Michigan Adopts New Procedures For Hearings During COVID
The Michigan Attorney Discipline Board has rescinded its prior order regarding the conduct of hearings in the pandemic
In light of the decreased threat from the pandemic, and after consideration of local and federal public health guidelines to determine appropriate protocols for conducting proceedings, General Order ADB 2021-1 is rescinded, effective immediately. In light of the recent experience of the Board and its hearings panels, the courts, and other tribunals, the continued use of videoconferencing technology by the panels and the Board is encouraged and may be used, as appropriate, to secure the just, speedy, and economical determination of proceedings before the Board and its hearing panels. MCR 1.105; MCR 9.102(A). Accordingly, the extent to which a disciplinary proceeding will be conducted virtually or in-person is within the discretion of the Hearing Panel assigned to the proceeding or, with respect to review proceedings, the Board.
Pursuant to MCR 9.115(I)(3), MCR 2.407, and MCR 9.102(A), a hearing panel may, at the request of any participant, or sua sponte, allow the use of videoconferencing technology by any or all participants in a discipline proceeding before the panel. In determining in a particular case whether to permit the use of videoconferencing technology and the manner of proceeding with videoconferencing, the panel should consider the factors set forth in MCR 2.407(C)(1)-(13), and shall provide an opportunity for the participants to address the issue.
Consistent with MCR 8.110(C)(3)(i), hearing panels and the Attorney Discipline Board will continue to take reasonable measures to avoid exposing participants in disciplinary proceedings, Board employees, and the general public to COVID-19 where necessary or advisable. Hearing panels shall also consider the health concerns of anyone involved in the proceedings, including the parties, counsel, witnesses, court reporters, and hearing panel members, and whether safety measures would be necessary based upon the location of the hearing (using state and local guidelines), including but not limited to: masks, health screenings, social distancing, and/or proof of vaccinations.
(Mike frisch)