Sunday, September 15, 2013
Look for a big push by the Michigan State Bar Association to
require 501(c)’s to disclose their donors when running “issue ads” in judicial
campaigns, ads that often in reality become attack ads, most notably in state
Supreme Court races.
State Bar President Bruce Courtade appeared on Tim Skubick’s
“Off the Record” PBS-TV show Sunday morning and said the Bar will ask Secretary
of State Ruth Johnson to alter a rule and require the disclose.
“Doing nothing is not an option,” Courtade told the panel. “It’s
that important.”
Courtade said the number of these issue ads has increased
significantly over the past 10 years. He said voters should know who is behind
the ads that often either attack or praise one of the candidates, or a slate of
candidates.
He said the donation process should be all open.
Skubick pressed him on requiring attorneys to disclose a
donation to a judge when appearing before a case, but Courtade didn’t favor
that. He said the donations are reportedly publicly already, implying that an
opposing attorney has access to that information.
Courtade implied that if Johnson doesn’t change the rule,
the Bar will pursue the matter another way, possibly in the courts.
Courtade said he also would like to see Michigan change its
nomination process of Supreme Court justices, who are nominated by the Republican
and Democratic parties. He said having political parties nominate candidates in
a nonpartisan race sends “mixed messages.” He said he hasn’t decided on the
alternative.
Thursday, September 5, 2013
Advice on appearing in front of the Michigan Supreme Court
The Michigan
Supreme Court this week released a handbook to guide attorneys on how to
prepare and argue their cases when they have to travel to Lansing to argue in front of the highest court in the state.
The 13-page book, “Guide for Counsel in Cases to Be Argued in the
Michigan Supreme Court,” address topics such as preparation for oral argument,
filing, brief-writing, oral argument procedures, and more, according to a press
release issued through spokeswoman Marcia McBrien.
It is especially designed for
those making their first appearance before the court. The guide includes
general information plus a directory of offices and programs.
As I non-attorney writer,
I was interested in the brief-preparation section. So here’s a short excerpt from that section:
“When
preparing your brief, understand your audience. The Justices and their law
clerks are generalists. Your brief should educate as well as inform. Give the
Court the ‘big picture’ of the applicable area of the law and explain how your
case fits within that area. Draw the Court a road map of how you expect it to
get from point A to point B. Do prior Court of Appeals or Supreme Court cases
need to be overruled? Does the common law need to be changed? If so, state this
clearly.”
The guide was compiled by
Supreme Court staff with extensive input from Michigan Solicitor General John
Bursch.
It is
available at
http://courts.mi.gov/Courts/MichiganSupremeCourt/Documents/MSC%20Guide%20for%20Counsel.pdf.
Tuesday, September 3, 2013
Ex judge Barry Howard receives Hilda Gage award
The Michigan Judges Association (“MJA”)
announced that the Hon. Barry L. Howard, formerly of the 6th Circuit
Court in Oakland County, is the recipient of its 2013 Judicial Excellence
Award, named after the late Hilda Gage.
The award recognizes those who have excelled in trial and docket
management, legal scholarship, and contributions to the profession and the
community. The award honors current or
former judges who serve their profession and their communities with integrity,
skill, and courage every day.
Barry Howard is a graduate of the
University of Michigan and the University of Detroit School of Law. He served as a circuit judge for the Oakland
County court from 1989 to 2001, serving as its chief judge from January 2000 to
April 2001. During that time, he taught for the Michigan Judicial Institute,
and served the Michigan Judges Association as a board member and as its
President.
Judge Howard has continued his service
to the profession and the judiciary after he left the bench. He was co-chair of
the Judicial Crossroads Task Force. He
is currently Of Counsel to the law firm of Lipson, Neilson, Cole, Seltzer &
Garin, PC.
Barry Howard is a former recipient of
the Champion of Justice Award by the State Bar of Michigan. In 1995, he was
named “one of the top five most respected judges” in the state in a survey of
lawyers conducted for WDIV-Channel 4. Western Michigan University named its
Barry L. Howard Medallion Scholarship after him.
It gives the Michigan Judges
Association great pleasure to present the 2013 Hilda Gage Award for Judicial
Excellence to give this award to Barry L. Howard.