March 17, 2017
APPELLATE PRACTICE SECTION COUNCIL MEETING MINUTES March 17, 2017, 2:00 p.m. Hall of Justice 925 West Ottawa Street, Lansing, Michigan
Council Members Present:
Excused Council Member Absences:
Gaëtan Gerville-Réache (Chair) (In person) Joanne Geha Swanson (Chair-elect) (In person) Bridget Brown Powers (Secretary) (In person) Stephanie Simon Morita (Treasurer) (In person)
Bradley R. Hall Richard C. Kraus
Anne Argiroff (In person) Scott Bassett (By phone) Graham K. Crabtree (In person) Judith A. Curtis (In person) Phil DeRosier (In person) Conor B. Dugan (By phone) Christina A. Ginter (In person) Barbara H. Goldman (In person) Lauren M. London (In person) Mark Magyar (By phone) Jerry F. Posner (In person) Joseph Richotte (In person) Larry J. Saylor (In person) Ann Sherman (In person)
Unexcused Council Member Absences: None. Others in Attendance: Larry Royster (In person) Jerry Zimmer (In person)
Ex-Officio Present: Nancy Vayda Dembinski (In person) Liisa Speaker (In person) Beth A. Wittmann (By phone) I.
Welcome and Call to Order The meeting was called to order at 2:06 p.m.
II.
Approval of Minutes
Stephanie moved to approve the minutes of the February 17, 2017, meeting with the correction of the spelling of “Scott Beatty” to “Scott Bade” in the report of the Ad-Hoc Committee on E-briefing. Anne seconded. The motion was approved by acclamation.
III.
Treasurer’s Report Financials. Stephanie reported that everything is in order and on track.
IV.
Committee Reports A. Court Liaison/Rules Comment (Phil/Larry/Joanne): Larry reported that the Committee discussed proposed ADM 2015-24 regarding dispositive motions. The Committee recommended that the five-page limitation for the moving party’s reply brief not include the signature blocks or case captions. The captions and signature blocks should also not count for the 20-page brief limit. Discussion was had regarding reply brief length and filing time. We have until May 1 to comment, so the Council will revisit ADM 2015-24 at its April meeting. In the interim, Gaëtan will find out what position was taken by the Representative Assembly. B. Michigan Court Practice (Beth/Joanne/Larry): No report. C. Publications (Liz/Nancy/Bridget/Lauren L./Howard): Nancy reported that the Journal was submitted to the State Bar to assemble for the Publications Committee’s review. Nancy further reported that we will need to follow up with Mr. Brubaker regarding the advertising space and determine what, if any, charge we should make. Gaëtan reported that Mr. Brubaker’s timing might not work, but that he did expect to be charged. Nancy reported that the Journal will be ready in about two weeks. D. Technology (Barb): Barb reported that someone wanted to join the listserv who was not a Section member. Discussion was held regarding whether the Council should change its policy that allows only Appellate Practice Section members to be on the listserv. Discussion was also held regarding whether the Council should create a new position to recruit new Section members, respond to queries, etc. A consensus was reached that no changes were necessary. E. Federal Practice (Jill/Richard): No report. F. Legislative Action (Graham): Graham reported that the judge age-limitation bill was voted out of the Senate Judiciary Committee and is awaiting action on the Senate floor. G. Good Deeds (Joanne/Christina): No report. H. Economics of Appellate Practice (Brad/Judith/Liisa): No report.
2
I. Annual Meeting (Sept. 28-30, 2017, Cobo Center, Detroit) (Joanne): Joanne reported that the Annual Meeting will be Thursday, September 28, 2017, from 1:00 p.m. to 4:00 p.m. Joanne is still looking for panel members. J. Bench Bar (Phil): Phil reported that nothing new has occurred. The next meeting will be held on June 21, 2017, at 4:00 p.m., by teleconference. The Committee is still looking for more volunteers. K. Ad-Hoc Committee on E-briefing (Scott, et al.): Scott reported that he is looking into whether a mechanism to convert non-searchable pdfs into searchable pdfs is available. Apparently, the software used by the California courts has that functionality, but the Michigan courts have not requested it. Scott will follow up with Mr. Bade. Michigan Supreme Court Clerk Larry Royster explained that the Court has not had that feature activated because the Court can do that internally. V.
Special Agenda Item
Joanne moved and Anne seconded to buy a table at the Michigan Supreme Court Historical Society luncheon scheduled for April 20, 2017, at the Detroit Athletic Club for $800.00. Motion passed. VI.
New Business A. Appointment of New Council Member: Six people expressed interest in filling the vacant Council seat that resulted when Valerie Newman resigned. The Nominating Committee, composed of Gaëtan, Beth and Nancy, met this week. Nancy reported that the Committee recommends Chris Smith, who is from SADO. Jerry moved that we appoint Chris Smith to fill the vacancy. Larry seconded. The motion passed unanimously. B. Court Policy Discussion: Larry Royster, Clerk of the Michigan Supreme Court, and Jerry Zimmer, Clerk of the Michigan Court of Appeals, attended the meeting. A question-and-answer discussion was held regarding e-filing and casemanagement system functioning. C. Bond and Stay Rules and Forms Discussion: Discussion was had regarding the current rule that does not allow discretion for money judgments. It is believed that the courts should have discretion to allow no bond to be posted. The Court Liaison/Rules Committee will take a look at this issue and make a recommendation to the Council.
3
VII.
Unfinished Business ADM File No. 2015-24 – Reply Briefs in Dispositive Motions: Above discussed.
VIII. Next Meeting: The next meeting will be held on Friday, April 21, 2017, at 2:00 p.m., at Warner Norcross & Judd, 111 Lyon Street, N.W., Suite 900, Grand Rapids, Michigan. IX.
Adjournment:
Jerry moved to adjourn. Larry seconded. Motion approved by acclamation. The meeting was adjourned at 3:43 p.m.
Respectfully submitted, Bridget Brown Powers, Secretary
4
Council Members Present:
Excused Council Member Absences:
Gaëtan Gerville-Réache (Chair) (In person) Joanne Geha Swanson (Chair-elect) (In person) Bridget Brown Powers (Secretary) (In person) Stephanie Simon Morita (Treasurer) (In person)
Bradley R. Hall Richard C. Kraus
Anne Argiroff (In person) Scott Bassett (By phone) Graham K. Crabtree (In person) Judith A. Curtis (In person) Phil DeRosier (In person) Conor B. Dugan (By phone) Christina A. Ginter (In person) Barbara H. Goldman (In person) Lauren M. London (In person) Mark Magyar (By phone) Jerry F. Posner (In person) Joseph Richotte (In person) Larry J. Saylor (In person) Ann Sherman (In person)
Unexcused Council Member Absences: None. Others in Attendance: Larry Royster (In person) Jerry Zimmer (In person)
Ex-Officio Present: Nancy Vayda Dembinski (In person) Liisa Speaker (In person) Beth A. Wittmann (By phone) I.
Welcome and Call to Order The meeting was called to order at 2:06 p.m.
II.
Approval of Minutes
Stephanie moved to approve the minutes of the February 17, 2017, meeting with the correction of the spelling of “Scott Beatty” to “Scott Bade” in the report of the Ad-Hoc Committee on E-briefing. Anne seconded. The motion was approved by acclamation.
III.
Treasurer’s Report Financials. Stephanie reported that everything is in order and on track.
IV.
Committee Reports A. Court Liaison/Rules Comment (Phil/Larry/Joanne): Larry reported that the Committee discussed proposed ADM 2015-24 regarding dispositive motions. The Committee recommended that the five-page limitation for the moving party’s reply brief not include the signature blocks or case captions. The captions and signature blocks should also not count for the 20-page brief limit. Discussion was had regarding reply brief length and filing time. We have until May 1 to comment, so the Council will revisit ADM 2015-24 at its April meeting. In the interim, Gaëtan will find out what position was taken by the Representative Assembly. B. Michigan Court Practice (Beth/Joanne/Larry): No report. C. Publications (Liz/Nancy/Bridget/Lauren L./Howard): Nancy reported that the Journal was submitted to the State Bar to assemble for the Publications Committee’s review. Nancy further reported that we will need to follow up with Mr. Brubaker regarding the advertising space and determine what, if any, charge we should make. Gaëtan reported that Mr. Brubaker’s timing might not work, but that he did expect to be charged. Nancy reported that the Journal will be ready in about two weeks. D. Technology (Barb): Barb reported that someone wanted to join the listserv who was not a Section member. Discussion was held regarding whether the Council should change its policy that allows only Appellate Practice Section members to be on the listserv. Discussion was also held regarding whether the Council should create a new position to recruit new Section members, respond to queries, etc. A consensus was reached that no changes were necessary. E. Federal Practice (Jill/Richard): No report. F. Legislative Action (Graham): Graham reported that the judge age-limitation bill was voted out of the Senate Judiciary Committee and is awaiting action on the Senate floor. G. Good Deeds (Joanne/Christina): No report. H. Economics of Appellate Practice (Brad/Judith/Liisa): No report.
2
I. Annual Meeting (Sept. 28-30, 2017, Cobo Center, Detroit) (Joanne): Joanne reported that the Annual Meeting will be Thursday, September 28, 2017, from 1:00 p.m. to 4:00 p.m. Joanne is still looking for panel members. J. Bench Bar (Phil): Phil reported that nothing new has occurred. The next meeting will be held on June 21, 2017, at 4:00 p.m., by teleconference. The Committee is still looking for more volunteers. K. Ad-Hoc Committee on E-briefing (Scott, et al.): Scott reported that he is looking into whether a mechanism to convert non-searchable pdfs into searchable pdfs is available. Apparently, the software used by the California courts has that functionality, but the Michigan courts have not requested it. Scott will follow up with Mr. Bade. Michigan Supreme Court Clerk Larry Royster explained that the Court has not had that feature activated because the Court can do that internally. V.
Special Agenda Item
Joanne moved and Anne seconded to buy a table at the Michigan Supreme Court Historical Society luncheon scheduled for April 20, 2017, at the Detroit Athletic Club for $800.00. Motion passed. VI.
New Business A. Appointment of New Council Member: Six people expressed interest in filling the vacant Council seat that resulted when Valerie Newman resigned. The Nominating Committee, composed of Gaëtan, Beth and Nancy, met this week. Nancy reported that the Committee recommends Chris Smith, who is from SADO. Jerry moved that we appoint Chris Smith to fill the vacancy. Larry seconded. The motion passed unanimously. B. Court Policy Discussion: Larry Royster, Clerk of the Michigan Supreme Court, and Jerry Zimmer, Clerk of the Michigan Court of Appeals, attended the meeting. A question-and-answer discussion was held regarding e-filing and casemanagement system functioning. C. Bond and Stay Rules and Forms Discussion: Discussion was had regarding the current rule that does not allow discretion for money judgments. It is believed that the courts should have discretion to allow no bond to be posted. The Court Liaison/Rules Committee will take a look at this issue and make a recommendation to the Council.
3
VII.
Unfinished Business ADM File No. 2015-24 – Reply Briefs in Dispositive Motions: Above discussed.
VIII. Next Meeting: The next meeting will be held on Friday, April 21, 2017, at 2:00 p.m., at Warner Norcross & Judd, 111 Lyon Street, N.W., Suite 900, Grand Rapids, Michigan. IX.
Adjournment:
Jerry moved to adjourn. Larry seconded. Motion approved by acclamation. The meeting was adjourned at 3:43 p.m.
Respectfully submitted, Bridget Brown Powers, Secretary
4
