Opinion
Orders Entered February 24, 1998.
On order of the Court, this is to advise that the Court is considering an amendment of Rule 15, § 1 of the Rules Concerning the State Bar of Michigan. The proposal grew out of informal discussions of a working group that was convened by the State Bar of Michigan, and included representatives of the State Bar, the Attorney Grievance Commission, and the Attorney Discipline Board. 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.
On further order of the Court, having given due consideration to the suggestions of the groups and individuals who commented about the proposed amendments of Rule 9.126 and Rule 9.222 of the Michigan Court Rules, and State Bar Rule 15, § 1 (Version 1) that previously were published for comment at 454 Mich. 1202 (1997), those proposals remain under consideration. For ease of reference, they are being republished for comment along with the new proposal regarding State Bar Rule 15, § 1 (Version 2).
We welcome the views of all who wish to address these proposals or who wish to suggest alternatives. As whenever this Court publishes an administrative proposal for comment, we emphasize that publication of these proposals does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposals in their present form.
[The present language would be amended as indicated below.]
RULE 9.126. OPEN HEARINGS; CONFIDENTIAL FILES AND RECORDS.
(A)-(D) [Unchanged.]
(E) Other Information. Notwithstanding any prohibition against disclosure set forth in this rule or elsewhere, the commissionmay shall disclose the substance of information concerning attorney or judicial misconduct to: (1) the Judicial Tenure Commission, upon request. The commission also may male such disclosure to the Judicial Tenure Commission, absent a request, and to:
(2 1) the State Bar of Michigan Client Security Fund,
(3 2) the State Bar of Michigan Committee on Judicial Qualifications,
(4 3) any court-authorized attorney disciplinary or admissions agency, or
(5 4) other persons who are expressly authorized by the board or the Supreme Court.
(F) [Unchanged.]
RULE 9.222. CONFIDENTIALITY AND PRIVILEGE OF PROCEEDINGS.
(A)-(D) [Unchanged.]
(E) Disclosure to Attorney Grievance Commission. Notwithstanding the prohibition against disclosure in this rule, the commission may shall disclose information concerning misconduct to the Attorney Grievance Commission, upon request. Absent a request, the commission may make such disclosure to the Attorney Grievance Commission.
VERSION 1
RULE 15. ADMISSION TO THE BAR.
Section 1. Character and Fitness Committees.
(1)-(6) [Unchanged.]
(7) Information obtained in the course of processing an application for admission to the Bar may not be used for any other purpose or otherwise disclosed without the consent of the applicant or by order of the Supreme Court. Notwithstanding any prohibition against disclosure set forth in this rule or elsewhere, the Committee on Character and Fitness shall disclose information concerning a Bar applicant to the Judicial Tenure Commission or the Attorney Grievance Commission, upon request.
(8)-(20) [Unchanged.]
Sections 2-3. [Unchanged.]
VERSION 2
RULE 15. ADMISSION TO THE BAR.
Section 1. Character and Fitness Committees.
[A new paragraph (8) would be added as indicated below:]
(1)-(7) [Unchanged.]
(8) Notwithstanding any prohibition against disclosure set forth in this rule or elsewhere, the committee on character and fitness shall disclose information concerning a bar application to the Attorney Grievance Commission during the course of the Attorney Grievance Commissions investigation of a disciplined lawyers request for reinstatement to the practice of law. Upon receiving a request for character and fitness information and proof that a disciplined lawyer is seeking reinstatement to the practice of law, the committee on character and fitness shall notify the subject lawyer that a request has been made for the subjects confidential file by the Attorney Grievance Commission and thereafter shall disclose to the Attorney Grievance Commission all information relating to the disciplined lawyers bar application. The Attorney Grievance Commission and the grievance administrator shall protect all information obtained through this rule under MCR 9.126 (D). The grievance administrator shall submit to a hearing panel, under seal, any information obtained under this rule that the grievance administrator intends to use in a reinstatement proceeding. The hearing panel shall determine whether the information is relevant to the proceeding, and only upon such a determination may the grievance administrator use the information in any public pleading or proceeding.
(8)-(20) [Renumbered (9)-(21) but otherwise unchanged.]
Sections 2-3. [Unchanged.]
Staff Comment: The proposed amendment of MCR 9.126 and 9.222 would make mandatory the disclosure of information, upon request, between the Attorney Grievance Commission and the Judicial Tenure Commission. The proposed amendment of SBR 15, § 1 (Version 1) would formalize the past practice of allowing the State Bar to share with discipline agencies information collected during its investigation of the character and fitness of bar applicants. The alternative amendment of State Bar Rule 15, § 1 (Version 2) would authorize the State Bars Committee on Character and Fitness to disclose to the Attorney Grievance Commission information concerning the bar application of a disciplined lawyer who is requesting reinstatement to the practice of law. Under the proposal, the lawyer must be notified of the request, and the hearing panel must determine the relevancy of the information before permitting it to be used in a public document or proceeding.
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 number 96A7.