Opinion
No. 00-10
September 12, 2000.
On order of the Court, this is to advise that the Court is considering an amendment of Rule 9.112 of the Michigan Court Rules. The amendment is based on a proposal from the Representative Assembly of the State Bar of Michigan. 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. Before adoption or rejection, this proposal will be considered at a public hearing by the Court. The Clerk of the Court will publish a schedule of future public hearings.
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.]
Rule 9.112 Requests for Investigation
(A) [Unchanged.]
(B) Form of Request. A request for investigation of alleged misconduct must
(1) be in writing;
(2) describe the alleged misconduct, including the approximate time and place of it;
(3) be signed, dated, and verified by oath of the complainant or by including the following declaration: "I declare that the statements above are true to the best of my information, knowledge, and belief"; and
(4) be filed with the administrator.
(C) — (D) [Unchanged.]
Staff Comment: The proposed amendment of Rule 9.112(B)(3) is based on a recommendation from the Representative Assembly of the State Bar of Michigan. The Bar's Grievance Committee had suggested requiring an oath to make this rule consistent with Rule 9.207(A).
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 by January 1, 2001. When filing a comment, please refer to our file No. 00-10.