House Introduced Bill 5609

HOUSE BILL No. 5609


     February 25, 1998, Introduced by Reps. Lowe, Cropsey, Middleton, Walberg, Whyman, Horton, McNutt and Voorhees and referred to the Committee on Judiciary.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending sections 901, 904, 907, 908, 910, 913, 916, 919, 922,

   925, 928, 931, 934, 937, 940, 943, 946, and 949 (MCL 600.901,

   600.904, 600.907, 600.908, 600.910, 600.913, 600.916, 600.919,

   600.922, 600.925, 600.928, 600.931, 600.934, 600.937, 600.940,

   600.943, 600.946, and 600.949), section 908 as added by 1982 PA

   166, section 931 as amended by 1989 PA 100, section 934 as

   amended by 1980 PA 271, and section 949 as amended by 1980 PA

   69.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 901.  (1)  The state bar of Michigan is a public body

 2     corporate, the membership of which consists of all persons who

 3     are now and hereafter licensed to practice law in this state.  A

 4    PERSON SHALL NOT ENGAGE IN, OFFER TO ENGAGE IN, OR HOLD HIMSELF


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 1    OR HERSELF OUT AS ENGAGING IN THE PRACTICE OF LAW IN THIS STATE

 2    UNLESS LICENSED BY THE DEPARTMENT TO ENGAGE IN THE PRACTICE OF

 3    LAW AND ADMITTED TO THE COURTS OF THIS STATE BY THE SUPREME

 4    COURT.

 5         (2) The LICENSED members of the state bar  of Michigan  are

 6    officers of the courts of this state  ,  and have the exclusive

 7    right to  designate themselves as "attorneys and counselors," or

 8     "attorneys at law," or "lawyers." No person is authorized to

 9     practice law in this state unless he complies with the require-

10     ments of the supreme court with regard thereto.  USE THE DESIGNA-

11    TIONS OR TITLES OF "ATTORNEYS AND COUNSELORS", "ATTORNEYS AT

12    LAW", OR "LAWYERS".  A PERSON SHALL NOT USE 1 OR MORE OF THE DES-

13    IGNATIONS OR TITLES DESCRIBED IN THIS SECTION UNLESS THE PERSON

14    IS A MEMBER OF THE STATE BAR.

15         (3) THIS SECTION DOES NOT PROHIBIT ANY MEMBERS OF THE STATE

16    BAR FROM FORMING AND PARTICIPATING IN A VOLUNTARY ORGANIZATION

17    COMPRISED OF PERSONS LICENSED BY THE DEPARTMENT TO ENGAGE IN THE

18    PRACTICE OF LAW IN THIS STATE AND ADMITTED BY THE SUPREME COURT

19    TO THE COURTS OF THIS STATE.

20         (4) THIS SECTION IS NOT INTENDED TO DISTURB ANY INTERPRETA-

21    TION UNDER COMMON LAW OR PURSUANT TO ANY OPINIONS OF THE STATE

22    BAR OF MICHIGAN CREATED UNDER SECTION 901 AS IT EXISTED BEFORE

23    THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSEC-

24    TION REGARDING THE MEANING OF THE TERM "PRACTICE OF LAW".

25         (5) AS USED IN THIS SECTION AND SECTIONS 904 TO 949:

26         (A) "DEPARTMENT" MEANS THE DEPARTMENT OF CONSUMER AND

27    INDUSTRY SERVICES.



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 1         (B) "STATE BAR" MEANS THOSE PERSONS LICENSED BY THE

 2    DEPARTMENT TO ENGAGE IN THE PRACTICE OF LAW IN THIS STATE AND

 3    ADMITTED TO THE COURTS OF THIS STATE BY THE SUPREME COURT.

 4         Sec. 904.  (1) The  supreme court has the power to 

 5    DEPARTMENT SHALL provide for the organization,  government 

 6    GOVERNANCE, and membership of the state bar  of Michigan,  and

 7     to adopt  MAY PROMULGATE rules  and regulations  concerning the

 8     conduct  FOLLOWING:

 9         (A) THE CONDUCT and activities of the state bar.  of

10     Michigan and its members, the schedule of membership dues

11     therein, 

12         (B) THE DELEGATION TO THE SUPREME COURT OF the

13    INVESTIGATION, discipline, suspension, and disbarment of  its 

14    STATE BAR members for misconduct, and the UNAUTHORIZED PRACTICE

15    OF LAW BY PERSONS NOT LICENSED UNDER THIS ACT.

16         (C) THE investigation and examination of applicants for

17    admission to the STATE bar.

18         (2) THE DEPARTMENT SHALL DELEGATE TO THE SUPREME COURT THOSE

19    FUNCTIONS CONCERNING THE INVESTIGATION, DISCIPLINE, SUSPENSION,

20    AND DISBARMENT OF MEMBERS OF THE STATE BAR.  THE SUPREME COURT

21    HAS THE AUTHORITY OVER LICENSEES REGARDING THE UNAUTHORIZED PRAC-

22    TICE OF LAW BY PERSONS NOT LICENSED UNDER THIS ACT AND THE INVES-

23    TIGATION, DISCIPLINE, SUSPENSION, AND DISBARMENT OF MEMBERS OF

24    THE STATE BAR.

25         Sec. 907.  (1) The  state bar of Michigan has the power of 

26    SUPREME COURT HAS THE AUTHORITY TO subpoena  ,  and  the

27     authority to  take testimony under oath  , which may be exercised



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 1    by its officers, boards and committees  for the purpose of aiding

 2    in cases of INVESTIGATION, discipline, suspension, and disbarment

 3    of  its  members  , and in cases  OF THE STATE BAR.

 4         (2) IN THE CASE of applicants for admission to the STATE

 5    bar,  under such regulations and restrictions as  the DEPARTMENT

 6    IN CONJUNCTION WITH THE supreme court may  prescribe  PROMULGATE

 7    RULES AS CONSIDERED APPROPRIATE TO SET STANDARDS FOR ADMISSION

 8    PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA

 9    306, MCL 24.201 TO 24.328.  The persons exercising the power

10     granted by this section have the power to administer the neces-

11     sary oaths. 

12         Sec. 908.  (1)  Upon application filed by the attorney

13     grievance commission, and after affording the witness, the attor-

14     ney general, and the prosecuting attorney of the county where the

15     alleged violation occurred the opportunity to be heard regarding

16     any objections which any may have, the  EXCEPT AS OTHERWISE PRO-

17    VIDED IN SUBSECTION (2), THE supreme court may grant immunity to

18    a witness in a  lawyer  disciplinary proceeding INVOLVING A

19    MEMBER OF THE STATE BAR in a manner described in this section.

20         (2) An order granting immunity shall not be issued if the

21    supreme court determines, based on information supplied by the

22    attorney general or the prosecuting attorney of the county where

23    the alleged violation occurred, that an order of immunity would

24    interfere with an ongoing criminal investigation.

25         (3) The application FOR AN ORDER GRANTING IMMUNITY shall set

26    forth the proposed questions to be asked and shall be served on





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 1    the witness, the attorney general, and the prosecuting attorney

 2    of the county where the alleged violation occurred.

 3         (4) An order granting immunity shall not extend beyond

 4    answers reasonably encompassed within the questions set forth in

 5    the application  or  AND SHALL NOT EXTEND beyond the scope of the

 6    disciplinary proceeding.

 7         (5)  A  THE SUPREME COURT SHALL DELIVER TO THE WITNESS A

 8    true copy of the order granting immunity  shall be delivered to

 9     the witness  before  he or she  THAT WITNESS answers a question

10    which is the subject of the grant of immunity.

11         (6) A witness granted immunity  as  IN THE MANNER provided

12     by  FOR UNDER this section has the right to be represented by

13    counsel at all times at his or her request.

14         (7) A person required to answer the questions pursuant to an

15    order granting immunity  shall not be prosecuted  IS thereafter

16    IMMUNE FROM PROSECUTION for an offense concerning which an answer

17    may have tended to incriminate that person.

18         (8) A witness who  wilfully  WILLFULLY swears falsely under

19    oath in regard to any matter upon which he or she is being

20    examined under a grant of immunity UNDER THIS SECTION commits

21    perjury and is guilty of a felony, punishable by imprisonment for

22    not more than 15 years.

23         (9) The refusal of a witness to answer a question which is

24    the subject of a grant of immunity  shall constitute  CONSTITUTES

25    a contempt punishable by the circuit court of the county in which

26    the refusal occurred or by the supreme court.





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 1         (10) A copy of the transcript of the questions and answers

 2    subject to the grant of immunity shall be delivered to the

 3    witness as soon as practicable.  The copy of the transcript shall

 4    be certified as true by a person authorized to administer oaths

 5    in the proceeding.

 6         Sec. 910.  (1) The supreme court and each circuit court has

 7    jurisdiction to  admit  DO THE FOLLOWING:

 8         (A) ADMIT to the STATE bar  of this state,  persons who pos-

 9    sess the required qualifications  , to disbar  AND HAVE BEEN

10    APPROVED FOR LICENSURE UNDER THIS ACT BY THE DEPARTMENT.

11         (B) DISBAR or suspend members of the STATE bar FROM PRACTICE

12    BEFORE THE COURTS OF THIS STATE for misconduct  , and to

13     reinstate  AND RECOMMEND SUSPENSION OR REVOCATION OF THE LICENSE

14    ISSUED BY THE DEPARTMENT.

15         (C) RECOMMEND THE REINSTATEMENT OF licenses to practice law

16    AND READMIT PERSONS WHO WERE SUSPENDED FROM PRACTICE BEFORE THE

17    COURTS OF THIS STATE.

18         (2) All  such  matters and proceedings AS DESCRIBED IN SUB-

19    SECTION (1) are  declared to be  CONSIDERED civil in nature  , 

20    and the venue  thereof  OF THOSE MATTERS AND PROCEEDINGS is

21    subject to regulation by the supreme court.  ALL PROCEEDINGS

22    BEFORE THE DEPARTMENT REGARDING MEMBERS OF THE STATE BAR ARE CON-

23    SIDERED ADMINISTRATIVE IN NATURE.

24         Sec. 913.  (1) The clerk of the supreme court and of each

25    circuit court shall, when a person is admitted to the STATE bar

26    by that court, administer to the person the oath prescribed by

27    the supreme court for members of the STATE bar.  , and upon  UPON



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 1    payment of the sum of $25.00, THE CIRCUIT COURT SHALL issue to

 2    that person a certificate of admission,  and  keep a record of

 3    the admission in the roll of attorneys and the journal of that

 4    court, and transmit promptly to the clerk of the supreme court

 5    and to the  state bar of Michigan  DEPARTMENT without charge A

 6    certified  copies  COPY of the  orders  ORDER of admission.

 7         (2) WHEN THE DEPARTMENT REINSTATES THE LICENSE OF A MEMBER

 8    OF THE STATE BAR, THE DEPARTMENT SHALL SEND A COPY OF THE LICENSE

 9    TO THE CLERK OF THE CIRCUIT COURT IN THE COUNTY FROM WHICH THE

10    MEMBER WAS SUSPENDED AND TO THE SUPREME COURT. When a member of

11    the STATE bar WHO is suspended,  or  disbarred, or  is  held in

12    contempt  , and when a person  is  reinstated as a member of the

13     bar  READMITTED TO PRACTICE BEFORE THE COURTS, the clerk of the

14    court  so doing  READMITTING THAT MEMBER shall transmit to the

15    clerk of the supreme court and to the  state bar of Michigan 

16    DEPARTMENT A CERTIFIED COPY OF THE ORDER OF READMITTANCE without

17    charge.  certified copies of those orders. 

18         Sec. 916.  (1)  It is unlawful for any person to practice

19     law, or to engage in the law business, or in any manner whatso-

20     ever to lead others to believe that he is authorized to practice

21     law or to engage in the law business, or in any manner whatsoever

22     to represent or designate himself as an attorney and counselor,

23     attorney-at-law, or lawyer, unless the person so doing is regu-

24     larly licensed and authorized to practice law in this state.

25     Any  EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2), A person who

26    violates  the provisions of this  section 901 BY ENGAGING IN,

27    OFFERING TO ENGAGE IN, OR HOLDING HIMSELF OR HERSELF OUT AS



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 1    ENGAGING IN THE PRACTICE OF LAW WITHOUT BEING A MEMBER OF THE

 2    STATE BAR is guilty of contempt of the supreme court and of the

 3    circuit court of the county in which the violation occurred  , 

 4    and, upon conviction, is punishable as provided by law.  This 

 5         (2) THE PROHIBITION CONTAINED IN section 901 does not apply

 6    to a person who is  duly  licensed and authorized to practice law

 7    in another state while temporarily in this state and engaged in a

 8    particular matter.

 9         Sec. 919.  (1) The measure of the compensation of members of

10    the STATE bar is left to the express or implied agreement of the

11    parties, subject to the regulation of the supreme court.

12         (2) Any agreement for such compensation  ,  or for reim-

13    bursement of any expenses  ,  incident to the prosecution or

14    defense of any claim by any party is wholly void if  such  THAT

15    professional employment was solicited by the member of the STATE

16    bar  ,  or by any other person acting on his OR HER behalf or at

17    his OR HER request, unless the services of such member of the

18    STATE bar were first requested by  such  THAT party.

19         Sec. 922.  (1) There is  hereby constituted  CREATED WITHIN

20    THE DEPARTMENT a board of law examiners consisting of 5  active 

21    LICENSED members of the STATE bar WHO ARE ACTIVELY ENGAGED IN THE

22    PRACTICE OF LAW, each of whom shall hold office for 5 years and 1

23    of whom shall be appointed by the governor on nomination by the

24    supreme court on  the first day of  July 1  in  OF each year.

25    Vacancies on the board shall be filled in like manner for the

26    unexpired term.





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 1         (2) The president of the board is the member of the board

 2    whose term first expires.  The board shall elect a secretary

 3    annually from its own membership.  The  clerk of the supreme

 4     court ex-officio  DIRECTOR OF THE DEPARTMENT OR HIS OR HER DESIG-

 5    NEE EX OFFICIO is the assistant secretary and treasurer of the

 6    board.

 7         (3) If a vacancy occurs in the office of president, the

 8    board may elect a president for the unexpired term from its own

 9    membership.

10         Sec. 925.  (1) The board of law examiners has charge of the

11     investigation and  examination of all persons who initially

12    apply for admission to the STATE bar.  of this state.  The board

13    may  adopt suitable regulations, subject to approval by the

14     supreme court, concerning the performance of its functions and

15     duties.  Regulations adopted pursuant to this section need not be

16     published  PROMULGATE RULES pursuant to  Act No. 88 of the Public

17     Acts of 1943, being sections 24.71 to 24.82, inclusive, of the

18     Compiled Laws of 1948, as amended  THE ADMINISTRATIVE PROCEDURES

19    ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328, TO ADMINISTER

20    THIS SECTION.

21         (2) The board OF LAW EXAMINERS has the power of subpoena  , 

22    and the authority to administer oaths  ,  and to take testimony

23    under oath.  , which  THIS AUTHORITY may be exercised by any

24    member of the board OF LAW EXAMINERS in cases of applicants for

25    admission to the STATE bar.

26         Sec. 928.  (1) The board of law examiners shall meet at

27    least once in each year at such times and places as the  chairman



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 1    shall determine  PRESIDENT OF THE BOARD DETERMINES for the

 2    purpose of  investigating,  examining  , hearing,  and passing

 3    upon the qualifications of applicants for admission to the STATE

 4    bar  ,  and to transact such other business as may come before

 5    the board.

 6         (2) Three members of the board  shall  constitute a quorum.

 7    The action of a majority of the members present at a meeting at

 8    which a quorum is present shall be the action of the board.

 9         Sec. 931.  (1) The fees required to be paid by each appli-

10    cant for  admission to the bar  INITIAL LICENSURE shall be paid

11    to the  board of law examiners,  DEPARTMENT and  shall be  depos-

12    ited in the general fund for the restricted purpose of expendi-

13    tures of the  supreme court  DEPARTMENT related to the adminis-

14    tration of the board of law examiners.  The APPLICATION fees

15    shall not exceed the following amounts:

16         (a) Applicants for examination, $175.00.

17         (b) Applicants for reexamination or recertification,

18    $100.00.

19         (c) Applicants for  admission  LICENSURE without examina-

20    tion, $400.00.

21         (d) Additional fee for late filing of application or trans-

22    fer of an application, $100.00.

23         (2) THE DEPARTMENT SHALL CHARGE AN ANNUAL LICENSE RENEWAL

24    FEE NOT TO EXCEED $100.00 PER YEAR.  THE ANNUAL LICENSE RENEWAL

25    FEE SHALL BE PAID TO THE DEPARTMENT AND DEPOSITED IN THE GENERAL

26    FUND FOR THE RESTRICTED PURPOSE OF ADMINISTRATION OF THIS ACT.

27    THE DEPARTMENT SHALL ALLOCATE TO THE SUPREME COURT A PORTION OF



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 1    LICENSE FEES SUFFICIENT FOR THOSE DUTIES DELEGATED TO THE SUPREME

 2    COURT.

 3         (3)  (2)  Each member of the board is entitled to receive

 4    compensation for his or her services as are authorized by the

 5     supreme court and appropriated by the legislature, and 

 6    DEPARTMENT OF MANAGEMENT AND BUDGET in addition TO the actual and

 7    necessary expenses incurred in the discharge of his or her duties

 8    as a member of the board.  The expenses of the board shall be

 9     paid upon certification by the supreme court pursuant to the pro-

10     cedures established by the supreme court. 

11         Sec. 934.  (1) A person  is qualified for admission to the

12     bar of this state  who proves to the satisfaction of the board of

13    law examiners that he or she  is  MEETS ALL OF THE FOLLOWING IS

14    CONSIDERED QUALIFIED FOR LICENSURE BY THE DEPARTMENT AND FOR

15    ADMISSION TO PRACTICE IN THE COURTS OF THIS STATE:

16         (A) IS a person of good moral character.  , is 

17         (B) IS 18 years of age or older.  , is 

18         (C) IS a resident of 1 of the states or territories or the

19    District of Columbia.  , has 

20         (D) HAS the required general education, learning in the law,

21    and fitness and ability to enable him or her to practice law in

22    the courts of record of this state  , and that he or she intends 

23    AS FURTHER DESCRIBED IN SECTIONS 937 AND 940.

24         (E) INTENDS in good faith to practice or teach law in this

25    state.  Additional requirements concerning the qualifications

26     for admission are contained in subsequent sections of this

27     chapter. 



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 1         (2) As used in this section, "good moral character" means

 2    good moral character as defined and determined under  Act No. 381

 3     of the Public Acts of 1974, as amended, being sections 338.41 to

 4     338.47 of the Michigan Compiled Laws  1974 PA 381, MCL 338.41 TO

 5    338.47.

 6         (3) A person may elect to use the multi-state bar examina-

 7    tion scaled score which the person achieved on a multi-state bar

 8    examination administered in another state or territory when

 9    applying for admission to the STATE bar,  of this state,  but

10    only if all of the following occur:

11         (a) The score which the person elects to use was achieved on

12    a multi-state examination administered within the 3 years immedi-

13    ately preceding the multi-state bar examination in this state for

14    which the person would otherwise sit.

15         (b) The person achieved a passing grade on the bar examina-

16    tion of which the multi-state examination the score of which the

17    person elects to use was a part.

18         (c) The multi-state examination, the score of which the

19    person elects to use, was administered in a state or territory

20    which accords the reciprocal right to elect to use the score

21    achieved on the multi-state examination administered in this

22    state to Michigan residents seeking admission to the bar of that

23    state or territory.

24         (d) The person earns a grade on the essay portion of the bar

25    examination which, when combined with the transferred multi-state

26    scaled score, constitutes a passing grade for that bar

27    examination.



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 1         (e) The person otherwise meets all requirements for

 2     admission to  LICENSURE BY the  bar of this state  DEPARTMENT.

 3         (4) The  state  board of law examiners shall disclose to a

 4    person electing under subsection (3) to transfer the multi-state

 5    bar examination scaled score achieved on an examination adminis-

 6    tered in another state or territory the score the person achieved

 7    as soon as that score is received by the board regardless of

 8    whether the person could have obtained that score in the juris-

 9    diction in which the examination was administered.  This subsec-

10    tion does not require disclosure by the board of the score

11    achieved on a multi-state bar examination administered in another

12    state or territory until the scores achieved on that examination

13    administered in Michigan are released.

14         Sec. 937.  Every  BEFORE COMMENCEMENT OF HIS OR HER LEGAL

15    EDUCATION, AN applicant for  admission to  LICENSURE BY the  bar 

16    DEPARTMENT is required to have completed successfully  prior to

17     commencement of his legal education  at least 2 years of study,

18    ACCEPTABLE TO THE BOARD OF LAW EXAMINERS AND THE DEPARTMENT, con-

19    sisting of not less than 60 "semester hours" or 90 "quarter

20    hours" of study in courses for which credit  towards  TOWARD a

21    collegiate degree is given  ,  IN either  in an  OF THE

22    FOLLOWING:

23         (A) AN accredited college authorized under the laws of the

24    state in which the college is located to grant collegiate

25    degrees.  , or in a 

26         (B) A junior college or other school from which students who

27    have successfully completed such 2 years of study are accepted as



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 1    regular third-year students by any accredited college in this

 2    state that is authorized by law to grant collegiate degrees.

 3         Sec. 940.  (1)  Every  AN applicant for examination is

 4    required to be a graduate from a reputable and qualified law

 5    school ACCEPTABLE TO THE BOARD OF LAW EXAMINERS AND THE DEPART-

 6    MENT AND duly incorporated under the laws of this state or

 7    another state or territory, or the District of Columbia, of the

 8    United States of America.

 9         (2) If an applicant is called into or volunteers for the

10    armed forces of the United States of America  ,  and has com-

11    pleted successfully 2-1/2 years of the course of study as a

12    full-time student  ,  or 3-1/2 years of the course of study as a

13    part-time student  ,  in any such law school, the board of law

14    examiners  ,  in its discretion may allow  such  THAT applicant

15    to be examined for the STATE bar  prior to  BEFORE such gradua-

16    tion  ,  but shall withhold certification until after his OR HER

17    graduation.

18         Sec. 943.  (1) The DEPARTMENT AND THE board of law examiners

19     has  HAVE the authority to examine  ,  or to cause to be

20    examined  ,  any school, college, junior college, or law school

21    for the purpose of determining whether the standards of education

22    and training required for admission to the STATE bar are being

23    maintained  ,  and to exclude from the STATE bar examination any

24    person who was a student  therein  IN ANY SUCH EDUCATIONAL

25    INSTITUTION at the time  any such  THAT educational institution

26    is found to have been disqualified or of questionable

27    reputation.



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 1         (2) The DEPARTMENT AND THE board of law examiners may

 2    exclude from the STATE bar examination any person who was a stu-

 3    dent in  any such  AN educational institution DESCRIBED IN SUB-

 4    SECTION (1) if  such  THAT educational institution refuses to

 5    allow the examination.

 6         Sec. 946.  Any  A person who is  duly  licensed to practice

 7    law in the court of last resort of any other state or territory,

 8    or the District of Columbia, of the United States of America  , 

 9    and who applies for admission to the STATE bar  of this state 

10    without examination  ,  is required to prove to the satisfaction

11    of the board of law examiners  that  ALL OF THE FOLLOWING:

12         (A)  (1) He  THAT HE OR SHE is in good standing at the bar

13    of such other state, territory, or district  ,  and has the qual-

14    ifications as to moral character, citizenship, age, general edu-

15    cation, fitness, and ability required for admission to the STATE

16    bar.  of this state; and 

17         (B)  (2) He  THAT HE OR SHE intends in good faith either to

18    maintain an office in this state for the practice of law, and to

19    practice actively in this state, or to engage in the teaching of

20    law as a full-time instructor in a reputable and qualified law

21    school  duly  incorporated under the laws of this state.  ; and 

22         (C)  (3) His  THAT HIS OR HER principal business or occupa-

23    tion for at least 3 of the 5 years immediately preceding his

24    application has been either the active practice of law in such

25    other state, territory, or district or the teaching of law as a

26    full-time instructor in a reputable and qualified law school duly

27    incorporated under the laws of this or some other state or



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 1    territory, or the District of Columbia, of the United States of

 2    America, or that period of active service, full-time as distin-

 3    guished from active duty for training and reserve duty, in the

 4    armed forces of the United States, during which the applicant was

 5    assigned to and discharged the duties of a judge advocate, legal

 6    specialist, or legal officer by any other designation, shall be

 7    considered as the practice of law for the purposes of this sec-

 8    tion, which assignment and the inclusive dates thereof shall be

 9    certified to by the judge advocate general or comparable officer

10    of the armed forces concerned or by the principal assistant to

11    whom this certification may be delegated; or any combination of

12    periods of practice thereof.  The  supreme court  DEPARTMENT AND

13    THE BOARD OF LAW EXAMINERS may,  in its discretion,  on special

14    motion and for good cause shown, increase  said  THE 5-year

15    period.  Any period of active service in the armed forces of the

16    United States not meeting the requirements of duty in the armed

17    forces as  herein  stated IN THIS SUBDIVISION may be excluded

18    from the 5-year period above prescribed and the period extended

19    accordingly.

20         Sec. 949.  (1)  It is the duty of all  ALL state, county,

21    and city law enforcement officers  to  SHALL aid the  state bar

22     of Michigan  SUPREME COURT and the board of law examiners in any

23    investigation of the conduct of members of the STATE bar  ,  and

24    OF the character and fitness of persons who apply for LICENSURE

25    AND admission or reinstatement AND READMISSION to the STATE bar

26     ,  and to furnish all available information about the members or

27    persons.



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 1         (2) The board of law examiners shall require that an

 2    applicant for  admission to  LICENSURE BY the  state bar of

 3     Michigan  DEPARTMENT be fingerprinted to determine whether the

 4    applicant has a record of criminal convictions in this state or

 5    in other states.  The information obtained as a result of the

 6    fingerprinting of an applicant shall be limited to the official

 7    use of the DEPARTMENT AND THE board of law examiners and  the 

 8    ANY committee  on  OF THE SUPREME COURT INVESTIGATING OR

 9    DETERMINING character and fitness  of the state bar of Michigan

10     in determining the character and fitness  of the applicant for

11     admission to  LICENSURE BY the  state bar of Michigan 

12    DEPARTMENT AND ADMISSION TO THE COURTS OF THIS STATE.  After

13    approval of the applicant by the board of law examiners, all fin-

14    gerprint records and cards shall be returned to the applicant or

15    destroyed.

16         (3) After  the effective date of this amendatory act  APRIL

17    3, 1980, all fingerprint records and cards being held by the

18    state bar of Michigan shall be destroyed.





















   03575'97          Final page.                            LBO