 |
 |
| SBM general information |
|
|
|
|
Laws
Laws consist of resolutions, statutes, and rules. We follow a four-step approach to eliminate legalese in these documents. First, we first identify the people who write the documents.
Second, we find people in these groups who have the interest, ability, and courage to write these documents in plain English. And we ask them to join us to work in an organized way from within the system to eliminate legalese. Many of the members of our subcommittees are former Clarity Award winners.
Third, our subcommittees then find clear examples of laws and give them Clarity Awards. We give our awards to documents that are significantly clearer than usual documents of that kind. And fourth, we promote our Clarity Award documents as good examples to follow. See our examples at the end of this article. Some of our examples are Clarity Award documents. Other examples are based on Clarity Award documents that we have edited somewhat. We don't claim perfection--only progress. Clear Writing We use guidelines for clear writing that have been prepared by the two legal-writing teachers on our Plain English Committee--Joe Kimble and Diana Pratt: Kimble's 36 elements of plain English [Plain English: A Charter for Clear Writing (Part Two), 71 Mich B J 1190 (November 1992)] and Pratt's Legal Writing: A Systematic Approach (3rd edition). But this is a lot to remember when you're writing a law. Therefore, for practical reasons, we have summarized what we believe are the worst elements of bad legal writing. We call them "basic elements of unclear writing," which we separate into "legalese" and "legalese compounded." See Figures 1 and 2.
Figure 2--Combinations of Active/Passive Voice and Strong/Weak Verbs
Below are our example resolution, statute, and rule. Examples:
A resolution urging the United States Congress, the President of the United States, and the United States Department of Veterans Affairs to establish a satellite veterans hospital facility in Yale, Michigan. Veterans have sacrificed greatly to ensure the liberties we so often take for granted here in America. These men and women left their homes and families and all they hold dear behind them to serve on foreign shores or to be prepared to defend our own land. They unselfishly put everything on the line on our behalf, often sacrificing their health in the process. Others, more fortunate, returned to civilian life unimpaired, but are now facing the prospects of failing health due to aging. Clearly, these men and women deserve the highest quality health care available. In the five-county area comprising Macomb, St.Clair, Sanilac, Lapeer, and Huron Counties, there are approximately 115,000 resident veterans. These citizens must travel distances of up to 120 miles to seek medical treatment to which they are entitled under the Code of Federal Regulations. The veterans who live in this five-county area in Michigan's Thumb have established the Five County Veterans Committee and charged the committee with the task of urging the federal government to become more responsive to the needs of local veterans. The committee supports the establishment of an outpatient clinic, operated by the Department of Veterans Affairs, in Yale, Michigan. This location would greatly enhance health care options for local veterans and would also provide for economic growth within the community. It is resolved by the House of Representatives that we urge the United States President, the United States Congress, and the Department of Veterans Affairs to establish a satellite veterans hospital facility in Yale, Michigan. It is further resolved that a copy of this resolution be transmitted to the President of the United States, the Secretary of Veterans Affairs, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
Sec 3 (1) Subject to Section 5, an individual who is 18 or older and of sound mind may execute a do-not-resuscitate order on his or her own behalf. A patient advocate of an individual who is 18 or older may execute a do-not-resuscitate order on behalf of that individual. (2) An order executed under this section must be on a form described in section 4. The order must be dated and executed voluntarily and signed by each of the following persons:
(b) The declarant's attending physician. (c) Two witnesses 18 or older, at least 1 of whom is not the declarant's spouse, parent, child, grandchild, sibling, or presumptive heir. (3) The names of the declarant, the attending physician, and each witness must be printed or typed below the corresponding signatures. A witness may sign an order only if the declarant appears to be of sound mind and under no duress, fraud, or undue influence. (4) At any time after an order is signed and witnessed, the declarant or an individual designated by the declarant may apply an identification bracelet to the declarant's wrist. (5) A declarant who executes an order under this section must maintain possession of the order and must have it accessible within his or her place of residence or in another setting outside a hospital, a nursing home, or a mental-health facility owned or operated by the department of community health.
R474.55 Appeal to panel. Rule 5. (1) To contest the committee's decision not to prequalify a prospective bidder, the prospective bidder must submit a written appeal to the administrator. The appeal must be received within 10 days after the prospective bidder has been notified of the committee's decision. The appeal must state why the prospective bidder disputes the decision and must supply any supporting documents needed to substantiate the prospective bidder's claims. (2) The administrator must assemble and submit all relevant information to a panel. The information must include the committee's decision and the material and information submitted by the prospective bidder. (3) The panel must review the information, conduct any further inquiry or review that the panel considers appropriate, and decide the issue. The panel may invite the prospective bidder to meet with the panel to provide further explanation. (4) The deputy director must notify the prospective bidder and other appropriate persons, in writing, of its decision as soon as reasonably possible after the appeal is received and the information necessary to decide the appeal is assembled. |
print this page
