COURT OF APPEALS; SWEAR IN LAWYERS H.B. 5204:
SUMMARY OF BILL
REPORTED FROM COMMITTEE
House Bill 5204 (as reported without amendment)
Sponsor: Representative Kelly Breen
Senate Committee: Civil Rights, Judiciary, and Public Safety
CONTENT
The bill would amend Chapter 9 (Attorneys and Counselors) of the Revised Judicature Act to allow a judicial district of the Court of Appeals to swear in qualified individuals to the State Bar.
BRIEF RATIONALE
The Act allows only the Michigan Supreme Court and each circuit court to swear in new lawyers to the State Bar. According to testimony before the Senate Committee on Civil Rights, Judiciary, and Public Safety, when this legislation was enacted in 1961, the Court of Appeals had not yet been created. Currently, the Supreme Court may grant a Court of Appeals judge wishing to swear in a new member to the Bar temporary special assignment to act as circuit court judge on a case-by-case basis.[1] It has been suggested to allow a Court of Appeals judicial district to swear in new lawyers without special request.
Legislative Analyst: Eleni Lionas
FISCAL IMPACT
The bill would have no fiscal impact on State or local court systems.
Date Completed: 10-25-24 Fiscal Analyst: Michael Siracuse
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.
[1] Article VI Section 23 of the State Constitution of 1963 allows the Supreme Court to authorize judges to perform judicial duties for limited periods and specific assignments.