Sunday, September 15, 2013

Michigan State Bar to push for disclosure in issue campaign ads



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.