Proposed
Section Bylaw Amendments
The Board approved the following Section bylaw amendments:
A. Administrative
Law Section
B. Children's
Law Section
C. Consumer
Law Section
D. Elder
Law & Advocacy Section
E. Family
Law Section
F. Health
Care Law Section
G. Law Practice
Management Section
H. Legal
Administrator Section
I. Legal
Assistant Section
J. Prisons
& Corrections Section
K. Probate
& Estate Planning Section
L. Real
Property Law Section
M. Senior
Lawyers Section
Commissioner
Liaison Reports - A written report was received by Commissioner
Liaison Kurt Schnelz regarding the Elder Law & Advocacy Section.
LEADERSHIP
REPORTS
President's
Report - Bruce W. Neckers
Introduction
of new Commissioners - Mr. Neckers introduced District H Commissioner
Lambro Niforos, Young Lawyers Section Chair-Elect D. Andrew Portinga,
Clerk of the Representative Assembly Elizabeth Jamieson, and Commissioner-at-Large
Stephen J. Murphy, III.
Mr. Neckers reported
that a lifetime achievement award would be presented to Governor Engler
at the Hall of Justice Gala on October 12, 2002.
Representative
Assembly Chairperson's Report - Thomas C. Rombach
(for Julie I. Fershtman)
Mr. Rombach
provided an Assembly report on behalf of Julie Fershtman, who had been
involved in a serious car accident with her family. Fortunately, other
than some cuts, bruises and soreness, all were safe at home following
the accident.
Mr. Rombach reported
that the Assembly 1) voted in favor of supporting public financing of
judicial campaigns, 2) presented the Michael Franck Award to Margaret
J. Nichols and Norman D. Tucker, and 3) elected Elizabeth A. Jamieson
as Clerk at its meeting on Thursday, September 26, 2002.
Executive
Director's Report
Mr.
Berry provided an informational status report on the timing and implementation
of the Strategic Plan and noted the following that has occurred this
year: 1) overhaul of committee structure, 2) improved communication
with Sections, 3) tough belt-tightening that has led to financial integrity,
4) improved financial reporting, 5) reformatted annual meeting with
ongoing review for future meetings, and 6) moved forward in helping
lawyers at their desk, to include diversion programs.
Mr. Berry also reported
that the following areas need consideration: 1) relationship with ICLE,
2) advocacy role of the Bar, 3) Justice Initiatives, 4) Client Protection
Fund, and 5) technology/E-filing.
Mr. Neckers thanked
Mr. Berry and the staff for their hard work regarding the implementation
of the Strategic Plan.
SPECIAL
RECOGNITION
Mary Kelly was recognized
for her 29 years of service at the Bar and especially for her efforts
related to State Bar of Michigan annual meetings. A resolution was read
by Mr. Berry and presented for adoption by Mr. Neckers. It carried unanimously.
A copy is attached hereto as Addendum I.
COMMITTEES,
COMMISSIONS & TASK FORCES
Finance and
Human Resources - Thomas W. Cranmer, Chairperson
Mr. Cranmer
provided a financial update and noted that the committee has formalized
a number of policies in the past year and it continues to review dues
issues.
Additionally, Mr.
Cranmer reported that 1) it is anticipated that we will be ahead of
budget at fiscal year end, 2) the Family Law Section will have a negative
balance though it is working to correct it, 3) the books will be closed
sooner than they have in the past, 4) the Client Protection Fund balance
continues to decrease and needs continuous examination, and 5) it is
anticipated that the 2002-03 budget will be balanced and that no additional
program cuts are expected. Mr. Brinkmeyer requested that the terms "assumed
permanent" be deleted from the E-Filing year-to-date operating expense
variance language, as indicated in the financial results ending August
31, 2002.
SPECIAL
REPORT
Open Justice
Commission - Justice Marilyn Kelly and Hon. Harold Hood, Co-Chairpersons
The Biennial
Report of the Open Justice Commission was distributed. Justice Kelly
invited Board members to a forum for law schools to be held at the State
Bar on October 17, 2002, and also reported on the National Consortium
to be held April 10-12, 2003, in Detroit. Hon. Harold Hood provided
an update on justice initiatives.
Professional
Standards - Nancy J. Diehl, Chairperson
Ms. Diehl
reported that on behalf of the Standing Committee on Character and Fitness
the following amendments to SBM Rule 15 are recommended: 1) increase
the size of the committee from 12 members to 18 members, and 2) create
uniformity in the amount of time unsuccessful candidates must wait before
reapplying for admission. In conjunction with the Board of Law Examiners,
the committee suggests five years. Upon a motion made and seconded,
the Board approved the amendments.
Following discussion,
Mr. Turner asked that the issue be tabled until the November 22, 2002,
Board meeting, allowing the committee to provide a more detailed report
in regard to its recommendations. A motion was made and seconded. Motion
carried.
Ms. Diehl recognized
retiring Commissioner Jon Feikens and thanked him for his efforts on
the committee.
Nominating
Committee - Charles R. Toy
Upon recommendation
of the Professional Standards Committee, a motion was made, seconded,
and approved to make the following appointments:
- Institute
of Continuing Legal Education Executive Committee - Frank S. Spies:
Four-year term expiring on September 30, 2006.
- Michigan Indian
Legal Services Board of Trustees - Damian S. Fisher: Three-year
term expiring on September 30, 2005; and John R. Runyan, Jr., reappointment
to three-year term expiring on September 30, 2005.
Public Policy,
Image and Identity- Reginald M. Turner, Chairperson
Mr. Turner
asked for comments from the public about the Bar's legislative program
but there were none.
Legislation
- David Haynes
Mr. Haynes
reported that the focus is on 1) potential lame duck session, and 2)
court reform issues that are currently scheduled for November.
Mr. Turner reported
that Jon Muth and Bob Webster, both past presidents of the State Bar
of Michigan, have been working with the committee on determining how
the Bar can be active in the debate about court reform. The Board's
long-standing position has been that a constitutional amendment is required
to merge Probate and Circuit courts, an action the Board favors. Supreme
Court Chief Justice Corrigan has proposed an alternative to a constitutional
amendment where the legislature would pass legislation to merge these
courts on an emergency basis. Chief Justice Corrigan has requested the
Bar's cooperation in determining if this action would require a constitutional
amendment.
Mr. Turner reported
that the Public Policy, Image and Identity Committee has not had time
to formulate an official opinion on the Chief Justice's proposal, but
is working with a broad coalition of people to address the issue. Mr.
Turner thanked both SBM General Counsel Janet Welch and David Haynes
of Public Affairs Associates for their hard work on this issue.
Mr. Turner reported
that the Committee received a presentation from Richard Bisio, Chairperson
of the Civil Procedure Committee, regarding the proposed amendment of
Court Rules 2.112, 2.116, 2.118, and 2.401. The Committee has referred
these proposed amendments to the Representative Assembly.
Michigan
Court Rules
Upon a motion made
and seconded, the following Board actions were approved:
Proposed
Amendments of Rules 7.203, 7.210, 7.219, 7.211, 7.215, 7.217
- Jurisdiction of the Court of Appeals = Support
in principle with the following exceptions:
Proposed Amendment
of 7.215(H) eliminates the court's discretion to consider late motions
for reconsideration, even in cases they may present compelling circumstances
The provision
of 7.217 (D) shortening the time to seek reinstatement of a case dismissed
for lack of progress could be prejudicial to litigants who are unable,
for compelling reasons, to seek reinstatement within the shortened
time period
Proposed
Amendment of Rule 2.102 - Summons, expiration of Summons;
Dismissal of Action for Failure to Serve = Deferred
Proposed Amendment
of Rule 2.401, 2.410, 2.506, 7.213 - Pretrial Procedures; Conference;
Scheduling Orders = Support
Proposed Amendment
of Rule 2002-37 - Proposed Electronic Filing Standards = Deferred
(for review
by General Practice Section, E-filing Task Force and Membership Services
Committee)
HB 6078 - Criminal
Procedure, sentencing. Court authority to impose costs for prosecution.
= Deferred
HB 6139 - Torts,
Civil Procedure, personal injury, and remedies. = Deferred
Mr. Turner provided
a report on Judicial Campaign Guidelines that were discussed at the
last meeting of the Board. He noted that the Michigan Republican Party,
the Michigan Chamber of Commerce and the State Bar of Michigan supported
the principles stated regarding campaign practices. The Michigan Democratic
Party and the Michigan Trial Lawyers Association did not join in supporting
the guidelines.
Mr. Turner also
reported that the Bar may want to issue a statement regarding the U.S.
Chamber of Commerce ads related to the Lawsuit Abuse Tax. He is researching
the basis for the claims made in the ads and will take it to the Executive
Committee for discussion in the near future.
Young Lawyers
Section - Evanne Dietz, Chairperson
Ms. Deitz
reported that Kathryn Day has now assumed the position as Chair of the
Young Lawyers Section, as of September 26, 2002. She further reported
on the achievement awards received from the ABA Young Lawyers Division
and additional upcoming section activities. Ms. Dietz expressed her
appreciation for a great year.
SPECIAL
PRESENTATION
Jon Feikens - A
resolution was prepared, read, presented for adoption by Mr. Plunkett
and seconded. It carried unanimously. A copy is attached to these minutes
as Addendum II.
Joshua Lerner -
A resolution was prepared, read, presented for adoption by Ms. Dietz
and seconded. It carried unanimously. A copy is attached to these minutes
as Addendum III.
Richard McLellan
- A resolution was prepared, read, presented for adoption by Judge Stephens
and seconded. It carried unanimously. A copy is attached to these minutes
as Addendum IV.
Julie I. Fershtman
- A resolution was prepared for adoption by Mr. Rombach and will be
presented to her at a future meeting.
SPECIAL
RECOGNITION
Commitment
to Excellence Award - Mr. Neckers
This newly
created award was developed to annually recognize staff member(s) who
have demonstrated exemplary efforts in striving for excellence. The
award was presented this year to a cross-unit team of individuals who
worked to revise the dues form that resulted in improved efficiency
and cost savings. Recipients this year: Marian Frane, Jennifer Epkey,
Michael Smith, Sarah Nussbaumer, Will Kramer and Kim Johnson.
Mr. Turner expressed
appreciation to Mr. Neckers on behalf of the Board and staff.
Mr. Neckers thanked
everyone for a great year and introduced his wife, Susie, and secretary,
Chris Verspoor, to the Board. He also recognized David Haynes and those
who had helped him with his Bar Journal columns throughout the year.
FOR
THE GOOD OF THE PUBLIC AND THE PROFESSION
Comments or
questions from Commissioners
Mr.
Neckers asked for comments or questions from the Commissioners, but
there were none.
Comments or
questions from the public
Mr.
Neckers asked for comments or questions from the public, but there were
none.
Old Business
There
was none.
New Business
There
was none.
The meeting was adjourned
at 11:45 a.m. 
print this page
