COMMITTEES UPDATE

BY KATE WEAVER (OAKLAND)

Ethics Committee, Referee Ilyssa Cimmino (Oakland) – We are submitting a letter to the Board of Commissioners in which we declined to support the Proposed Amendments of Canon 3 of the Michigan Code of Judicial Conduct and Rule 6.5 of the Michigan Rules of Professional conduct.  The committee’s main concern is that while we support professionalism and civility, the proposed amendments created a list of protected categories, and the committee felt the list was unnecessary and eliminates respect and courtesy “for all parties.”   We sent over a language revision that we believed encompassed the intent of the amendments while protecting everyone. 

Further, we are also working on an opinion that states communication between a referee and the judicial officer to whom the referee provides recommended orders is not ex parte communication.  The opinion points out that it is ok to seek the judge’s input or clarification during the drafting process, because it promotes efficiency and accuracy by ensuring that the recommendation reflects the judge’s legal reasoning.  Additionally, because referees are subject to the Judicial Canons, all information received must be handled in accordance with ethical standards.  As long as both parties have access to the same information, it is ok to share any information provided to the judge.  Lastly, the committee believes that referees can also communicate with a judge about any unstated rationale in their recommendations but cautioned referees about making recommendations based upon reasons not stated in a recommended order. 

Finally, we also drafted an opinion on whether a judicial officer may be a member of a fraternal or advocacy organization including the Fraternal Order of Police.  The opinion states that judges are not categorically prohibited from joining, but the judicial officer needs to weigh all factors and ensure that the affiliation does not cast doubt on a judge’s impartiality. 

Juvenile Justice Partnership Committee, Referee Lisa Harris (Oakland) and Referee Holly Spoelman (Muskegon) – update from Referee Spoelman – Referee Spoelman has resigned from this committee as she has a new position in her office.  Thank you for your service to RAM!  Due to Referee Spoleman's resignation, a new referee will be selected to sit on this committee.

MI Weighted Caseload Study, Referee Erin Magley (Ottawa) and Referee Kelly Ward (Van Buren) – update from Referee Magley – referees had a very high participation rate in the time study of 96% (53 out of 55) which was the best of all judicial officers.  The process continues as the different work groups evaluate the data received. 

Commission on Wellness in the Law, Referee Linda Harrison (Macomb) resigned and has a new position in her office. We appreciate her service to RAM.  Referee Patricia Woodruff (Washtenaw) has been appointed in her place to continue RAM representation on this committee. Thanks Referee Woodruff!