ICLE Homepage | Other New and Amended MCRs
Order
Entered:
July 10, 1995
91-22
Amendments to Rule 2.003 of
the Michigan Court Rules and
Rules 3A, 3D, 6C, and 7B of
the Michigan Code of Judicial
Conduct, and new Rule 9.227
of the Michigan Court Rules
and Rule 7D of the Michigan
Code of Judicial Conduct
On order of the Court, notice of proposed changes having
been provided, and consideration having been given to the comments
received in response to that notice, the following amendments to
Rule 2.003 of the Michigan Court Rules and Rules 3A, 3D, 6C, and 7B
of the Michigan Code of Judicial Conduct, and new Rule 9.227 of the
Michigan Court Rules and Rule 7D of the Michigan Code of Judicial
Conduct are adopted, to be effective September 1, 1995.
[The present language is to be repealed and replaced by the
following language unless otherwise indicated below.]
Michigan Court Rules
Rule 2.003 Disqualification of Judge
(A) [Unchanged.]
(B) Grounds. A judge is disqualified when the judge cannot
impartially hear a case, including but not limited to
instances in which:
(1) The judge is personally biased or prejudiced for
or against a party or attorney.
(2) The judge has personal knowledge of disputed
evidentiary facts concerning the proceeding.
(3) The judge has been consulted or employed as an
attorney in the matter in controversy.
(4) The judge was a partner of a party, attorney for
a party, or a member of a law firm representing a
party within the preceding two years.
(5) The judge knows that he or she, individually or
as a fiduciary, or the judge's spouse, parent or
child wherever residing, or any other member of
the judge's family residing in the judge's
household, has an economic interest in the
subject matter in controversy or in a party to
the proceeding or has any other more than de
minimis interest that could be substantially
affected by the proceeding;
(6) The judge or the judge's spouse, or a person
within the third degree of relationship to either
of them, or the spouse of such a person:
(a) is a party to the proceeding, or an
officer, director or trustee of a party;
(b) is acting as a lawyer in the proceeding;
(c) is known by the judge to have a more than
de minimis interest that could be
substantially affected by the proceeding;
(d) is to the judge's knowledge likely to be
a material witness in the proceeding.
A judge is not disqualified merely because the
judge's former law clerk is an attorney of record
for a party in an action that is before the judge
or is associated with a law firm representing a
party in an action that is before the judge.
(C) [Unchanged.]
(D) Remittal of Disqualification. If it appears that there may
be grounds for disqualification, the judge may ask the
parties and their lawyers to consider, out of the presence
of the judge, whether to waive disqualification. If,
following disclosure of any basis for disqualification
other than personal bias or prejudice concerning a party,
the parties without participation by the judge, all agree
that the judge should not be disqualified, and the judge
is then willing to participate, the judge may participate
in the proceedings. The agreement shall be in writing or
placed on the record.
Rule 9.227 Immunity
A person is absolutely immune from suit for statements and
communications transmitted solely to the Judicial Tenure Commission
or the Commission staff, or given in an investigation or proceeding
on alleged misconduct, and no civil action predicated upon the
statements or communications may be instituted against a
complainant, a witness, or their counsel. Members of the Judicial
Tenure Commission and their counsel and staff are absolutely immune
from suit for all conduct in the course of their official duties.
Michigan Code of Judicial Conduct
Canon 3 A Judge Should Perform the Duties of Office
Impartially and Diligently
The judicial duties of a judge take precedence over all other
activities. Judicial duties include all the duties of office
prescribed by law. In the performance of these duties, the
following standards apply:
A. Adjudicative Responsibilities:
(1)-(3) [Unchanged.]
(4) A judge shall not initiate, permit, or consider
ex parte communications, or consider other
communications made to the judge outside the
presence of the parties concerning a pending or
impending proceeding, except as follows:
(a) A judge may allow ex parte communications
for scheduling, administrative purposes,
or emergencies that do not deal with
substantive matters or issues on the
merits, provided:
(i) the judge reasonably believes
that no party or counsel for a
party will gain a procedural or
tactical advantage as a result
of the ex parte communication,
and
(ii) the judge makes provision
promptly to notify all other
parties and counsel for parties
of the substance of the ex
parte communication and allows
an opportunity to respond.
(b) A judge may obtain the advice of a
disinterested expert on the law
applicable to a proceeding before the
judge if the judge gives notice to the
parties of the person consulted and the
substance of the advice, and affords the
parties reasonable opportunity to
respond.
(c) A judge may consult with court personnel
whose function is to aid the judge in
carrying out the judge's adjudicative
responsibilities or with other judges.
(d) A judge may, with the consent of the
parties, confer separately with the
parties and their lawyers in an effort to
mediate or settle matters pending before
the judge.
(e) A judge may initiate or consider any ex
parte communications when expressly
authorized by law to do so.
(5)-(10) [Unchanged.]
B. [Unchanged.]
C. [Unchanged.]
D. Remittal of Disqualification. A disqualification of a
judge may be remitted as provided by MCR 2.003(D).
Canon 6 A Judge Should Regularly File Reports of
Compensation Received for Quasi-Judicial and
Extra-Judicial Activities and of Monetary
Contributions
A judge may receive compensation and reimbursement of expenses for
the quasi-judicial and extra-judicial activities permitted by this
code, if the source of such payments does not give the appearance
of influencing the judge in judicial duties or otherwise give the
appearance of impropriety, subject to the following restrictions:
A. [Unchanged.]
B. [Unchanged.]
C. Public Reports. A judge shall report the date, place, and
nature of any activity for which the judge received
compensation, and the name of the payor and the amount of
compensation so received. The judge's report shall be made
at least annually and shall be filed as a public document
in the office of the State Court Administrator or other
office designated by law.
Canon 7 A Judge or a Candidate for Judicial Office Should
Refrain From Political Activity Inappropriate to
Judicial Office
A. [Unchanged.]
B. Campaign Conduct:
(1) A candidate, including an incumbent judge, for a
judicial office:
(a)-(b) [Unchanged.]
(c) should not make pledges or promises of
conduct in office other than the faithful
and impartial performance of the duties
of the office;
(d) should not use or participate in the use
of any form of public communication that
the candidate knows or reasonably should
know is false, fraudulent, misleading,
deceptive, or which contains a material
misrepresentation of fact or law or omits
a fact necessary to make the statement
considered as a whole not materially
misleading, or which is likely to create
an unjustified expectation about results
the candidate can achieve.
(2)-(3) [Unchanged.]
C. [Unchanged.]
D. Applicability
(1) A successful candidate, whether or not an
incumbent, and an unsuccessful candidate who is a
judge, are subject to judicial discipline for
campaign misconduct. An unsuccessful candidate
who is a lawyer is subject to lawyer discipline
for judicial campaign misconduct.
(2) A successful elected candidate who was not an
incumbent has until midnight December 31
following the election to wind up the candidate's
law practice, and has until June 30 following the
election to resign from organizations and
activities, and divest interests that do not
qualify under Canons 4 or 5.
(3) Upon notice of appointment to judicial office, a
candidate shall wind up the candidate's law
practice prior to taking office, and has six
months from the date of taking office to resign
from organizations and activities and divest
interests that do not qualify under Canons 4 or
5.
STAFF COMMENT: The July 7, 1995, amendments of MCR 2.003, and Rules
3A, 3D, 6C, and 7B of the Michigan Code of Judicial Conduct, and
new MCR 9.227 and Rule 7D of the Michigan Code of Judicial Conduct,
are based on the proposed revision of the Michigan Code of Judicial
Conduct submitted by the State Bar Representative Assembly. See 442
Mich 1216 (1993). They are effective September 1, 1995.
The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.