SBM Young Lawyers Section to Host 10th Annual Summit
The Summit will feature a special keynote address by new Michigan Supreme Court Chief Justice Stephen Markman, and two educational programming tracks. The Professional and Business Development Track will include the following educational seminars: “Beyond LinkedIn: How to Build a Powerful Professional Network on Social Media,” “Rainmaking: Much More than Simply Making Money,” “Cut the Fat: Use Lean to Improve Efficiency, Reduce Cost & Return Respect for People to Your Legal Practice,” “The Professional Professional: Cultivating an Image for an Entire Career and Beyond,” & “Becoming an Articulate Advocate: Strategies for Powerful Public Speaking in and out of Court.”
The Litigation Boot Camp Track will include the following educational seminars: “Write Like the Best: A Hands-on Editorial Session,” “Evidence Jeopardy: Enhancing Your on-the-Spot Evidence Knowledge in a Fun-Not-Painful-Way!,” “The Anatomy of the Ultimate Trial Notebook: from Case Screening to Verdict,” “Perfecting the Art of Voir Dire: Selecting the Best Jurors for Your Case,” and “Trial No Error: Tips on Trial Strategy.”
The Summit will also feature many networking opportunities, including a welcome reception at 7:00 p.m. on April 28, and morning exercise classes, breakfast, a keynote luncheon, and dinner on April 29.
Young Lawyer Section members who register for the Summit before April 14 will pay $45, and the cost rises to $60 after April 14. For more information about the Summit, visit connect.michbar.org/yls or contact Shenique Moss at sheniquemoss@gmail.com.
A block of rooms is being held at Crystal Mountain Resort until March 29. Reserve your hotel room at Crystal Mountain Resort online or by calling (855) 520-2974 and using the group code 4617RV.
SBM Seeks Applications for 2017 Pro Bono Circle of Excellence
The Voluntary Pro Bono Standard applies to legal services for low-income individuals and organizations, as well as financial support for eligible nonprofit organizations providing free civil legal aid for the poor. Contributions to the Access to Justice Fund count toward fulfilling the Standard.
The Standard calls for attorneys to annually take three pro bono cases, devote at least thirty hours of pro bono service, or contribute $300 to a legal aid provider organization. Firms that can afford to do so are asked to make annual financial contributions of $500 per attorney and are recognized at the “Leadership Level” of the Circle of Excellence. Individual lawyers who meet the Pro Bono Standard are celebrated locally through their Access to Justice programs, and through the State Bar of Michigan’s A Lawyer Helps website.
“Last year there were a record 56 firms and corporations in the Circle of Excellence in its newly redesigned format,” SBM President Larry Nolan said. “I want to extend congratulations to all firms who have met these impressive standards and joined the State Bar in our pro bono efforts. I also want to encourage even more firms to get involved and help us build momentum and make an even bigger difference for those in need.”
Fill out a Circle of Excellence application form. For more information, contact Robert Mathis at rmathis@mail.michbar.org.
Michigan Police Agencies Adopt Evidence-Based Eyewitness ID Rules
Nearly 300 police agencies that work to protect more than 80 percent of Michigan’s citizens have now adopted scientifically sound eyewitness identification guidelines recommended by a task force convened by the State Bar of Michigan in 2011.
"Misidentification played a key role in the wrongful conviction of each our clients, who were exonerated years later through DNA testing,” said Marla Mitchell-Cichon, director of the Cooley Innocence Project at Western Michigan University Cooley Law School. “With law enforcement agencies across the state adopting evidence-based identification practices, the reliability of identifications increases and the risk of wrongful convictions decreases. Kudos to the Michigan law enforcement agencies that have implemented reform in this area."
Eyewitness misidentification is the leading cause of wrongful convictions proven with DNA evidence in the United States, playing a role in 71 percent of such cases. In Michigan, 18 of the 66 wrongful convictions that have been overturned since 1989 involved erroneous eyewitness identification, according to the University of Michigan Law School National Registry of Exonerations database, which tracks both DNA and non-DNA exonerations.
In 2011, the State Bar of Michigan convened the Eyewitness Identification Task Force, chaired by Valerie Newman, an attorney with the State Appellate Defender Office, and Nancy Diehl, a retired Wayne County prosecutor. The task force contained judges, sheriffs, Michigan State Police officers, police chiefs, prosecutors, defense attorneys and Innocence Project attorneys.
For a year, the task force reviewed research and listened to experts, then it issued an eyewitness identification policy writing guide for law enforcement agencies that recommended the use of evidence-based procedures that have been endorsed by the National Academy of Sciences, the International Association of Chiefs of Police and the American Bar Association. This guide focused on four key reforms:
- Having officers who conduct lineups conduct them in such a way that they are unaware of the suspect’s identity or they are prevented from seeing which suspect is being viewed by an eyewitness at any given time
- Instructing the eyewitness that the perpetrator may or may not be present during the lineup procedure
- Selecting fillers (non-suspect members of a lineup) that generally match the eyewitness’ description of the perpetrator
- Asking the eyewitness to state his or her level of confidence immediately after identification is made
"These best practices will help prevent wrongful convictions in the state of Michigan,” Nancy Diehl said. “I'm proud that our task force brought together a range of criminal justice stakeholders – judges, prosecutors, defense attorneys, law enforcement and the innocence community – to help our state adopt scientifically-based procedures that will reduce the risk of eyewitness misidentification."
"As a criminal defense attorney I have represented innocent people imprisoned based on a mistaken eyewitness identification,” Valerie Newman said. “The adoption of scientifically based eyewitness identification best practices is a very proud moment for Michigan's criminal justice system. These reforms are a major accomplishment achieved after thoughtful research and investigation into improving one aspect of our system. I look forward to continued progress on additional reforms to our criminal justice system."
The Michigan Commission on Law Enforcement Standards (MCOLES), Michigan Police Chiefs Association and Michigan Sheriffs Association worked to train officers in best practices and to help agencies that adopt the policy recommended by the SBM Eyewitness Identification Task Force. Follow-up surveys showed that nearly 300 agencies covering more than 80 percent of the state’s population had adopted evidence-based written policies, including the Detroit Police Department and Michigan State Police.
Michigan is now one of 19 states nationally that has achieved statewide implementation of eyewitness identification best practices, either through statute, court action or substantial voluntary adoption by law enforcement.
“In all of my years as a police officer I never knew of any officer who intentionally tried to convict the wrong person,” said David Harvey, executive director of (MCOLES). “Mistakes unfortunately occur as the profession is based on people and people make errors. Law enforcement in Michigan readily adopted the new policy to ensure that the right person is brought to justice and I am very proud of our agencies and officers for that.”
“The Prosecuting Attorneys Association of Michigan is most pleased that the procedures utilized in eyewitness identification in criminal investigations has been successfully addressed through the refinement and utilization of scientifically supported best practices,” said Mark Reene, president of the Prosecuting Attorney Association of Michigan. “The objective, as always, is that the most accurate information possible be obtained at all times to ensure justice for both victims and suspects. All interests have been furthered through this extraordinary collaborative effort.”
“The Michigan Association of Chiefs of Police was proud to have participated in developing and implementing this Model Eyewitness Identification Policy,” said Bob Stevenson, executive director of Michigan Association of Chiefs of Police. “We are confident that this policy will reduce the likelihood of an innocent person being accused of a crime. The cooperation of all the various participants within the criminal justice field to achieve this goal could be a role model for other states to emulate.”
SBM Lawyers and Judges Assistance Program to Host 'Digital Age's Health Crisis' Program
Kenneth M. Adams, Ph.D., CSAT-S will present the $99 training, which will allow those in attendance to earn three CAC-related credits. Any provider on the SBM preferred provider list or anyone interested in being added to the list is welcome to attend, but must register by March 10. There are only 20 spots available for the training on a first-come-first-serve basis and no on-site registrations will be allowed.
Read more information or register for the program.
SBM Members: You Get a Discount to ABA TECHSHOW
For more than 30 years, ABA TECHSHOW has taught lawyers how to make technology work for them. If you attend, you'll network with legal technology experts from around the globe, learn to practice more competently and gain an understanding of how to more effectively provide service to your clients.
Learn more or sign up for ABA TECHSHOW.
MSU Law School Offers Free Social Media Workshop for Lawyers
The workshop is free and will take place from 9 a.m. to 3 p.m. on Feb. 4. Sign up today.
Michigan Supreme Court Chooses Markman as Next Chief Justice
Markman was appointed to the Supreme Court by Governor John Engler in 1999, then was elected to his seat in 2000 and reelected in 2004 and 2012. Prior to serving on the state's highest court, Markman served as U.S. Attorney in Detroit, as an assistant U.S. Attorney General and a judge on the Michigan Court of Appeals. He also practiced law with Miller, Canfield, Paddock & Stone in Detroit.
Markman's term as chief justice will follow that of Chief Justice Robert Young Jr., who has served as chief justice since 2011.
Representative Assembly Accepting Nominations for Annual Awards
Nominees for both awards must be State Bar members in good standing and their contributions may have been made either during the past year or by virtue of cumulative effort or service. Materials submitted should include sufficient details about the nominee's accomplishments. The Assembly's Nominating and Awards Committee will review the applications and make awards recommendations to the Representative Assembly. The Representative Assembly, chaired by Fred Herrmann, is the final policy-making body of the State Bar.
The nomination deadline is Friday, March 10, 2017. Apply online. For more information about the Representative Assembly Awards contact Carrie Sharlow at repassembly@mail.michbar.org or 517-346-6317.
Michigan State Bar Foundation Names Jennifer S. Bentley Next Executive Director
"Jennifer will help the Foundation meet new challenges ahead and sustain its leadership role in access to justice in Michigan," said Margaret Nichols, chairperson of the MSBF Executive Director Search Committee.
Bentley joins the MSBF after serving for 20 years as a staff attorney and manager in several legal aid programs, most recently as Chief Development Officer for statewide nonprofit Michigan Advocacy Program, the umbrella organization for Legal Services of South Central Michigan, Farmworker Legal Services and several statewide advocacy programs including the Michigan Poverty Law Program, the Michigan Immigrant Rights Center, Michigan Elder Justice Initiative and Michigan Law Help. Her work has included a wide range of administrative duties, program development, policy planning and service delivery innovations. She earned her JD from Indiana University School of Law, her Certificate in fundraising management from Indiana University Center on Philanthropy and her BA from Aquinas College.
Bentley will start her new role Jan. 30, and will replace Linda Rexer, who will retire Jan. 6 from the MSBF eafter serving for 30 years as its executive director. The MSBF provides leadership and funding to advance access to justice for the poor and improve the administration of justice in Michigan. For more information about the MSBF, visit www.msbf.org.
Nominations Open for Major State Bar Awards
The Roberts P. Hudson Award goes to a person whose career has exemplified the highest ideals of the profession. This award is presented periodically to commend one or more lawyers for their unselfish rendering of outstanding and unique service to and on behalf of the State Bar, given generously, ungrudgingly, and in a spirit of self-sacrifice. It is awarded to that member of the State Bar of Michigan who best exemplifies that which brings honor, esteem and respect to the legal profession. The Hudson Award is the highest award conferred by the Bar.
The Frank J. Kelley Distinguished Public Service Award recognizes extraordinary governmental service by a Michigan attorney holding elected or appointed office. Created by the Board of Commissioners in 1998, it was first awarded to Frank J. Kelley for his record-setting tenure as Michigan’s chief lawyer.
The Champion of Justice Award is given for extraordinary individual accomplishments or for devotion to a cause. No more than five awards are given each year to practicing lawyers and judges who have made a significant contribution to their community, state, and/or the nation.
The Kimberly M. Cahill Bar Leadership Award was established in memory of the 2006-07 SBM president, who died in January of 2008. This award will be presented to a recognized local or affinity bar association, program or leader for excellence in promoting the ideal of professionalism or equal justice for all, or in responding to a compelling legal need within the community during the past year or on an ongoing basis.
The John W. Cummiskey Pro Bono Award, named after a Grand Rapids attorney who was dedicated to making legal services available to all, recognizes a member of the State Bar who excels in commitment to pro bono issues. This award carries with it a cash stipend to be donated to the charity of the recipient’s choice.
The John W. Reed Michigan Lawyer Legacy Award was introduced in 2011 and is named for a longtime and beloved University of Michigan Law School professor and Wayne State University dean. This award will be presented periodically to a professor from a Michigan law school whose influence on Michigan lawyers has elevated the quality of legal practice in the state.
All SBM award nominations are due by 5 p.m. Friday, Feb. 17, 2017.
The Liberty Bell Award recipient is selected from nominations made by local and special-purpose bar associations. The award is presented to a non-lawyer who has made a significant contribution to the justice system. The deadline for this award is Monday, May 12, 2017.
An awards committee co-chaired by Lori A. Buiteweg and SBM Vice President Jennifer M. Grieco reviews nominations for the Roberts P. Hudson, John W. Reed, Champion of Justice, Frank J. Kelley, Kimberly M. Cahill, and Liberty Bell awards. The SBM Pro Bono Initiative Committee reviews nominations for the John W. Cummiskey Pro Bono Award. These recommendations are then voted on by the full Board of Commissioners at its April meeting.
Last year's non-winning nominations will automatically carry over for consideration this year. Nominations should include sufficient details about the accomplishments of the nominee to allow the committees to make a judgment.
Any SBM member can nominate candidates for awards. Apply online or download application forms. Cummiskey Award nominations can be directed to Robert Mathis at rmathis@mail.michbar.org; all other nominations can be submitted to Joyce Nordeen atjnordeen@mail.michbar.org