Forty years ago, in response to a resolution of the Michigan Judicial Conference, the Supreme Court appointed a committee to prepare jury instructions for use in civil cases. In 1970, the Court amended former Rule 516 of the General Court Rules to authorize the use of these instructions by trial courts. Later that year, the Court approved general instructions and instructions governing personal injury actions. In 1975, at the request of the committee that had developed the instructions, the Court appointed a new Committee on Standard Jury Instructions to oversee the task of maintaining the accuracy of existing model instructions and developing new instructions. Five years later, the Court amended the court rules to give the committee express standing authority to propose and modify standard instructions.
The Court has reconstituted the Committee on Standard Jury Instructions from time to time to provide for new members and to make permanent the status of the committee`s reporter. But the committee has until now operated without a defined structure and without a fixed number of members.
The Court is appreciative of the faithful and distinguished service that has been rendered over the years by members of the current and predecessor committees. Many of the present members have given long and selfless service, and their contributions have greatly enhanced the administration of justice. As part of an effort to regularize all the working groups that the Court has established, and to ensure continuity, we are persuaded that it now would be beneficial to develop a formal structure and membership for this committee. In addition, we are renaming the committee to clarify that the instructions apply to civil cases and that they are model instructions.
Therefore, on order of the Court, a new Committee on Model Civil Jury Instructions is established. The committee shall consist of 21 persons to be appointed by the Supreme Court. The Supreme Court will designate one member to serve as the chairperson of the committee. Generally members will be appointed for three-year terms and may be reappointed for two additional terms. However, to facilitate the transition and the staggering of terms, some initial appointments will be for abbreviated terms and those appointees who are members of the current Committee on Standard Jury Instructions will not be eligible for reappointment.
Effective January 1, 2002, the following persons are appointed to the new Committee on Model Civil Jury Instructions:
For terms ending December 31, 2002:
Honorable Susan D. Borman
Peter L. Dunlap
R. Emmet Hannick
Honorable Harold Hood
Honorable Robert M. Ransom
George T. Sinas
Sheldon J. Stark
For terms ending December 31, 2003:
David C. Coey
Honorable Pat M. Donofrio
Honorable Bruce A. Newman
Honorable Wendy L. Potts
Michael B. Rizik, Jr.
Valerie P. Simmons
Susan H. Zitterman
For terms ending December 31, 2004:
Thomas Blaske
Honorable William J. Giovan
Mark R. Granzotto
Maurice G. Jenkins
Steven W. Martineau
Honorable Susan Bieke Neilson
Mary Massaron Ross
Judge Hood is designated as chairperson for the duration of his term, after which Judge Giovan shall assume that position. Sharon M. Brown is appointed reporter for the committee.
It shall be the duty of the committee to ensure that the Model Civil Jury Instructions accurately state applicable law, and that the instructions are concise, understandable, conversational, unslanted, and not argumentative. In this regard, the committee shall have the authority to amend or repeal existing instructions and, when necessary, to adopt new instructions. Before doing so, the committee shall provide a text of the proposal to the secretary of the State Bar and the state court administrator, who shall give the notice specified in Rule 1.201 of the Michigan Court Rules. The notice shall state the time and method for commenting on the proposal. Following the comment period and any public hearing that the committee may hold on the matter, the committee shall provide notice of its decision in the same manner in which it provided notice of proposed instructions.
Mich. Admin. Ord. Administrative Order No. 2001-6