Michigan

IAALS submitted this comment to the Michigan Supreme Court and the Lessons Learned Committee in response to the state’s preliminary report, Michigan Trial Courts: Lessons Learned from the Pandemic of 2020-21, Preliminary Findings, Best Practices, and Recommendations. The report highlights the common experiences that shaped the Michigan justice system throughout the pandemic.

The pandemic has affected our civil justice system in many ways, yet perhaps the most important role access to justice entities can play in the near future is to advocate for the retention of remote access systems for court appearances as well as for the delivery of legal and self-help services.

On January 1, 2020, Michigan implemented its first major overhaul of its civil discovery rules in nearly forty years. A State Bar Association Committee was formed in 2017 to evaluate the current rules and recommend amendments that could help increase access to the courts; as a foundation to its work, the Committee looked to the 2015 federal civil rule amendments, the discovery innovations in other states, IAALS’ research and recommendations, and the Conference of Chief Justices’ national recommendations for state reform.

More and more courts are working to address backlogged cases and court users' dissatisfaction. In just the last few months, several Midwestern courts have taken steps to introduce more technology into their courts, removing barriers that many litigants face, especially those who represent themselves.

According to the Michigan Campaign Finance Network (MCFN), more than $18 million was spent in two Michigan Supreme Court races in 2012. Of this, nearly $14 million was spent on candidate-focused issue advertising, but the sponsors of those ads were not required to disclose their spending or identify their donors. A bill that would codify the current non-disclosure rule has supporters and opponents who are urging the governor to take their side.

The State Bar of Michigan, which represents more than 43,000 attorneys and judges, has asked the secretary of state to require disclosure of funders of "issue ads" in state elections. Specifically, the bar is seeking an interpretive ruling that such ads should be treated as advocacy rather than electioneering and thus as official campaign spending. Such a ruling would require the disclosure of donors who are currently anonymous.

With Justice Diane Hathaway resigning in the face of serious ethics charges, some are urging Governor Rick Snyder to follow a task force’s recommendations in appointing Hathaway’s successor on the Michigan Supreme Court.

An ad sponsored by the Washington, D.C.-based Judicial Crisis Network criticizes a supreme court candidate for volunteering to provide free legal representation to individuals suspected of terrorism. Spending on the ad is expected to top $1 million.

A radio ad funded by the American Justice Partnership highlights “eyebrow-raising” real estate transactions by a sitting justice who is not running for reelection, and a mailing from the Michigan Republican Party suggests that the Democratic supreme court candidates do not care about the potential mortgage fraud.

At its fall convention, the state Democratic Party nominated three women to run for supreme court seats in November. Two of the three candidates are challenging incumbent justices, while the third is running for an open seat.