Opinion
No. 00-09
September 12, 2000.
On order of the Court, this is to advise that the Court is considering an amendment of Rule 7 of the Rules Concerning the State Bar of Michigan. The amendment is proposed by 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 7. OFFICERS
Section 1. President, President-elect, Vice-president, Secretary, and Treasurer. The officers of the Board of Commissioners of the State Bar of Michigan are the president, the president-elect, the vice-president, the secretary, and the treasurer. The officers serve for the year beginning with the adjournment of the annual meeting following their election and ending with the adjournment of the next annual meeting. A person may serve as president only once.
After the election of board members but before the annual meeting each year, the Board of Commissioners shall elect from among its members, by majority vote of those present and voting, if a quorum is present:
(1) a president-elect who becomes president on the adjournment of the next succeeding annual meeting;
(2)(1) a vice-president who, after serving a one-year term, automatically succeeds to the office of president-elect for a one-year term, and then to the office of president, for a one-year term;
(4) (3) a treasurer.
The officers serve for the year beginning with the adjournment of the annual meeting following their election and ending with the adjournment of the next annual meeting. A person may serve as president only once. If a vice-president is not able to assume the duties of president-elect, the Board of Commissioners also shall elect from among its members, by majority vote of those present and voting, if a quorum is present, a president-elect who becomes president on the adjournment of the next succeeding annual meeting.
A commissioner whose term expires at the next annual meeting is not eligible for election as an officer unless the commissioner has been reelected or reappointed for another term as a commissioner. If a commissioner is elected president-elect with only one year of the term as a commissioner remaining, the term is extended for an additional year. If the remaining term of a commissioner elected vice-president or president-elect will expire before the commissioner completes a term as president, the term shall be extended to allow the commissioner to complete the term as president. If the term of an elected commissioner is so extended, the authorized membership of the board is increased by one for that year period of time; a vacancy in the district thevice-president or president-elect represents exists when thepresident-elect's term as a commissioner would normally expire, and an election conducted to choose a successor is to be held in the usual manner.
No person holding judicial office may be elected or appointed an officer of the Board of Commissioners. A judge presently serving as an officer may complete that term but may not thereafter, while holding judicial office, be elected or appointed an officer. A person serving as an officer who, after the effective date of this amendment, is elected or appointed to a judicial office, must resign as an officer of the board on or before the date that person assumes judicial office.
Section 2 — Section 4 [Unchanged.]
Staff Comment: The proposed amendment of § 1 is recommended by the Representative Assembly of the State Bar of Michigan to ensure that persons elected vice-president of the Board of Commissioners succeed to the offices of president-elect and president.
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. 00-09.