R. Con. Bar Mich. 5

As amended through September 25, 2024

Rule 5 - Board of Commissioners

Section 1. Powers, Functions, and Duties.

(a) The Board of Commissioners shall

(1) implement policy adopted by the assembly;

(2) establish policy for the State Bar between assembly meetings not inconsistent with prior action of the assembly;

(3) manage the State Bar, adopt a budget for it, and supervise receipt and disbursements of State Bar funds;

(4) prescribe the function and duties of committees;

(5) provide for the organization of sections (including a law student section) of the State Bar, membership in which is voluntary, and determine the amount and regulate the collection and disbursement of section dues;

(6) receive and review committee and section reports and recommendations proposing action by the board and take interim or final action that the board finds feasible, in the public interest, and germane to the functions and purposes of the State Bar; and

(7) arrange for the publication of a journal to be issued at least 4 times a year and sent to the active members without charge.

(b) The Board of Commissioners may

(1) adopt bylaws;

(2) appoint standing and special committees, including

(A) character and fitness,

(B) civil procedure,

(C) court administration,

(D) criminal jurisprudence,

(E) fiscal,

(F) grievance,

(G) judicial qualifications,

(H) legal education,

(I) legislation,

(J) professional and judicial ethics,

(K) scope and correlation, and

(L) unauthorized practice of law;

(3) at the request of the governor, the legislature, or the supreme court, or on its own initiative, conduct an investigation of any matter relating to the state's courts or tribunals, to the practice and procedure in them, or to the administration of justice, and report to the officer or body making the request;

(4) acquire and hold real and personal estate by lease, purchase, gift, devise, or bequest, and sell, convey, mortgage, pledge, or release property;

(5) borrow money and pledge for repayment in annual installments, in anticipation of future revenues from annual membership dues, and issue notes, but the total indebtedness outstanding may not at any time exceed 40 percent and the principal installment due in one year may not exceed 8 percent of the revenues from required annual membership dues for the 5 preceding fiscal years;

(6) accept and hold real and personal estate in trust for any use or purpose germane to the general functions and purposes of the State Bar;

(7) bring an action or proceeding at law or in equity in a state or federal court or tribunal and intervene and be heard on an issue involving the membership or affairs of the State Bar in an action or proceeding pending in a state or federal court or tribunal.

(c) The board may assign these powers, functions, and duties to another State Bar agency but the board may reverse or modify the exercise of a power, function, or duty by a delegated agency.

Section 2. Membership; Terms.

The board consists of:

(1) 20 elected members, each serving a 3-year term commencing upon the adjournment of the meeting of the outgoing Board of Commissioners held at the annual meeting following the member's election.

(2) 5 members appointed by the Supreme Court, each serving a 3-year term commencing upon the adjournment of the meeting of the outgoing Board of Commissioners held at the annual meeting following the member's appointment. In the event that a commissioner appointed by the Supreme Court is not appointed before the adjournment of the annual meeting at which time he or she would ordinarily take office, that member shall begin to serve immediately upon appointment. Except where appointment is made under Section 5, such appointed commissioner shall be considered to have been in office at the beginning of the term for which the appointment is made.

(3) The chairperson-elect, the chairperson and the immediate past chairperson of the State Bar young lawyers section, each serving for the years during which they hold those positions.

(4) The chairperson, vice-chairperson, and clerk of the assembly, each serving for the years during which they hold those positions.

Section 3. Election Districts; Apportionment.

The board shall establish commissioner election districts consisting of contiguous judicial circuits and containing, as nearly as practicable, an equal lawyer population. The largest geographic area may have the highest deviation from population equality.

The board shall review and revise election districts every 6 years. If, as the result of a revision in election districts, no elected commissioner maintains his or her principal office in a district or a district has fewer elected commissioners than it is entitled to, the board may designate an elected commissioner or commissioner at large for the district until the next annual election when the vacancy will be filled.

To provide for an orderly transition and to preserve the requirement that approximately one-third of the elected board members are elected each year, the board may extend the term of an elected commissioner for a period not exceeding one year and the authorized membership of the board will be enlarged for the period affected.

An elected commissioner whose district is merged with another district as the result of a revision of commissioner election districts may nevertheless serve the full term for which the commissioner was elected and the authorized membership of the board will be temporarily enlarged for that purpose.

Section 4. Nomination and Election of Commissioners.

A commissioner is elected by the active members having their principal offices in the election district. To be nominated, a member must have his or her principal office in the election district and file a petition signed by at least 5 persons entitled to vote for the nominee with the secretary at the principal office of the State Bar between April 1 and April 30. Voting eligibility is determined annually on May 1. Before June 2, the secretary shall mail or electronically deliver a ballot to everyone entitled to vote. A ballot will not be counted unless marked and returned to the secretary at the principal office of the State Bar in a sealed envelope bearing a postmark date not later than June 15, or returned electronically or telephonically in conformity with State Bar election procedure not later than June 15. A board of 3 tellers appointed by the president shall canvass the ballots, and the secretary shall certify the count to the supreme court clerk. A member of or a candidate for the board may not be a teller. The candidate receiving the highest number of votes will be declared elected. In the case of a tie vote, the tellers shall determine the successful candidate by lot. In an election in which terms of differing length are to be filled, the successful candidate with the lowest vote shall serve the shortest term to be filled.

Section 5. Vacancy.

The board shall fill a vacancy among the elected commissioners and the Supreme Court shall fill a vacancy among the appointed commissioners, to serve the remainder of an unexpired term. If an elected commissioner moves his or her principal office out of his or her election district, the board shall declare that a vacancy exists. If an elected or appointed commissioner does not attend two consecutive meetings of the board without being excused by the president because of a personal or professional emergency, the president shall declare that a vacancy exists.

Section 6. Meetings.

The board shall meet during the annual meeting of the State Bar and before the convening of the assembly and shall hold not less than 4 meetings each year. The interval between board meetings may not be greater than 3 months. A special meeting may be held at the president's call and must be held at the secretary's call at the request of three or more board members. At a meeting, a majority of the board constitutes a quorum.

Section 7. Voting.

Each member of the board may cast only one vote. Voting by proxy is not permitted.

By order dated May 10, 2005, this Court adopted the amendments of Rules 2, 5, and 6 of the Rules Concerning the State Bar of Michigan with immediate effect. 472 Mich cxii-cxv (2005). Notice and an opportunity for comment at the September 29, 2005, public hearing having been provided, and consideration having been given, the amendments of Rules 2, 5, and 6 of the Rules Concerning the State Bar of Michigan are retained.

R. Con. Bar Mich. 5