Opinion
December 1, 1999.
Order Entered December 1, 1999:
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:]
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 U.S.C. § 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.