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Representative Assembly Opposes Rule Change on Filing Briefs
10/1/03
The Representative Assembly of the State Bar of Michigan has adopted a resolution opposing amendments that would shorten the time allowed for the preparation of briefs and eliminate the ability of clients to authorize extensions. At a meeting September 12, 2003 in Lansing, the Assembly noted that the changes proposed by the Michigan Court of Appeals in MCR 7.212 would in effect:
- Impose additional costs on clients and taxpayers
- Increase the likelihood of delays later in the appellate process
- Threaten the ability of practitioners to specialize in appellate law, and of solo and small firm practices to handle appellate matters, thereby diminishing client choice and quality of professional service.
The Representative Assembly noted that the true causes of appellate delay are those phases of the process in which no productive activity occurs, i.e. backlogs in the research division of the Court of Appeals and in case file and transcript preparation at the trial level. The Assembly resolved to continue to back efforts to get adequate funding for the Court of Appeals to eliminate delays in the Court and to develop alternatives that will reduce delay without impairing the quality of appellate work. The Representative Assembly will also support the Michigan Supreme Court as it investigates the causes of transcript production delay and proposes solutions.
In other action, the Representative Assembly amended Article IV section 4 of the bylaws to eliminate mandatory minimum voting. The Representative Assembly which is the highest policy making body of the State Bar, will meet in November to consider the proposed Michigan Rules of Professional Conduct and the proposed Michigan standards for imposing lawyer sanctions.
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