February 23, 1999


98-53




Amendment to Rule 8.110
of the Michigan Court Rules
______________________________/


     On order of the Court, the following amendment to Rule 8.110
of the Michigan Court Rules is adopted, effective March 1, 1999.

ICLE Editor's Note:

MCR Rule 8.110 Chief Judge Rule

(A)  Applicability. This rule applies to all trial courts: i.e.,
     the judicial circuits of the circuit court, the districts of
     the district court, the probate court in each county or a
     probate district established by law, and the
     municipal courts[,] [and the Recorder's Court of
     the City of Detroit].

(B) - (C) [No change].

(D) Court Hours; Court Holidays; Judicial Absences.
     
     (1) [No change].

     (2) [No change].

(3)  Judicial Vacation[s] Standard.  [A
     judge is entitled to vacation each calendar year.] 
     A judge is expected to take an annual vacation leave
     of 20 days with the approval of the chief judge to
     ensure docket coordination and coverage.  A judge may
     take an additional 10 days of annual vacation leave
     with the approval of the chief judge.  A maximum of 30
     days of annual vacation unused due to workload
     constraints may be carried from one calendar year into
     the first quarter of the next calendar year and used
     during that quarter, if approved by the chief
     judge.  Vacation days do not include:

          (a)  attendance at Michigan judicial
     conferences;
          (b)  attendance, with the chief judge's
     approval, at educational meetings or seminars;
          (c)  attendance, with the chief judge's
     approval, at meetings of judicial committees or
     committees substantially related to judicial
     administration of justice;
          (d)  absence due to illness; or
          (e)  administrative leave, [approved by
     the chief judge] with the chief judge's
     approval.

     (4)    Judicial Education Leave Standard.  A judge is
          expected to take judicial education leave of 2 weeks
          every 3 years to participate in continuing legal
          education and training at Michigan judicial training
          programs and nationally recognized judicial education
          programs, including graduate and refresher courses. 
          Judicial education leave does not include judicial
          conferences for which attendance is required.  The use
          of judicial education leave approved by the chief judge
          does not affect a judge's annual leave.  

     (5)    Judicial Professional Leave Standard.  Judges are
          encouraged, as part of their regular judicial
          responsibilities, to participate in professional
          meetings and conferences that advance the
          administration of justice or the public's understanding
          of the judicial system; to serve on commissions and
          committees of state and national organizations that
          contribute to the improvement of the law or that
          advance the interests of the judicial system; and to
          serve on Supreme Court-appointed or in-house
          assignments or committees.  The use of judicial
          professional leave approved by the chief judge does not
          affect a judge's annual leave or education leave.

     (6)   Approval of Judicial Absences.   A judge may not
          be absent from the court without the chief judge's
          prior approval, except for personal illness.  In making
          the decision on a request to approve a vacation or
          other absence, the chief judge [may]
          shall consider, among other factors, the pending
          caseload of the judge involved[, including the
          judge's latest report under MCR 8.107, the number of
          cases ready for trial and awaiting trial, and the
          length of time the cases have been pending]. The
          chief judge shall withhold approval of vacation,
          judicial education, or judicial professional leave that
          conforms to these standards only if withholding
          approval is necessary to ensure the orderly conduct of
          judicial business.  The chief judge shall maintain
          records of absences to be available at the request of
          the Supreme Court.
     

          Staff Comment: The 1999 amendment to MCR
8.110(A) eliminates the reference to the Recorder's Court, which
was merged with the Third Circuit Court in Wayne County by 1996
Public Act 374, effective October 1, 1997.

     In addition, MCR 8.110(D) was amended, effective March 1,
1999, by renumbering MCR 8.110(D)(4) as MCR 8.110(D)(6), amending
MCR 8.110(D)(3),  and adding new subrules MCR 8.110(D)(4) & (5)
to provide standards for judicial leave and for the
responsibilities of chief judges for approval of judicial leave.

The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.