee - Don Fulkerson & Hon. Stephen C. Cooper, Co-Chairs

Created at the Chief Justice's request, this is a joint ad hoc committee of the Appellate Practice Section and the Michigan Judges' Association. This committee is composed of practitioners, judges, a law school president and dean, a Court of Appeals commissioner, and a SCAO representative. It is performing the much-needed task of updating and streamlining the court rules governing appeals to the circuit court. When its work is complete, the committee will send the Supreme Court a proposed revision of subchapter 7.100. New SCAO forms will likely follow. For more information, contact Mr. Fulkerson, via e-mail, at dfulkerson@voyager.net or Judge Cooper, via e-mail, at sccoop@aol.com

Delay Reduction in the Court of Appeals - Victor S. Valenti, Chairperson

This ad hoc committee is the section's newest committee. It was formed in May 2002 to investigate and comment on Chief Judge Whitbeck's proposals to reduce delay in the Michigan Court of Appeals. Those interested in working with this committee should contact Mr. Valenti, via email, at vvalenti@voyager.net

Economics of Appellate Practice Committee - Norman Zemke, Chairperson

As noted earlier, this committee published its survey results in the Winter 2001 Appellate Practice Section Newsletter. The committee is always open to suggestions regarding projects it can undertake. Fax your suggestions to Mr. Zemke at (248) 489-1453.

Legislative Liaison - Gary Field, Chairperson

The committee continues to evaluate proposed legislation and to report its recommendations to the council. Members interested in assisting this committee may contact Mr. Field, via email, at GLField@loomislaw.com

Technology Committee - Joseph Firestone & Patrick Rose, Co-Chairs

For the 2001-2002 year, this committee concentrated on developing electronic filing as part of appellate practice. Initially, the committee considered an array of questions related to "e-filing," including its effects on standards of review, privacy implications, equipment and software problems, intellectual property issues, and integrating trial and appellate records. The committee also examined the merits and drawbacks of e-filing systems already in place in some federal and state courts.

After Chief Judge Whitbeck suggested that the Michigan Court of Appeals would soon move toward e-filing, however, the committee decided to concentrate on matters of immediate concern to the Michigan Bar. With the help of the court's information systems staff and representatives of the State Bar of Michigan, the committee presented "Are You Ready for the Future: E-Filing in the Michigan Court of Appeals" on February 15, 2002. The session covered the Court of Appeals' view on why e-filing is important and the court's own "vision" of how it can be accomplished. Other presentations covered the trial court perspective and the problem of document verification or "electronic signature." Participants also exchanged views and pooled information on items as diverse as document conversion programs, electronic fee payments, and "e-service" of pleadings.

Next year, the committee will continue its work on electronic filing and related areas. Members interested in assisting this committee (or signing up for the section's listserv) may contact either Mr. Firestone, via email, at jfire@amflpc.com or Mr. Rose, via email, at patrickrose@voyager.net

Respectfully submitted,
Evelyn C. Tombers
Chairperson