December 1, 1999



99-18



Proposed Amendment of
Rule 8.120 of the
Michigan Court Rules
_______________________


          On order of the Court, this is to advise that the Court
is considering an amendment of Rule 8.120 of the Michigan Court
Rules.  Before determining whether the proposal should be adopted,
changed before adoption, or rejected, this notice is given to
afford any interested person the opportunity to comment on the form
or the merits of the proposal.  We welcome the views of all who
wish to address the proposal or who wish to suggest alternatives. 

          As whenever this Court publishes an administrative
proposal for comment, we emphasize that publication of this
proposal does not mean that the Court will issue an order on the
subject, nor does it imply probable adoption of the proposal in its
present form.

[The present language would be amended as indicated below.]

ICLE Editor's Note:

Rule 8.120     Legal Aid Clinics; Student and Graduate
     Programs in the Offices of Prosecuting Attorneys['
     and], City Attorneys['],
     Corporation Counsel, and Public or Nonprofit Defender
     Organizations [Student and Graduate Programs]

(A)  Purpose.  Effective legal service for each person in Michigan,
     regardless of that person's ability to pay, is important to
     the directly affected person, to our court system, and to the
     whole citizenry.  Law students and recent law graduates, under
     supervision by a member of the state bar, may staff legal aid
     clinics organized under a city or county bar association or an
     accredited law school, or which are funded pursuant to the
     Legal Services Corporation Act, 42 USC 2996, et
     seq.  Law students and recent law graduates may
     participate in legal training programs organized in the
     offices of county prosecuting attorneys, county corporation
     counsel, [or] city attorneys, and public or
     nonprofit defender organizations.

(B)  Eligible Students.  A student in a law school approved by the
     American Bar Association who has received a passing grade in
     law school courses and has completed the first year is
     eligible to participate in [a legal aid clinic or
     prosecutor's or county corporation counsel's or city
     attorney's office,] a clinic or program listed in
     subrule (A) if the student meets the academic and
     moral standards established by the dean of that school.  For
     the purpose of this rule, a "recent law graduate" is a person
     who has graduated from law school within the last year.

(C)  Scope; Procedure.

(1) - (3)      [Unchanged.]

(4)  A law student or graduate serving in a prosecutor's,
     county corporation counsel's, [or] city
     attorney's, or defender's program may be
     authorized to perform comparable functions and duties
     assigned by the prosecuting attorney, county attorney,
     [or] city attorney, or defender
     except that

(a)  [Unchanged.]

(b)  the law student or graduate may not be appointed as
     an assistant prosecutor, assistant corporation
     counsel, [or] assistant city attorney,
     or assistant defender.

          Staff Comment:  The proposed amendment of
MCR 8.120 would specify that public and nonprofit defender
organizations are among the legal training programs in which
eligible law school students and recent law graduates may
participate.  


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

          _____________________________________________

Publication of this proposal does not mean
that the Court will issue an order on the
subject, nor does it imply probable adoption
in its present form.  Timely comments will be
substantively considered, and your assistance
is appreciated by the Court.                 
          _______________________________________________


          A copy of this order will be given to the secretary of
the State Bar and to the State Court Administrator so that they can
make the notifications specified in MCR 1.201.  Comments on this
proposal may be sent to the Supreme Court clerk within 60 days
after it is published in the Michigan Bar Journal.  When filing a
comment, please refer to our file No. 99-18.