State Bar of Michigan
home member area contact us


archive



 print this page


for members
SBM general information

member directory

admissions, ethics, and
   regulation


diversity & inclusion

justice initiatives

member services

practice management
   resource center


public policy resource
   center


publications and
   advertising


research and links

sections & committees


ethics for members
ethics developments
ethics opinions
TAON (trust accounts)


from the courts
opinion searching
virtual court


for the public
public resources
media resources


giving opportunities
a lawyer helps
access to justice
   campaign

Court Amends Disqualification Rule

12/2/09

On November 25, 2009, the Michigan Supreme Court entered an order amending MCR 2.003. The amendments apply the disqualification rule to justices of the Michigan Supreme Court and include the procedure to be followed when a disqualification issue is raised about a justice by either a party or the justice himself or herself. Language added to the grounds for disqualification clarifies that the listing is not exclusive. Two new grounds for disqualification include 1) a reference to the due process rights addressed in Caperton v. Massey, and 2) failure to adhere to the appearance of impropriety standard set forth in Canon 2 of the Michigan Code of Judicial Conduct. Additional language clarifies that campaign speech protected by Republican Party of Minn v. White is not alone grounds for disqualification so long as it does not demonstrate bias or prejudice or an appearance of bias or prejudice for or against a party or attorney involved in the action. The Court is scheduled to address further amendments to MCR 2.003 at the upcoming December 10 administrative conference.

View the Full Text of the Court's Order

###

     

 

follow us
Follow Us on Facebook Follow Us on LinkedIn Follow Us on Twitter Follow the SBM Blog

 

©Copyright 2014

website links
Contact Us
Site Map
Website Privacy Statement PDF
Staff Links

SBM on the Mapcontact information
State Bar of Michigan
306 Townsend St
Lansing, MI 48933-2012
Phone: (517) 346-6300
Toll Free: (800) 968-1442
Fax: (517) 482-6248