MCR Professional Disciplinary Proceedings

Subchapter 9.100 Attorney Grievance Commission; Attorney 
Discipline Board
Rule 9.101 Definitions
As used in subchapter 9.100:
(1) "board" means the Attorney Discipline Board; 
(2) "commission" means the Attorney Grievance Commission;
(3) "administrator" means the grievance administrator;
(4) "investigator" means a person specially designated by the administrator to 
assist him or her in the investigation of alleged misconduct or requested 
reinstatement;
(5) "attorney" or “lawyer” means a person regularly licensed, specially 
admitted, permitted to practice law in Michigan on a temporary basis, or who is 
otherwise subject to the disciplinary authority of Michigan pursuant to order or
rule of the Supreme Court;
(6) "respondent" means an attorney named in a request for investigation or 
complaint, or proceedings for reciprocal discipline, based on a judgment of 
conviction, or transfers to inactive status under MCR 9.121;
(7) "request for investigation" means the first step in bringing alleged 
misconduct to the administrator's attention;
(8) "complaint" means the formal charge prepared by the administrator and 
filed with the board;
(9) "review" means examination by the board of a hearing panel's order on 
petition by the administrator, complainant, or respondent;
(10) "appeal" means judicial re-examination by the Supreme Court of the 
board's final order on petition by the administrator, complainant, or 
respondent;
(11) "grievance" means alleged misconduct;
(12) "investigation" means fact finding on alleged misconduct under the 
administrator's direction.
(13) "disbarment" means revocation of the license to practice law. 
(14) “complainant” means a person who signs a request for investigation.
(15) “disability inactive status” means inactive status to which a lawyer has 
been transferred pursuant to MCR 9.121 or a similar rule of another jurisdiction.
(16)”disciplinary proceeding” means a proceeding commenced under this 
subchapter seeking the imposition of discipline for misconduct.

Rule 9.102 Construction; Severability
(A) Construction. Subchapter 9.100 is to be liberally construed for the protection of 
the public, the courts, and the legal profession and applies to all pending matters of 
misconduct and reinstatement and to all future proceedings, even though the 
alleged misconduct occurred before the effective date of subchapter 9.100. 
Procedures must be as expeditious as possible. 
(B) Severability. If a court finds a portion of subchapter 9.100 or its application to a 
person or circumstances invalid, the invalidity does not affect the remaining 
portions or other applications. To this end the rules are severable.

Rule 9.103 Standards of Conduct for Attorneys
(A) General Principles. The license to practice law in Michigan is, among other 
things, a continuing proclamation by the Supreme Court that the holder is fit to be 
entrusted with professional and judicial matters and to aid in the administration of 
justice as an attorney and counselor and as an officer of the court. It is the duty of 
every attorney to conduct himself or herself at all times in conformity with 
standards imposed on members of the bar as a condition of the privilege to practice 
law. These standards include, but are not limited to, the rules of professional 
responsibility and the rules of judicial conduct that are adopted by the Supreme 
Court.
(B) Duty to Assist Public to Request Investigation. An attorney shall assist a 
member of the public to communicate to the administrator, in appropriate form, a 
request for investigation of a member of the bar.  An attorney shall not charge or 
collect a fee in connection with answering a request for investigation unless he or 
she is acting as counsel for a respondent in connection with a disciplinary 
investigation or proceeding.
(C) Duty to Assist Administrator. An attorney other than a respondent or 
respondent’s attorney shall cooperated with the administrator in the investigation, 
prosecution, and disposition of a request for investigation or proceeding under this 
subchapter.

Rule 9.104 Grounds for Discipline in General; Adjudication Elsewhere
The following acts or omissions by an attorney, individually or in concert with 
another person, are misconduct and grounds for discipline, whether or not 
occurring in the course of an attorney-client relationship:
(1) conduct prejudicial to the proper administration of justice;
(2) conduct that exposes the legal profession or the courts to obloquy, 
contempt, censure, or reproach;
(3) conduct that is contrary to justice, ethics, honesty, or good morals;
(4) conduct that violates the standards or rules of professional conduct adopted 
by the Supreme Court;
(5) conduct that violates a criminal law of a state or of the United States, an 
ordinance, or tribal law pursuant to MCR 2.615;
(6) knowing misrepresentation of any facts or circumstances surrounding a 
request for investigation or complaint;
(7) failure to answer a request for investigation or complaint in conformity with 
MCR 9.113 and 9.115(D);
(8) contempt of the board or a hearing panel; or
(9) violation of an order of discipline.
(10) entering into and agreement or attempting to obtain an agreement, that:
(a) the professional misconduct or the terms of a settlement of a claim for 
professional misconduct shall not be reported to the administrator;
(b) the plaintiff shall withdraw a request for investigation or shall not 
cooperate with the investigation or prosecution of misconduct by the 
administrator; or
(c) the record of any civil action for professional misconduct shall be sealed 
from review by the administrator.

Rule 9.105 Purpose and Funding of Disciplinary Proceedings
(A) Purpose.  Discipline for misconduct is not intended as punishment for 
wrongdoing, but for the protection of the public, the courts, and the legal 
profession. The fact that certain misconduct has remained unchallenged when done 
by others or when done at other times or has not been earlier made the subject of 
disciplinary proceedings is not an excuse. 
(B) Funding.  The legal profession, through the State Bar of Michigan, is responsible 
for the reasonable and necessary expenses of the board, the commission, and the 
administrator, as determined by the Supreme Court. 

Rule 9.106 Types of Discipline; Minimum Discipline
Misconduct is grounds for:
(1) disbarment of an attorney from the practice of law in Michigan;
(2) suspension of the license to practice law in Michigan for a specified term, 
not less than 30 days, with such additional conditions relevant to the 
established misconduct as a hearing panel, the board, or the Supreme Court 
may impose, and, if the term exceeds 179 days, until the further order of a 
hearing panel, the board, or the Supreme Court;
(3) reprimand with such conditions relevant to the established misconduct as a 
hearing panel, the board, or the Supreme Court may impose;
(4) probation ordered by a hearing panel, the board, or the Supreme Court 
under MCR 9.121(C); or
(5) requiring restitution, in an amount set by a hearing panel, the board, or the 
Supreme Court, as a condition of an order of discipline.

Rule 9.107 Rules Exclusive on Discipline
(A) Proceedings for Discipline. Subchapter 9.100 governs the procedure to 
discipline attorneys. A proceeding under subchapter 9.100 is subject to the 
superintending control of the Supreme Court. An investigation or proceeding may 
not be held invalid because of a nonprejudicial irregularity or an error not resulting 
in a miscarriage of justice.
(B) Local Bar Associations. A local bar association may not conduct a separate 
proceeding to discipline an attorney.

Rule 9.108 Attorney Grievance Commission
(A) Authority of Commission. The Attorney Grievance Commission is the 
prosecution arm of the Supreme Court for discharge of its constitutional 
responsibility to supervise and discipline Michigan attorneys and those temporarily 
admitted to practice under MCR 8.126 or otherwise subject to the disciplinary 
authority of the Supreme Court.
(B) Composition. The commission consists of 3 laypersons and 6 attorneys 
appointed by the Supreme Court. The members serve 3-year terms. A member 
may not serve more than 2 full terms. 
(C) Chairperson and Vice-Chairperson. The Supreme Court shall designate from 
among the members of the commission a chairperson and a vice-chairperson who 
shall serve 1-year terms in those offices. The commencement and termination 
dates for the 1-year terms shall coincide appropriately with the 3-year membership 
terms of those officers and the other commission members. The Supreme Court 
may reappoint these officers for additional terms and may remove these officers 
prior to the expiration of a term. An officer appointed to fill a mid-term vacancy 
shall serve the remainder of that term and may be reappointed to serve up to 2 
more full terms.
(D) Internal Rules.
(1) The commission must elect annually from among its membership a 
secretary to keep the minutes of the commission's meetings and issue the 
required notices. 
(2) Five members constitute a quorum. The commission acts by majority vote 
of the members participating in the meeting.
(3) The commission must meet monthly at a time and place the chairperson 
designates. Notice of a regular monthly meeting is not required.
(4) A special meeting may be called by the chairperson or by petition of 3 
commission members on 7 days' written notice. The notice may be waived in
writing or by attending the meeting.  Special meetings may be conducted 
through electronic means.
(E) Powers and Duties. The commission has the power and duty to:
(1) recommend attorneys to the Supreme Court for appointment as 
administrator and deputy administrator;
(2) supervise the investigation of attorney misconduct, including requests for 
investigation of and complaints against attorneys;
(3) supervise the administrator;
(4) seek an injunction from the Supreme Court against an attorney's 
misconduct when prompt action is required, even if a disciplinary proceeding 
concerning that conduct is not pending before the board;
(5) annually propose a budget for the commission and the administrator's 
office, including compensation, and submit it to the Supreme Court for 
approval;
(6) submit to the Supreme Court proposed changes in these rules; 
(7) compile and maintain a list of out-of-state attorneys who have been 
admitted to practice temporarily and the dates those attorneys were admitted, 
and otherwise comply with the requirements of MCR 8.126, and 
(8) perform other duties provided in these rules.

Rule 9.109 Grievance Administrator
(A) Appointment. The administrator and the deputy administrator must be 
attorneys. The commission may recommend one or more candidates for 
appointment as administrator and deputy administrator. The Supreme Court shall 
appoint the administrator and the deputy administrator, may terminate their 
appointments at any time with or without cause, and shall determine their salaries 
and the other terms and conditions of their employment.
(B) Powers and Duties. The administrator has the power and duty to:
(1) employ or retain attorneys, investigators, and staff with the approval of the 
commission;
(2) supervise the attorneys, investigators, and staff;
(3) assist the public in preparing requests for investigation;
(4) maintain the commission records created as a result of these rules;
(5) investigate alleged misconduct of attorneys, including initiating an
investigation in his or her own name if necessary;
(6) prosecute complaints the commission authorizes;
(7) prosecute or defend reviews and appeals as the commission authorizes; and
(8) report to the Supreme Court at least quarterly regarding the commission’s 
activities, and to submit a joint annual report with the board that summarizes 
the activities of both agencies during the past year; and
(9) perform other duties provided in these rules or assigned by the commission.
(C) Legal Counsel for the Administrator.
(1) The administrator may appoint and retain volunteer legal counsel needed to 
prosecute proceedings under these rules.
(2) Legal counsel may
(a) commence proceedings under this subchapter;
(b) present evidence relating to disciplinary and court proceedings;
(c) prepare and file arguments and briefs;
(d) inform the administrator about the progress of cases assigned; and 
(e) perform other duties assigned by the administrator.

Rule 9.110 Attorney Discipline Board
(A) Authority of Board. The Attorney Discipline Board is the adjudicative arm of the 
Supreme Court for discharge of its exclusive constitutional responsibility to 
supervise and discipline Michigan attorneys and those temporarily admitted to 
practice under MCR 8.126 or otherwise subject to the disciplinary authority of the 
Supreme Court.
(B) Composition. The board consists of 6 attorneys and 3 laypersons appointed by 
the Supreme Court. The members serve 3-year terms. A member may not serve 
more than 2 full terms. 
(C) Chairperson and Vice-Chairperson. The Supreme Court shall designate from 
among the members of the board a chairperson and a vice-chairperson who shall 
serve 1-year terms in those offices. The commencement and termination dates of 
the 1-year terms shall coincide appropriately with the 3-year board terms of those 
officers and the other board members. The Supreme Court may reappoint these 
officers for additional terms and may remove an officer prior to the expiration of a 
term. An officer appointed to fill a midterm vacancy shall serve the remainder of 
that term and may be reappointed to serve two full terms. 
(D) Internal Rules.
(1) The board must elect annually from among its membership a secretary to 
supervise the keeping of the minutes of the board's meetings and the issuance 
of the required notices.
(2) Five members constitute a quorum. The board acts by a majority vote of 
the members present.
(3) The board shall meet monthly as often as necessary to maintain a current 
docket, but no less than every 2 months, at a time and place the chairperson 
designates. 
(4) A special meeting may be called by the chairperson or by petition of 3 board 
members on 7 days' written notice. The notice may be waived in writing or by 
attending the meeting.
(E) Powers and Duties. The board has the power and duty to:
(1) appoint an attorney to serve as its general counsel and executive director;
(2) appoint hearing panels, masters, monitors and mentors;
(3) assign proceedings under this subchapter to a hearing panel or to a master, 
except that a proceeding for reinstatement under MCR9.124 may not be 
assigned to a master; 
(4) on request of the respondent, the administrator, or the complainant, review 
a final order of discipline or dismissal by a hearing panel;
(5) on leave granted by the board, review a nonfinal order of a hearing panel;
(6) discipline and reinstate attorneys under these rules and exercise continuing 
jurisdiction over orders of discipline and reinstatement; 
(7) file with the Supreme Court clerk its orders of suspension, disbarment, and 
reinstatement;
(8) annually propoes a budget for the board and submit it to the Supreme Court 
for approval;
(9) report to the Supreme Court at least quarterly regarding its activities, and 
to submit a joint annual report with the Attorney Grievance Commission that 
summarizes the activities of both agencies during the past year; and
(10) submit to the Supreme Court proposed changes in these rules. 

Rule 9.111 Hearing Panels
(A) Composition; Quorum. The board must establish hearing panels from a list of 
volunteer lawyers maintained by its executive director.  The board must annually 
appoint 3 attorneys to each hearing panel and must fill a vacancy as it occurs. 
Following appointment, the board may designate the panel's chairperson, vicechairperson and secretary. Thereafter, a hearing panel may elect a chairperson, 
vice-chairperson and secretary. A hearing panel must convene at the time and 
place designated by its chairperson or by the board. Two members constitute a 
quorum. A hearing panel acts by a majority vote. If a panel is unable to reach a 
majority decision, the matter shall be referred to the board for reassignment to a 
new panel.
(B) Hearing Panelists or Masters; Discipline.
(1) An attorney shall not be appointed as a hearing panelist or master if he or 
she:
(a) has ever been the subject of an order that imposes discipline, or
(b) has been admonished or placed on contractual probation within the 
preceding 5 years.
(2) A hearing panelist or master who becomes the subject of an order imposing 
discipline, an admonition, or placement on contractual probation shall be removed 
from the roster of hearing panelists.  A hearing panelist or master who becomes the 
subject of a formal discipline proceeding shall be removed from consideration of
any pending matter; shall be placed on the ADB’s roster of inactive panelists; and 
shall not be assigned to a panel until the formal discipline proceeding has been 
resolved.   A hearing panelist or master who becomes the subject of an otherwise 
confidential request for investigation must disclose that investigation to the parties 
in the matter before the panelist or master, or must disqualify himself or herself 
from participation in the matter.
(B) Powers and Duties. A hearing panel shall do the following:
(1) Schedule a public hearing on a proceeding under this subchapter assigned 
to it within 56 days after the proceeding is commenced or after the date that 
notice of the reinstatement is published, except that a proceeding for reciprocal 
discipline shall be governed by MCR 9.120.  A hearing must be concluded within 
91 days after it is begun, unless the board grants an extension for good cause.
(2) Receive evidence and make written findings of fact. 
(3) Discipline and reinstate attorneys or dismiss a complaint by order, under 
these rules and exercise continuing jurisdiction over its orders of discipline and 
reinstatement.
(4) Report its actions to the board within 35 days of the later of the filing of the 
transcript or the closing of the record, unless extended by the board 
chairperson.
(5) Perform other duties provided in these rules. 

Rule 9.112 Requests for Investigation
(A) Availability to Public. The administrator shall furnish a form for a request for 
investigation to a person who alleges misconduct against an attorney.  Use of the 
form is not required for filing a request for investigation.
(B) Form of Request. A request for investigation of alleged misconduct must
(1) be in writing;
(2) describe the alleged misconduct, including the approximate time and place 
of it;
(3) be signed by the complainant; and
(4) be filed with the administrator.
(C) Handling by Administrator.
(1) Request for Investigation of Attorney. After a preliminary review, the 
administrator shall either
(a) notify the complainant and the respondent that the allegations of the 
request for investigation are inadequate, incomplete, or insufficient to 
warrant the further attention of the commission; or
(b) serve a copy of the request for investigation on the respondent by 
ordinary mail at the respondent's address on file with the State Bar as 
required by Rule 2 of the Supreme Court Rules Concerning the State Bar of 
Michigan. Service is effective at the time of mailing, and nondelivery does 
not affect the validity of service. If a respondent has not filed an answer, no 
formal complaint shall be filed with the board unless the administrator has 
served the request for investigation by registered or certified mail return 
receipt requested.
(2) Request for Investigation of Judge. The administrator shall forward to the 
Judicial Tenure Commission a request for investigation of a judge, even if the 
request arises from the judge's conduct before he or she became a judge or 
from conduct unconnected with his or her judicial office. MCR 9.116 thereafter 
governs.
(3) Request for Investigation of Member or Employee of Commission or Board. 
Except as modified by MCR 9.131, MCR 9.104-9.130 apply to a request for 
investigation of an attorney who is a member of or is employed by the board or 
the commission.
(D) Subpoenas.
(1) After the request for investigation has been served on the respondent, the 
commission may issue subpoenas to require the appearance of a witness or the 
production of documents or other tangible things concerning matters then 
under investigation. Upon request filed with the board, the board chairperson 
may quash or modify the subpoena if compliance would be unreasonable or 
oppressive. Documents or other tangible things so produced may be retained by 
the grievance administrator, copied, or may be subjected to nondestructive 
testing. Subpoenas shall be returnable before the administrator or a person 
designated by the administrator.
(2) A person who without just cause, after being commanded by a subpoena, 
fails or refuses to appear or give evidence, to be sworn or affirmed, or to 
answer a proper question after being ordered to do so is in contempt. The 
administrator may initiate a contempt proceeding before the board chairperson 
or his or her designee, or under MCR 3.606 in the circuit court for the county 
where the act or refusal to act occurred. In the event of a finding of contempt 
by the respondent, the respondent’s license to practice law may be suspended 
until he or she complies with the order of the board chairperson or his or her 
designee.
(3) A subpoena issued pursuant to this subrule and certified by the commission 
chairperson shall be sufficient authorization for taking a deposition or seeking 
the production of evidence outside the State of Michigan. If the deponent or the 
person possessing the subpoenaed evidence will not comply voluntarily, the 
proponent of the subpoena may utilize MCR 2.305(D) or any similar provision in 
a statute or court rule of Michigan or of the state, territory, or country where 
the deponent or possessor resides or is present.
(4) Upon receipt of a subpoena certified to be duly issued under the rules or 
laws of another lawyer disciplinary or admissions jurisdiction, the administrator 
may issue a subpoena directing a person domiciled or found within the state of 
Michigan to give testimony and/or produce documents or other things for use in 
the other lawyer disciplinary proceedings as directed in the subpoena of the 
other jurisdiction.  The practice and procedure applicable to subpoenas issued 
under this subdivision shall be that of the other jurisdiction, except that:
(a) the testimony or production shall be only in the county where the 
person resides or is employed, or as otherwise fixed by the grievance 
administrator for good cause shown; and,
(b) compliance with any subpoena issued pursuant to this subdivision and
contempt for failure in this respect shall be sought as elsewhere provided in 
this subchapter.

Rule 9.113 Answer by Respondent
(A) Answer. Within 21 days after being served with a request for investigation 
under MCR 9.112(C)(1)(b) or such further time as permitted by the administrator, 
the respondent shall file with the administrator a written answer signed by 
respondent in duplicate fully and fairly disclosing all the facts and circumstances 
pertaining to the alleged misconduct. Misrepresentation in the answer is grounds 
for discipline. Respondent’s signature constitutes verification that he or she has 
read the document. The administrator shall provide a copy of the answer and any 
supporting documents, or document related to a refusal to answer under MCR 
9.113(B)(1),  to the person who filed the request for investigation unless the 
administrator determines that there is cause for not disclosing some or all of the 
documents.
(B) Refusal or Failure to Answer.
(1) A respondent may refuse to answer a request for investigation on expressed 
constitutional or professional grounds.
(2) The failure of a respondent to answer within the time period required under 
these rules other than as permitted in subrule (B)(1), or as further permitted by 
the administrator is misconduct. See MCR 9.104(A)(7).
(3) If a respondent refuses to answer under subrule (B)(1), the refusal may be 
submitted under seal to a hearing panel for adjudication. If a panel finds that 
the refusal was not proper, it shall direct the attorney to answer the request for 
investigation within 21 days after its order.
(C) Attorney-Client Privilege. A person who files a request for investigation of an 
attorney irrevocably waives any attorney-client privilege that he or she may have 
as to matters relating to the request for the purposes of the commission's 
investigation.
(D) Representation by Attorney.  The respondent may be represented by an 
attorney.

Rule 9.114 Action by Administrator or Commission After Answer
(A) Action After Investigation. After an answer is filed or the time for filing an 
answer has expired, the administrator may 
(1) dismiss the request for investigation and notify the complainant and the 
respondent of the reasons for the dismissal,
(2) conduct further investigation.  Upon completion of the investigation, the 
grievance administrator shall refer the matter to the commission for its review. 
The commission may direct that a complaint be filed, that the file be closed, 
that the respondent be admonished or placed on contractual probation with the
respondent's consent, or
(3) close a file administratively where warranted under the circumstances.
(B) Admonition. With a respondent's consent, a respondent may be admonished 
by the commission without filing a complaint. An admonition does not constitute
discipline and shall be confidential except as provided by this rule, MCR 9.115(J)(3) 
and by MCR 9.126(D)(4).
(1) The administrator shall notify the respondent of the provisions of this rule 
by ordinary mail at the respondent’s address on file with the state bar as 
required by Rule 2 of the Supreme Court Rules Concerning the State Bar of 
Michigan, or as otherwise directed by respondent.
(2) The respondent may, within 21 days of service of the admonition or such 
additional time as permitted by the administrator, notify the commission in 
writing that respondent objects to the admonition. Upon timely receipt of the 
written objection, the commission shall vacate the admonition and either 
dismiss the request for investigation or authorize the filing of a complaint.  
Failure of a respondent to object constitutes an acceptance.
(C) Contractual Probation. For purposes of this subrule, "contractual probation" 
means the placement of a consenting respondent on probation by the commission, 
without the filing of formal charges. Contractual probation does not constitute 
discipline, and shall be confidential under MCR 9.126 except as provided by MCR 
9.115(J)(3).
(1) If the commission finds that the alleged misconduct, if proven, would not 
result in disbarment or a substantial suspension of a respondent's license to 
practice law, the commission may defer disposition of the matter and place the 
respondent on contractual probation for a period not to exceed three years, 
provided the following criteria are met:
(a) the misconduct is significantly related to respondent’s substance abuse 
problem, or mental or physical infirmity or disability,
(b) the terms and conditions of the contractual probation, which shall 
include an appropriate period of treatment, are agreed upon by the 
commission and the respondent, and
(c) the commission determines that contractual probation is appropriate and 
in the best interests of the public, the courts, the legal profession, and the 
respondent.
(2) A contractual probation may include one or more of these requirements:
(a) Periodic alcohol or drug testing.
(b) Attendance at support-group or comparable meetings.
(c) Professional counseling on a regular basis.
(d) An initial written diagnosis and prognosis by the provider followed 
by quarterly verification of treatment by the provider as agreed upon by 
the commission and the respondent.  The provider shall notify the 
commission of any failure to adhere to the treatment plan.
(3) The respondent is responsible for any costs associated with the contractual 
probation and related treatment.
(4) Upon written notice to the respondent and an opportunity to file written 
objections, the commission may terminate the contractual probation and file 
disciplinary proceedings or take other appropriate action based on the
misconduct, if
(a) the respondent fails to satisfactorily complete the terms and conditions 
of the contractual probation, or
(b) the commission concludes that the respondent has committed other 
misconduct that warrants the filing of a formal complaint.
(5) The placing of a respondent on contractual probation shall constitute a final 
disposition that entitles the complainant to notice in accordance with MCR 
9.114(D), and to file an action in accordance with MCR 9.122(A)(2).
(D) Assistance of Law Enforcement Agencies. The administrator may request a law 
enforcement office to assist in an investigation by furnishing all available 
information about the respondent. Law enforcement officers are requested to 
comply promptly with each request.
(E) Assistance of Courts.  If the grievance administrator determines that a 
nonpublic court file exists, including files on expunged convictions, and that it is 
relevant to a pending investigation concerning a respondent attorney, the 
administrator may request that a court release to the Attorney Grievance 
Commission the nonpublic court file. Courts are requested to comply promptly with 
each request.
(F) Report by Administrator. The administrator shall inform the complainant and, if 
the respondent answered, the respondent, of the final disposition of every request 
for investigation.
(G) Retention of Records. All files and records relating to allegations of misconduct 
by an attorney must be retained by the commission for the lifetime of the attorney, 
except as follows:
(1) Where 3 years have passed from the conclusion of formal disciplinary action 
or the issuance of an admonishment, nonessential documents may be 
discarded.
(2) The administrator may destroy the files or records relating to a closed or 
dismissed request for investigation after 3 years have elapsed from the date of 
dismissal or closing.
(3) If no request for investigation was pending when the files or records were 
created or acquired, and no related request for investigation was filed 
subsequently, the administrator may destroy the files or records after 1 year 
has elapsed from the date when they were created or acquired by the 
commission.

Rule 9.115 Hearing Panel Procedure
(A) Rules Applicable. Except as otherwise provided in these rules, the rules 
governing practice and procedure in a nonjury civil action apply to a proceeding 
before a hearing panel. Pleadings must conform as nearly as practicable to the 
requirements of subchapter 2.100. The original of the formal complaint and all 
other pleadings must be filed with the board. The formal complaint must be served 
on the respondent. All other pleadings must be served on the opposing party and 
each member of the hearing panel. Proof of service of the formal complaint may be 
filed at any time prior to the date of the hearing. Proof of service of all other 
pleadings must be filed with the original pleadings. 
(B) Complaint. Except as provided by MCR 9.120, a complaint setting forth the facts 
of the alleged misconduct begins proceedings before a hearing panel. The 
administrator shall prepare the complaint, file it with the board, and serve it on the 
respondent and the respondent’s employer. The unwillingness of a complainant to 
proceed, or a settlement between the complainant and the respondent, does not 
itself affect the right of the administrator to proceed.
(C) Service. Service of the complaint and a default must be made by personal 
service or by registered or certified mail addressed to the person at the person's 
last known address. An attorney's last known address is the address on file with the 
state bar as required by Rule 2 of the Supreme Court Rules Concerning the State 
Bar of Michigan. A respondent's attorney of record must also be served, but service 
may be made under MCR 2.107. Service is effective at the time of mailing, and 
nondelivery does not affect the validity of the service.
(D) Answer.
(1) A respondent must serve and file a signed answer or take other action 
permitted by law or these rules within 21 days after being served with the 
complaint in the manner provided in MCR 9.115(C). A signature constitutes 
verification that the respondent has read the answer or other response.
(2) A default, with the same effect as a default in a civil action, may enter 
against a respondent who fails within the time permitted to file an answer 
admitting, denying, or explaining the complaint, or asserting the grounds for 
failing to do so.
(E) Representation by Attorney. The respondent may be represented by an 
attorney, who must enter an appearance, which has the same effect as an 
appearance under MCR 2.117.
(F) Prehearing Procedure.
(1) Extensions. If good cause is shown, the hearing panel chairperson may 
grant one extension of time per party for filing pleadings and may grant one 
adjournment per party. Additional requests may be granted by the board 
chairperson if good cause is shown. Pending criminal or civil litigation of 
substantial similarity to the allegations of the complaint is not necessarily 
grounds for an adjournment.
(2) Motion to Disqualify.
(a) Within 14 days after an answer has been filed or the time for filing the 
answer has expired, each member of the hearing panel shall disclose in a 
writing filed with the board any information that the member believes could 
be grounds for disqualification under the guidelines of MCR 2.003(C), 
including pending requests for investigation filed against the member. The 
duty to disclose shall be a continuing one. The board shall serve a copy of 
the disclosure on each party and each panel member.
(b) A motion to disqualify must be filed within 14 days after the moving 
party discovers the ground for disqualification.  If the discovery is made 
within 14 days of the hearing date, the motion must be made forthwith.  If 
a motion is not timely filed, untimeliness is a factor in deciding whether the 
motion should be granted.  All known grounds for disqualification must be 
included at the time the motion is filed.  An affidavit must accompany the 
motion. The board chairperson shall decide the motion under the guidelines 
of MCR 2.003.
(c) The board must assign a substitute for a disqualified member of a 
hearing panel. If all are disqualified, the board must reassign the complaint 
to another panel.
(3) Amendment of Pleadings. The administrator and the respondent each may 
amend a pleading once as a matter of course within 14 days after being served 
with a responsive pleading by the opposing party, or within 15 days after 
serving the pleading if it does not require a responsive pleading. Otherwise, a 
party may amend a pleading only by leave granted by the hearing panel 
chairperson or with the written consent of the advserse party.
(4) Discovery. Pretrial or discovery proceedings are not permitted, except as 
follows:
(a) Within 21 days after the service of a formal complaint, a party may 
demand in writing that documentary evidence that is to be introduced at 
the hearing by the opposing party be made available for inspection or 
copying. Within 14 days after service of a written demand, the documents 
shall be made available, provided that the administrator need not comply 
prior to the filing of the respondent's answer; in such case, the 
administrator shall comply with the written demand within 14 days after the 
filing of the respondent's answer. The respondent shall comply with the 
written demand within 14 days, except that the respondent need not 
comply until the time for filing an answer to the formal complaint has 
expired. Any other documentary evidence to be introduced at the hearing 
by either party shall be supplied to the other party no later than 14 days 
prior to the hearing. Any documentary evidence not so supplied shall be 
excluded from the hearing except for good cause shown.
(i) Within 21 days after the service of a formal complaint, a party may 
demand in writing that the opposing party supply written notification of 
the name and address of any person to be called as a witness at the 
hearing. Within 14 days after the service of a written demand, the 
notification shall be supplied. However, the administrator need not 
comply prior to the filing of the respondent's answer to the formal 
complaint; in such cases, the administrator shall comply with the written 
demand within 14 days of the filing of the respondent's answer to the 
formal complaint. The respondent shall comply with the written demand 
within 14 days, except that the respondent need not comply until the 
time for filing an answer to the formal complaint has expired. Except for 
good cause shown, a party who is required to give said notification must 
give supplemental notice to the adverse party within 7 days after any 
additional witness has been identified, and must give the supplemental 
notice immediately if the additional witness is identified less than 14 
days before a scheduled hearing.
(ii) Within 21 days following the filing of an answer, the administrator 
and respondent shall exchange the names and addresses of all persons 
having knowledge of relevant facts and comply with reasonable requests 
for (1) nonprivileged information and evidence relevant to the charges 
against the respondent, and (2) other material upon good cause shown 
to the chair of the hearing panel.
(b) A deposition may be taken of a witness who lives outside the state or is 
physically unable to attend the hearing. For good cause shown, the hearing 
panel may allow the parties to depose other witnesses.
(c) The hearing panel may order a prehearing conference held before a 
panel member to obtain admissions or otherwise narrow the issues 
presented by the pleadings.
If a party fails to comply with subrule (F)(4)(a), the hearing panel or the 
board may, on motion and showing of material prejudice as a result of the 
failure, impose one or more of the sanctions set forth in MCR 
2.313(B)(2)(a)-(c).
(5) Discipline by Consent. A respondent may offer to plead no contest or to 
admit all essential facts contained in the complaint or any of its allegations in 
exchange for a stated form of discipline and on the condition that the plea or 
admission and discipline agreed on is accepted by the commission and the 
hearing panel. The respondent's offer shall first be submitted to the 
commission. If the offer is accepted by the commission, the administrator and 
the respondent shall prepare a stipulation for a consent order of discipline that 
includes all prior discipline, admonishments, and contractual probations, if any, 
and file the stipulation with the hearing panel. If the stipulation contains any 
nonpublic information, it shall be filed in camera. At the time of the filing, the 
administrator shall serve a copy of the proposed stipulation upon the 
complainant. If the hearing panel approves the stipulation, it shall enter a final 
order of discipline. If not approved, the offer is deemed withdrawn and 
statements or stipulations made in connection with the offer are inadmissible in 
disciplinary proceedings against the respondent and not binding on the 
respondent or the administrator. If the stipulation is not approved, the matter 
must then be referred for hearing to a hearing panel other than the one that 
passed on the proposed discipline.
(G) Hearing Time and Place; Notice. The board or the chairperson of the hearing 
panel shall set the time and place for a hearing. Notice of a hearing must be served 
by the board or the chairperson of the hearing panel on the administrator, the 
respondent, the complainant, and any attorney of record at least 21 days before 
the initial hearing. Unless the board or the chairperson of the hearing panel 
otherwise directs, the hearing must be in the county in which the respondent has or 
last had an office or residence. If the hearing panel fails to convene or complete its 
hearing within a reasonable time, the board may reassign the complaint to another 
panel or to a master. A party may file a motion for a change of venue. The motion 
must be filed with the board and shall be decided by the board chairperson, in part, 
on the basis of the guidelines in MCR 2.221. Notwithstanding MRE 615, there shall 
be a presumption that a complainant is entitled to be present during a hearing, 
which may only be overcome upon a finding by the panel, supported by facts that 
are particular to the proceeding, that testimony by the complainant is likely to be 
materially affected by exposure to other testimony at the hearing.
(H) Respondent's Appearance. The respondent shall personally appear at the 
hearing, unless excused by the panel, and is subject to cross-examination as an 
opposite party under MCL 600.2161. 
(1) Where satisfactory proofs are entered into the record that a respondent 
possessed actual notice of the proceedings, but who still failed to appear, a 
panel shall suspend him or her effective 7 days from the date of entry of the 
order and until further order of the panel or the board.
(2) If the respondent, or the respondent's attorney on his or her behalf, claims 
physical or mental incapacity as a reason for the respondent's failure to appear 
before a hearing panel or the board, the panel or the board on its own initiative 
may suspend the respondent from the practice of law until further order of the 
panel or board. The order of suspension must be filed and served as other 
orders of discipline.
(I) Hearing; Contempt.
(1) A hearing panel may issue subpoenas (including subpoenas for production 
of documents and other tangible things), cause testimony to be taken under 
oath, and rule on the admissibility of evidence under the Michigan Rules of 
Evidence. The oath or affirmation may be administered by a panel member. A 
subpoena must be issued in the name and under the seal of the board. It must 
be signed by a panel or board member, by the administrator, or by the 
respondent or the respondent's attorney. A subpoenaed witness must be paid 
nonpublic information, it shall be filed in camera. At the time of the filing, the 
administrator shall serve a copy of the proposed stipulation upon the 
complainant. If the hearing panel approves the stipulation, it shall enter a final 
order of discipline. If not approved, the offer is deemed withdrawn and 
statements or stipulations made in connection with the offer are inadmissible in 
disciplinary proceedings against the respondent and not binding on the 
respondent or the administrator. If the stipulation is not approved, the matter 
must then be referred for hearing to a hearing panel other than the one that 
passed on the proposed discipline.
(G) Hearing Time and Place; Notice. The board or the chairperson of the hearing 
panel shall set the time and place for a hearing. Notice of a hearing must be served 
by the board or the chairperson of the hearing panel on the administrator, the 
respondent, the complainant, and any attorney of record at least 21 days before 
the initial hearing. Unless the board or the chairperson of the hearing panel 
otherwise directs, the hearing must be in the county in which the respondent has or 
last had an office or residence. If the hearing panel fails to convene or complete its 
hearing within a reasonable time, the board may reassign the complaint to another 
panel or to a master. A party may file a motion for a change of venue. The motion 
must be filed with the board and shall be decided by the board chairperson, in part, 
on the basis of the guidelines in MCR 2.221. Notwithstanding MRE 615, there shall 
be a presumption that a complainant is entitled to be present during a hearing, 
which may only be overcome upon a finding by the panel, supported by facts that 
are particular to the proceeding, that testimony by the complainant is likely to be 
materially affected by exposure to other testimony at the hearing.
(H) Respondent's Appearance. The respondent shall personally appear at the 
hearing, unless excused by the panel, and is subject to cross-examination as an 
opposite party under MCL 600.2161. 
(1) Where satisfactory proofs are entered into the record that a respondent 
possessed actual notice of the proceedings, but who still failed to appear, a 
panel shall suspend him or her effective 7 days from the date of entry of the 
order and until further order of the panel or the board.
(2) If the respondent, or the respondent's attorney on his or her behalf, claims 
physical or mental incapacity as a reason for the respondent's failure to appear 
before a hearing panel or the board, the panel or the board on its own initiative 
may suspend the respondent from the practice of law until further order of the 
panel or board. The order of suspension must be filed and served as other 
orders of discipline.
(I) Hearing; Contempt.
(1) A hearing panel may issue subpoenas (including subpoenas for production 
of documents and other tangible things), cause testimony to be taken under 
oath, and rule on the admissibility of evidence under the Michigan Rules of 
Evidence. The oath or affirmation may be administered by a panel member. A 
subpoena must be issued in the name and under the seal of the board. It must 
be signed by a panel or board member, by the administrator, or by the 
respondent or the respondent's attorney. A subpoenaed witness must be paid 
(L) Enforcement. The administrator shall take the necessary steps to enforce a 
discipline order after it is effective.
(M) Resignation by Respondent; Admission of Charges. An attorney's resignation 
may not be accepted while a request for investigation or a complaint is pending, 
except pursuant to an order of disbarment.

Rule 9.116 Judges; Former Judges
(A) Judges.  The administrator or commission may not take action against an 
incumbent judge, except that this rule does not prohibit an action by the 
administrator or commission against:
(1) a magistrate or referee for misconduct unrelated to judicial functions, 
whether before or during the period when the person serves as a magistrate or 
referee; or
(2) a visiting judge as provided in MCR 9.203(E).  If the Judicial Tenure 
Commission receives a request for investigation of a magistrate or referee or 
visiting judge arising from the practice of law, the Judicial Tenure Commission 
shall refer the matter to the administrator or commission for investigation in 
the first instance.  If the administrator or the commission dismisses the request 
for investigation referred by the Judicial Tenure Commission, or a request for 
investigation of a magistrate, referee or visiting judge submitted directly to the 
commission by a complainant, the administrator or commission shall notify the 
Judicial Tenure Commission, which may take action as it deems appropriate.
(B) Former Judges.  The administrator or commission may take action against a 
former judge for conduct resulting in removal as a judge, and for any conduct 
which was not the subject of a disposition by the Judicial Tenure Commission or by 
the Court.  The administrator or commission may not take action against a former 
judge for conduct where the court imposed a sanction less than removal or the 
Judicial Tenure Commission has taken any action under MCR 9.207(B)(1)-(5).
(C) Judicial Tenure Commission Record.  The record of the Judicial Tenure 
Commission proceeding is admissible at a hearing involving a former judge.  The 
administrator or the respondent may introduce additional evidence.

Rule 9.117 Hearing Procedure Before Master
If the board assigns a complaint to a master, the master shall hold a public hearing 
on the complaint and receive evidence. To the extent that MCR 9.115 may be 
applied, it governs procedure before a master. After the hearing, the master shall 
prepare a report containing
(1) a brief statement of the proceedings,
(2) findings of fact, and
(3) conclusions of law.
The master shall file the report with a hearing panel designated by the board and 
serve a copy on the administrator and the respondent. Within 14 days after the 
report is filed, the administrator or the respondent may file objections to the report
and a supporting brief. The panel must determine if the record supports the 
findings of fact and conclusions of law and impose discipline, if warranted. Further 
proceedings are governed by MCR 9.118.

Rule 9.118 Review of Order of Hearing Panel
(A) Review of Order; Time.
(1) The administrator, the complainant, or the respondent may petition the 
board in writing to review the order of a hearing panel filed under MCR 
9.113(B), 9.116, 9.120, 9.121 or 9.124. The board may grant review of a 
nonfinal order and decide such interlocutory matters without a hearing. A 
petition for review must set forth the reasons and the grounds on which review 
is sought and must be filed with the board within 21 days after the order is 
served. The petitioner must serve copies of the petition and the accompanying 
documents on the other party and the complainant and file a proof of service 
with the board.
(2) A cross-petition for review may be filed within 21 days after the petition for 
review is served on the cross-petitioner. The cross-petition must be served on 
the other party and the complainant, and a proof of service must be filed with 
the board.
(3) A delayed petition for review may be considered by the board chairperson 
under the guidelines of MCR 7.205(F). If a petition for review is filed more than 
12 months after the order of the hearing panel is entered, the petition may not 
be granted.
(B) Order to Show Cause. If a petition for review is timely filed or a delayed petition 
for review is accepted for filing, the board shall issue an order to show cause, at a 
date and time specified, why the order of the hearing panel should not be affirmed. 
The order shall establish a briefing schedule for all parties and may require that an 
answer to the petition or cross-petition be filed. An opposing party may file an 
answer even if the order does not require one. The board must serve the order to 
show cause on the administrator, respondent, and complainant at least 21 days 
before the hearing. Failure to comply with the order to show cause, including, but 
not limited to, a requirement for briefs, may be grounds for dismissal of a petition 
for review. Dismissal of a petition for review shall not affect the validity of a crosspetition for review.
(C) Hearing.
(1) A hearing on the order to show cause must be heard by a subboard of at 
least 3 board members assigned by the chairperson. The board must make a 
final decision on consideration of the whole record, including a transcript of the 
presentation made to the subboard and the subboard's recommendation. The 
respondent shall appear personally at the review hearing unless excused by the 
board. Failure to appear may result in denial of any relief sought by the 
respondent, or any other action allowable under MCR 9.118(D).
(2) If the board believes that additional testimony should be taken, it may refer 
the case to a hearing panel or a master. The panel or the master shall then
take the additional testimony and make a supplemental report, including a 
transcript of the additional testimony, pleadings, exhibits, and briefs with the 
board. Notice of the filing of the supplemental report and a copy of the report 
must be served as an original report and order of a hearing panel.
(D) Decision. After the hearing on the order to show cause, the board may affirm, 
amend, reverse, or nullify the order of the hearing panel in whole or in part or order 
other discipline. A discipline order is not effective until 28 days after it is served on 
the respondent unless the board finds good cause for the order to take effect 
earlier.
(E) Motion for Reconsideration; Stay. A motion for reconsideration may be filed at 
any time before the board's order takes effect. An answer to a motion for 
reconsideration may be filed. If the discipline order is a suspension for 179 days or 
less, a stay of the discipline order will automatically issue on the timely filing by the 
respondent of a motion for reconsideration. If the discipline is greater than a 179-
day suspension, the respondent may petition for a stay. If the board grants a stay, 
the stay remains effective for 28 days after the board enters its order granting or 
denying reconsideration. 
(F) Filing Orders. The board must file a copy of its discipline order with the 
Supreme Court clerk and the clerk of the county where the respondent resides and 
where his or her office is located. The order must be served on all parties. If the 
respondent requests it in writing, a dismissal order must be similarly filed and 
served.

Rule 9.119 Conduct of Disbarred, Suspended, or Inactive Attorneys
(A) Notification to Clients. An attorney who has resigned under Rule 3 of the Rules 
Concerning the State Bar of Michigan, or has been disbarred, or suspended, or who 
is transferred to inactive status pursuant to MCR 9.121, or who is suspended for 
nondisciplinary reasons pursuant to Rule 4 of the Supreme Court Rules Concerning 
the State Bar of Michigan, shall, within 7 days of the effective date of the order of 
discipline, resignation,  the transfer to inactive status or the nondisciplinary 
suspension, notify all his or her active clients, in writing, by registered or certified 
mail, return receipt requested, of the following:
(1) the nature and duration of the discipline imposed, the transfer to inactive 
status, or the nondisciplinary suspension, or resignation;
(2) the effective date of such discipline, transfer to inactive status, or 
nondisciplinary suspension, or resignation;
(3) the attorney's inability to act as an attorney after the effective date of such 
discipline, transfer to inactive status, or nondisciplinary suspension, or 
resignation;
(4) the location and identity of the custodian of the clients' files and records, 
which will be made available to them or to substitute counsel;
(5) that the clients may wish to seek legal advice and counsel elsewhere; 
provided that, if the disbarred, suspended, inactive, or resigned attorney was a 
member of a law firm, the firm may continue to represent each client with the 
client's express written consent;
(6) the address to which all correspondence to the attorney may be addressed.
(B) Conduct in Litigated Matters. In addition to the requirements of subsection (A) 
of this rule, the affected attorney must, by the effective date of the order of 
revocation, suspension, or transfer to inactive status, in every matter in which the 
attorney is representing a client in litigation, file with the tribunal and all parties a 
notice of the attorney's disqualification from the practice of law. The affected 
attorney shall either file a motion to withdraw from the representation, or, with the 
client’s knowledge and consent, a substitution of counsel.
(C) Filing of Proof of Compliance. Within 14 days after the effective date of the 
order of disbarment, suspension, or transfer to inactive status, pursuant to MCR 
9.121, or resignation the disbarred, suspended, inactive, or resigned attorney shall 
file with the administrator and the board an affidavit showing full compliance with 
this rule. The affidavit must include as an appendix copies of the disclosure notices 
and mailing receipts required under subrules (A) and (B) of this rule. The affidavit 
must set forth any claim by the affected attorney that he or she does not have 
active clients at the time of the effective date of the change in status. A disbarred, 
suspended, inactive, or resigned attorney shall keep and maintain records of the 
various steps taken under this rule so that, in any subsequent proceeding instituted 
by or against him or her, proof of compliance with this rule and with the disbarment 
or suspension order will be available.
(D) Conduct After Entry of Order Prior to Effective Date. A disbarred or suspended 
attorney, after entry of the order of disbarment or suspension and prior to its 
effective date, shall not accept any new retainer or engagement as attorney for 
another in any new case or legal matter of any nature, unless specifically 
authorized by the board chairperson upon a showing of good cause and a finding 
that it is not contrary to the interests of the public and profession. However, during 
the period between the entry of the order and its effective date, the suspended or 
disbarred attorney may complete, on behalf of any existing client, all matters that 
were pending on the entry date.
(E) Conduct After Effective Date of Order. An attorney who is disbarred, suspended, 
transferred to inactive status pursuant to MCR 9.121, or who resigns is, during the 
period of disbarment, suspension, or inactivity, or from and after the date of 
resignation, forbidden from:
(1) practicing law in any form;
(2) having contact either in person, by telephone, or by electronic means, with 
clients or potential clients of a lawyer or law firm either as a paralegal, law 
clerk, legal assistant, or lawyer; 
(3) appearing as an attorney before any court, judge, justice, board, 
commission, or other public authority; and
(4) holding himself or herself out as an attorney by any means.
(F) Compensation of Disbarred, Suspended, Resigned, or Inactive Attorney. An 
attorney who has been disbarred or suspended, has resigned, or who is transferred 
to inactive status pursuant to MCR 9.121 may not share in any legal fees for legal 
services performed by another attorney during the period of disqualification from 
the practice of law. A disbarred, suspended, resigned, or inactive attorney may be 
compensated on a quantum meruit basis for legal services rendered and expenses 
paid by him or her prior to the effective date of the disbarment, suspension, 
resignation, or transfer to inactive status.
(G) Receivership.
(1) Attorney with a firm. If an attorney who is a member of a firm is disbarred,
suspended, is transferred to inactive status pursuant to MCR 9.121, or resigns his 
or her license to practice law, the firm may continue to represent each client with 
the client's express written consent. Copies of the signed consents shall be 
maintained with the client file. 
(2) Attorney practicing alone. If an attorney is transferred to inactive status, 
resigns, or is disbarred or suspended and fails to give notice under the rule, or 
disappears, is imprisoned, or dies, and there is no partner, executor or other 
responsible person capable of conducting the attorney's affairs, the administrator 
may ask the chief judge in the judicial circuit in which the attorney maintained his 
or her practice to appoint a person to act as a receiver with necessary powers, 
including:
(a) to obtain and inventory the attorney's files;
(b) to take any action necessary to protect the interests of the attorney and the 
attorney's clients;
(c) to change the address at which the attorney’s mail is delivered and to open 
the mail; or
(d) to secure (garner) the lawyer’s bank accounts.
The person appointed is analogous to a receiver operating under the direction of 
the circuit court.
(3) Confidentiality. The person appointed may not disclose to any third parties any 
information protected by MRPC 1.6 without the client's written consent. 
(4) Publication of Notice. Upon receipt of notification from the receiver, the state 
bar shall publish in the Michigan Bar Journal notice of the receivership, including the 
name and address of the subject attorney, and the name, address, and telephone 
number of the receiver. 

Rule 9.120 Conviction of Criminal Offense; Reciprocal Discipline
(A) Notification of the Grievance Administrator and the Attorney Discipline Board. 
(1) When a lawyer is convicted of a crime, the lawyer, the prosecutor or other 
authority who prosecuted the lawyer, and the defense attorney who 
represented the lawyer must notify the grievance administrator and the board 
of the conviction. This notice must be given in writing within 14 days after the
conviction.
(2) A lawyer who has been the subject of an order of discipline or transferred to 
inactive status by any court of record or any body authorized by law or by rule 
of court to conduct disciplinary proceedings against attorneys, of the United 
States, or of any state or territory of the United States or of the District of 
Columbia, or who has resigned from the bar or roster of attorneys in lieu of 
discipline by, or during the pendency of, discipline proceedings before such 
court or body shall inform the grievance administrator and board of entry of 
such order, transfer, or resignation within 14 days of the entry of the order, 
transfer, or resignation. 
(B) Criminal Conviction.
(1) On conviction of a felony, an attorney is automatically suspended until the 
effective date of an order filed by a hearing panel under MCR 9.115(J). A 
conviction occurs upon the return of a verdict of guilty or upon the acceptance 
of a plea of guilty or nolo contendere. The board may, on the attorney's motion, 
set aside the automatic suspension when it appears consistent with the 
maintenance of the integrity and honor of the profession, the protection of the 
public, and the interests of justice. The board must set aside the automatic 
suspension if the felony conviction is vacated, reversed, or otherwise set aside 
for any reason by the trial court or an appellate court.
(2) In a disciplinary proceeding instituted against an attorney based on the 
attorney's conviction of a criminal offense, a certified copy of the judgment of 
conviction is conclusive proof of the commission of the criminal offense.
(3) The administrator may file with the board a judgment of conviction showing 
that an attorney has violated a criminal law of a state or of the United States, 
an ordinance, or tribal law pursuant to MCR 2.615. The board shall then order 
the attorney to show cause why a final order of discipline should not be 
entered, and the board shall refer the proceeding to a hearing panel for 
hearing. At the hearing, questions as to the validity of the conviction, alleged 
trial errors, and the availability of appellate remedies shall not be considered. 
After the hearing, the panel shall issue an order under MCR 9.115(J).
(4). On a pardon the board may, and on a reversal of the conviction the board 
must, by order filed and served under MCR 9.118(F), vacate the order of 
discipline. The attorney's name must be returned to the roster of Michigan 
attorneys and counselors at law, but the administrator may nevertheless 
proceed against the respondent for misconduct which had led to the criminal 
charge. 
(C) Reciprocal Discipline. 
(1) A certified copy of a final adjudication by any court of record or any body 
authorized by law or by rule of court to conduct disciplinary proceedings against 
attorneys by any state or territory of the United States or of the District of 
Columbia, a United States court, or a federal administrative agency, 
determining that an attorney, whether or not admitted in that jurisdiction, has 
committed misconduct or has been transferred to disability inactive status, shall 
establish conclusively the misconduct or the disability for purposes of a 
proceeding under subchapter 9.100 of these rules and comparable discipline or
transfer shall be imposed in the Michigan proceeding unless the respondent was 
not afforded due process of law in the course of the original proceedings, the 
imposition of comparable discipline or transfer in Michigan would be clearly 
inappropriate, or the reason for the original transfer to disability inactive status 
no longer exists. 
(2) Upon the filing by the grievance administrator of a certified copy of final 
adjudication described in paragraph (C)(1) with the board, the board shall issue 
an order directed to the lawyer and the administrator: 
(a) attaching a copy of the order from the other jurisdiction; and 
(b) directing, that, within 21 days from service of the order, the lawyer and 
administrator shall inform the board (i) of any objection to the imposition of 
comparable discipline or disability inactive status in Michigan based on the 
grounds set forth in paragraph (C)(1) of this rule, and (ii) whether a 
hearing is requested. 
(3) Upon receipt of an objection to the imposition of comparable discipline or 
disability inactive status raising one or more of the issues identified in 
paragraph (C)(1) of this rule, the board shall assign the matter to a hearing 
panel for disposition. The opposing party shall have 21 days to reply to an 
objection. If a hearing is requested, and the hearing panel grants the request, 
the hearing shall be held in accordance with the procedures set forth in MCR 
9.115 except as otherwise provided in this rule. 
(4) Papers filed under this rule shall conform as nearly as practicable to the 
requirements of subchapter 2.100 and shall be filed with the board and served 
on the opposing party and each member of the hearing panel once assigned. 
(5) The burden is on the party seeking to avoid the imposition of comparable 
discipline or transfer to disability inactive status to demonstrate that it is not 
appropriate for one or more of the grounds set forth in paragraph (C)(1). 
“Comparable” discipline does not mean that the dates of a period of 
disqualification from practice in this state must coincide with the dates of the 
period of disqualification, if any, in the original jurisdiction. 
(6) If the 21-day period discussed in paragraph (C)(2)(b) has expired without 
objection by either party, the respondent is in default, with the same effect as a 
default in a civil action, and the board shall impose comparable discipline or 
transfer to disability inactive status unless it appears that one of the grounds 
set forth in paragraph (C)(1) of this rule requires a different result, in which 
case the board shall schedule a hearing in accord with paragraph (3) of this 
rule. An order entered pursuant to this subparagraph may be set aside if the 
requirements of MCR 2.603(D) are established. 
(7) In the event the discipline or transfer to disability inactive status imposed in 
the original jurisdiction is stayed, any reciprocal discipline imposed in Michigan 
shall be deferred until the stay expires. 

Rule 9.121 Attorney Declared to be Incompetent or Alleged to be 
Incapacitated or Asserting Impaired Ability 
(A) Adjudication by Court. If an attorney has been judicially declared incompetent 
or involuntarily committed on the grounds of incompetency or disability, the board, 
on proper proof of the fact, must enter an order effective immediately transferring 
the attorney to inactive status for an indefinite period and until further order of the 
board.
(B) Allegations of Incompetency or Incapacity.
(1) If it is alleged in a complaint by the administrator that an attorney is 
incapacitated to continue the practice of law because of mental or physical 
infirmity or disability or because of addiction to drugs or intoxicants, a hearing 
panel shall take action necessary to determine whether the attorney is 
incapacitated.
(a) Examination.
(i) Upon a showing of good cause that a mental or physical condition is 
the basis of respondent’s incompetency or incapacity as alleged in a 
complaint by the administrator, a hearing panel may order respondent to 
submit to one or more medical examination(s) or psychological 
examination(s) that are relevant to a condition of respondent shown to be 
in controversy.
(ii) If testing is ordered, the administrator and respondent may 
stipulate to the expert(s) who will conduct the examination(s), prepare 
a report within 28 days of the conclusion of the examination(s), and 
provide a copy of said report to both parties.  The content of a report 
prepared by an expert(s) pursuant to this paragraph is admissible into 
evidence in the proceedings, subject to relevancy objections.
(iii) If the administrator and/or respondent hire their own expert(s) to 
conduct the examination(s), the expert(s) will conduct the 
examination(s), prepare a report within 28 days of the conclusion of the 
examination(s), and provide a copy of said report to both parties.  A 
report prepared pursuant to this paragraph is only admissible as 
substantive evidence upon stipulation by both parties.  The respondent 
will be responsible for the expenses incurred by retaining his or her 
examiner.
(iv) On its own motion or on the motion of either party, the hearing 
panel may appoint an expert of its own selection to conduct the 
necessary examination(s).   The expert so appointed will conduct the 
examination(s), prepare a report within 28 days of the conclusion of the 
examination(s), and provide a copy of said report to both parties.  The 
content of a report prepared by an expert(s) pursuant to this paragraph 
is admissible into evidence in the proceedings unless, within 14 days of 
delivery of the report, a party objects, in which case either party may 
subpoena the expert(s) to testify at the hearing at that party’s expense.
(b) Expert’s Report
The expert’s report as required by paragraph (a) shall include:
(i) the expert’s resume or curriculum vitae;
(ii) a statement of facts, and a list of the tests that were administered 
and the test results;
(iii) a diagnosis, prognosis, a statement of limitations on the opinion 
because of the scope of the examination or testing, and 
recommendation for treatment, if any; and
(iv) no physician-patient privilege shall apply under this rule.
(2) The hearing panel shall provide notice to the attorney of the proceedings. 
Upon the request of a party, or on its own motion, and following a finding of 
good cause, a panel may recommend the appointment of counsel by the board
to represent the respondent if he or she is without representation.
(3) If, after a hearing, the hearing panel concludes that the attorney is 
incapacitated from continuing to practice law, it shall enter an order transferring 
him or her to inactive status for an indefinite period and until further order of 
the board.
(4) Pending disciplinary proceedings against the attorney must be held in 
abeyance.
(5) Proceedings conducted under this subrule are subject to review by the 
board as provided in MCR 9.118.
(C) Assertion of Impaired Ability; Probation.
(1) If, in response to a formal complaint filed under subrule 9.115(B), the 
respondent asserts in mitigation and thereafter demonstrates by a 
preponderance of the evidence that
(a) during the period when the conduct that is the subject of the complaint 
occurred, his or her ability to practice law competently was materially 
impaired by physical or mental disability or by drug or alcohol addiction,
(b) the impairment was the cause of or substantially contributed to that 
conduct,
(c) the cause of the impairment is susceptible to treatment, and
(d) he or she in good faith intends to undergo treatment, and submits a 
detailed plan for such treatment, the hearing panel, the board, or the 
Supreme Court may enter an order placing the respondent on probation for 
a specific period not to exceed 3 years if it specifically finds that an order of 
probation is not contrary to the public interest.
(2) If the respondent alleges impairment by physical or mental disability or by 
drug or alcohol addiction pursuant to subrule (C)(1), the hearing panel may 
order the respondent to submit to a physical or mental examination in accord 
with the procedure set for the in MCR 9.121(B)(1)(a). The panel may direct that 
the expense of the examination be paid by the respondent. A respondent who 
fails or refuses to comply with an examination order, or refuses to undergo an 
examination requested by the administrator, shall not be eligible for probation.
(3) The probation order
(a) must specify the treatment the respondent is to undergo, 
(b) may require the respondent to practice law only under the direct 
supervision of other attorneys, or
(c) may include any other terms the evidence shows are likely to eliminate 
the impairment without subjecting the respondent's clients or the public to 
a substantial risk of harm because the respondent is permitted to continue 
to practice law during the probation period.
(4) A respondent may be placed on probation for up to 3 years. The probation 
order expires on the date specified in it unless the administrator petitions for, 
and the hearing panel, board, or court grants, an extension. An extension may 
not exceed 3 years. A probation order may be dissolved if the respondent 
demonstrates that the impairment giving rise to the probation order has been 
removed and that the probation order has been fully complied with, but only 
one motion to accelerate dissolution of a probation order may be filed during 
the probation period.
(5) On proof that a respondent has violated a probation order, he or she may 
be suspended or disbarred.
(D) Publication of Change in Status. The board must publish in the Michigan Bar 
Journal a notice of transfer to inactive status. A copy of the notice and the order 
must be filed and served under MCR 9.118.
(E) Reinstatement. An attorney transferred to inactive status under this rule may 
not resume active status until reinstated by the board's order and, if inactive 3 
years or more, recertified by the Board of Law Examiners. The attorney may 
petition for reinstatement to active status once a year or at shorter intervals as the 
board may direct. A petition for reinstatement must be granted by a panel on a 
showing by clear and convincing evidence that the attorney's disability has been 
removed and that he or she is fit to resume the practice of law. A panel may take 
the action necessary to determine whether the attorney's disability has been 
removed, including an examination of the attorney conducted in accord with the 
procedure set forth in MCR 9.121(B)(1)(a). The panel may direct that the expense 
of the examination be paid by the attorney. If an attorney was transferred to 
inactive status under subrule 9.121(A) and subsequently has been judicially 
declared to be competent, a panel may dispense with further evidence that the 
disability has been removed and may order reinstatement to active status on terms 
it finds proper and advisable, including recertification.
(F) Waiver of Privilege. By filing a petition for reinstatement to active status under 
this rule, the attorney waives the doctor-patient privilege with respect to treatment 
during the period of his or her disability. The attorney shall disclose the name of 
every psychiatrist, psychologist, physician, and hospital or other institution by 
whom or in which the attorney has been examined or treated since the transfer to 
inactive status. The attorney shall furnish to a panel written consent for each to 
divulge whatever information and records are requested by the panel’s medical or 
psychological experts.

Rule 9.122 Review by Supreme Court
(A) Kinds Available; Time for Filing. 
(1) A party aggrieved, including the complainant, by a final order entered by 
the board on review under MCR 9.118, may apply for leave to appeal to the 
Supreme Court under MCR 7.302 within 28 days after the order is entered. If a 
motion for reconsideration is filed before the board's order takes effect, the 
application for leave to appeal to the Supreme Court may be filed within 28 
days after the board enters its order granting or denying reconsideration.
(2) If a request for investigation has been dismissed under MCR 9.112(C)(1)(a)
or 9.114(A), a party aggrieved by the dismissal may file a complaint in the 
Supreme Court under MCR 7.304.
(B) Rules Applicable. Except as modified by this rule, subchapter 7.300 governs an 
appeal.
(C) Stay of Order. If the discipline order is a suspension of 179 days or less, a stay 
of the order will automatically issue on the timely filing of an appeal by the 
respondent. The stay remains effective for 21 days following the conclusion of the 
appeal or further order of the Supreme Court. The respondent may petition the 
Supreme Court for a stay pending appeal of other orders of the board.
(D) Record on Appeal. The original papers constitute the record on appeal. The 
board shall certify the original record and file it with the Supreme Court promptly 
after the briefs of the parties have been filed. The record must include a list of 
docket entries, a transcript of testimony taken, and all pleadings, exhibits, briefs,
findings of fact, and orders in the proceeding. If the record contains material 
protected, the protection continues unless otherwise ordered by the Supreme 
Court.
(E) Disposition. The Supreme Court may make any order it deems appropriate, 
including dismissing the appeal. The parties may stipulate to dismiss the appeal 
with prejudice.

Rule 9.123 Eligibility for Reinstatement
(A) Suspension, 179 Days or Less. An attorney whose license has been suspended 
for 179 days or less is automatically reinstated by filing with the Supreme Court 
clerk, the board, and the administrator an affidavit showing that the attorney has 
fully complied with the terms and conditions of the suspension order. A materially 
false statement contained in the affidavit is ground for disbarment.
(B) Dibarment or Suspension More Than 179 Days. An attorney whose license to 
practice law has been revoked or suspended for more than 179 days is not eligible 
for reinstatement until the attorney has petitioned for reinstatement under MCR 
9.124 and has established by clear and convincing evidence that:
(1) he or she desires in good faith to be restored to the privilege of practicing 
law in Michigan;
(2) the term of the suspension ordered has elapsed or 5 years have elapsed 
since his or her disbarment of resignation;
(3) he or she has not practiced or attempted to practice law contrary to the 
requirement of his or her suspension or disbarment;
(4) he or she has complied fully with the order of discipline;
(5) his or her conduct since the order of discipline has been exemplary and 
above reproach;
(6) he or she has a proper understanding of and attitude toward the standards 
that are imposed on members of the bar and will conduct himself or herself in 
conformity with those standards;
(7) taking into account all of the attorney's past conduct, including the nature 
of the misconduct which led to the revocation or suspension, he or she 
nevertheless can safely be recommended to the public, the courts, and the legal 
profession as a person fit to be consulted by others and to represent them and 
otherwise act in matters of trust and confidence, and in general to aid in the 
administration of justice as a member of the bar and as an officer of the court;
(8) he or she is in compliance with the requirements of subrule (C), if 
applicable; and
(9) he or she has reimbursed the client security fund of the State Bar of 
Michigan or has agreed to an arrangement satisfactory to the fund to reimburse 
the fund for any money paid from the fund as a result of his or her conduct. 
Failure to fully reimburse as agreed is ground for vacating an order of 
reinstatement.
(C) Reinstatement After Three Years. An attorney who, as a result of disciplinary 
proceedings, resigns, is disbarred, or is suspended for any period of time, and who 
does not practice law for 3 years or more, whether as the result of the period of 
discipline or voluntarily, must be recertified by the Board of Law Examiners before 
the attorney may be reinstated to the practice of law.
(D) Petition for Reinstatement; Filing Limitations.
(1) Except as provided in subrule (D)(3), an attorney whose license to practice 
law has been suspended may not file a petition for reinstatement earlier than 
56 days before the term of suspension ordered has fully elapsed.
(2) An attorney whose license to practice law has been revoked or who has 
resigned may not file a petition for reinstatement until 5 years have elapsed 
since the attorney’s resignation or disbarment.
(3) An attorney whose license to practice law has been suspended because of 
conviction of a felony for which a term of incarceration was imposed may not 
file a petition for reinstatement until six months after completion of the 
sentence, including any period of parole.
(4) An attorney who has been disbarred or suspended and who has been denied 
reinstatement may not file a new petition for reinstatement until at least 1 year
from the effective date of the most recent hearing panel order granting or 
denying reinstatement.

Rule 9.124 Procedure for Reinstatement
(A) Filing of Petition. An attorney petitioning for reinstatement shall file the original 
petition for reinstatement with the Supreme Court clerk and a copy with the board 
and the commission.
(B) Petitioner's Responsibilities.
(1) Separately from the petition for reinstatement, the petitioner must serve 
only upon the administrator a personal history affidavit. The affidavit is to 
become part of the administrator's investigative file and may not be disclosed 
to the public except under the provisions of MCR 9.126. The affidavit must
contain the following information:
(a) every residence address since the date of disqualification from the 
practice of law;
(b) employment history since the time of disqualification, including the 
nature of employment, the name and address of every employer, the 
duration of such employment, and the name of the petitioner's immediate 
supervisor at each place of employment; if requested by the grievance 
administrator, the petitioner must provide authorization to obtain a copy of 
the petitioner's personnel file from the employer;
(c) a copy of a current driver's license;
(d) any continuing legal education in which the petitioner participated 
during the period of disqualification from the practice of law;
(e) bank account statements, from the date of disqualification until the filing 
of the petition for reinstatement, for each and every bank account in which 
petitioner is named in any capacity;
(f) copies of the petitioner's personal and business federal, state, and local 
tax returns from the date of disqualification until the filing of the petition for 
reinstatement, and if the petitioner owes outstanding income taxes, 
interest, and penalties, the petitioner must provide a current statement 
from the taxation authority of the current amount due; if requested by the 
grievance administrator, the petitioner must provide a waiver granting the 
grievance administrator authority to obtain information from the tax 
authority;
(g) any and all professional or occupational licenses obtained or maintained 
during the period of disqualification and whether any were suspended or 
revoked;
(h) any and all names used by petitioner since the time of disqualification;
(i) petitioner's place and date of birth;
(j) petitioner's social security number;
(k) whether, since the time of disqualification, petitioner was a party or a 
witness in any civil case, and the title, docket number, and court in which 
such case occurred;
(l) whether the petitioner was a party to any civil case, including the title, 
docket number, and court in which such case was filed; the petitioner must 
provide copies of the complaints and any dispositional orders or judgments, 
including settlement agreements, in such cases;
(m) whether the petitioner was a defendant or a witness in any criminal 
case, and the title, docket number, and court in which such case was filed; 
the petitioner must provide copies of the indictments or complaints and any 
dispositional orders or judgments of conviction in cases in which the 
petitioner was a defendant;
(n) whether the petitioner was subject to treatment or counseling for 
mental or emotional impairments, or for substance abuse or gambling 
addictions since the time of disqualification; if so, the petitioner must 
provide a current statement from the petitioner's service provider setting 
forth an evaluative conclusion regarding the petitioner's impairment(s), the 
petitioner's treatment records, and prognosis for recovery.
(2) The petitioner must, contemporaneously with the filing of the petition for 
reinstatement and service on the administrator of the personal history affidavit, 
remit
(a) to the administrator the fee for publication of a reinstatement notice in 
the Michigan Bar Journal.
(b) to the board the basic administrative costs required under MCR 
9.128(B)(1)
(i) an administrative cost of $750 where the discipline imposed was a 
suspension of less than 3 years; 
(ii) an administrative cost of $1,500 where the discipline imposed was a 
suspension of 3 years or more or disbarment.
(3) If the petition is facially sufficient and the petitioner has provided proof of 
service of the personal history affidavit upon the administrator and paid the 
publication fee required by subrule (B)(2), the board shall assign the petition to 
a hearing panel. Otherwise, the board may dismiss the petition without
prejudice, on its own motion or the motion of the administrator.
(4) A petitioner who files the petition before the term of suspension ordered has 
fully elapsed must file an updated petition and serve upon the administrator an 
updated personal history affidavit within 14 days after the term of suspension 
ordered has fully elapsed. All petitioners remain under a continuing obligation to 
provide updated information bearing upon the petition or the personal history 
affidavit.
(5) The petitioner must cooperate fully in the investigation by the administrator 
into the petitioner's eligibility for reinstatement by promptly providing any 
information requested. If requested, the petitioner must participate in a 
recorded interview and answer fully and fairly under oath all questions about 
eligibility for reinstatement.
(C) Administrator's Responsibilities. 
(1) Within 14 days after the commission receives its copy of the petition for 
reinstatement, the administrator shall submit to the Michigan Bar Journal for 
publication a notice briefly describing the nature and date of the discipline, the 
misconduct for which the petitioner was disciplined, and the matters required to 
be proved for reinstatement. 
(2) The administrator shall investigate the petitioner's eligibility for 
reinstatement before a hearing on it, report the findings in writing to the board 
and the hearing panel within 56 days of the date the board assigns the petition 
to the hearing panel, and serve a copy on the petitioner. 
(a) For good cause, the hearing panel may allow the administrator to file 
the report at a later date, but in no event later than 7 days before the 
hearing. 
(b) The report must summarize the facts of all previous misconduct and the 
available evidence bearing on the petitioner's eligibility for reinstatement. 
The report is part of the record but does not restrict the parties in the 
presentation of additional relevant evidence at the hearing. Any evidence 
omitted from the report or received by the administrator after the filing of 
the report must be disclosed promptly to the hearing panel and to the 
opposing party.
(D) Hearing on Petition. A reinstatement hearing may not be held earlier than 28 
days after the administrator files the investigative report with the hearing panel 
unless the hearing panel has extended the deadline for filing the report. The 
proceeding on a petition for reinstatement must conform as nearly as practicable to 
a hearing on a complaint. The petitioner shall appear personally before the hearing 
panel for cross-examination by the administrator and the hearing panel and answer 
fully and fairly under oath all questions regarding eligibility for reinstatement. The 
administrator and the petitioner may call witnesses or introduce evidence bearing 
upon the petitioner's eligibility for reinstatement. The hearing panel must enter an 
order granting or denying reinstatement and make a written report signed by the 
chairperson, including a transcript of the testimony taken, pleadings, exhibits and 
briefs, and its findings of fact. A reinstatement order may grant reinstatement 
subject to conditions that are relevant to the established misconduct or otherwise 
necessary to insure the integrity of the profession, to protect the public, and to 
serve the interests of justice. The report and order must be filed and served under 
MCR 9.118(F).
(E) Review. Review is available under the rules governing review of other hearing 
panel orders.

Rule 9.125 Immunity
A person is absolutely immune from suit for statements and communications 
transmitted solely to the administrator, the commission, or the commission staff, or
given in an investigation or proceeding on alleged misconduct or reinstatement. The 
administrator, legal counsel, investigators, members of hearing panels, masters, 
receivers appointed under MCR 9.119(G), voluntary investigators, fee arbitrators, 
mentors, practice monitors, the commission, the board, and their staffs are 
absolutely immune from suit for conduct arising out of the performance of their 
duties.
A medical or psychological expert who administers testing or provides a report 
pursuant to MCR 9.114(C) or MCR 9.121 is absolutely immune from suit for 
statements and communications transmitted solely to the administrator, the 
commission, or the commission staff, or given in an investigation or formal 
disciplinary proceeding.

Rule 9.126 Open Hearings; Priviliged, Confidential Files and Records
(A) Investigations. Except as provided in these rules, investigations by the 
administrator or the staff are privileged from disclosure, confidential, and may not 
be made public. At the respondent's option, final disposition of a request for 
investigation not resulting in formal charges may be made public. In addition, any 
interested person may inspect the request for investigation and the respondent's 
answer thereto if a disciplinary proceeding has been filed.
(B) Hearings. Hearings before a hearing panel and the board must be open to the 
public, but not their deliberations.
(C) Papers. Formal pleadings, reports, findings, recommendations, discipline, 
reprimands, transcripts, and orders resulting from hearings must be open to the 
public. A personal history affidavit filed pursuant to MCR 9.124(B)(1) is a 
confidential document that is not open to the public. This subrule does not apply to 
a request for a disclosure authorization submitted to the board or the Supreme 
Court pursuant to subrules (D)(7) or (E)(8).
(D) Other Records. Other files and records of the board, the commission, the 
administrator, legal counsel, hearing panels and their members, and the staff of 
each may not be examined by or disclosed to anyone except
(1) the commission,
(2) the administrator,
(3) the respondent as provided under MCR 9.115(F)(4),
(4) members of hearing panels or the board,
(5) authorized employees,
(6) the Supreme Court, or
(7) other persons who are expressly authorized by the board or the Supreme 
Court.
If a disclosure is made to the Supreme Court, the board, or a hearing panel, the 
information must also be disclosed to the respondent, except as it relates to an 
investigation, unless the court otherwise orders.
(E) Other Information. Notwithstanding any prohibition against disclosure set forth 
in this rule or elsewhere, the commission shall disclose the substance of information 
concerning attorney or judicial misconduct to the Judicial Tenure Commission, upon 
request. The commission also may make such disclosure to the Judicial Tenure 
Commission, absent a request, and to:
(1) the State Bar of Michigan Client Security Fund,
(2) the State Bar of Michigan:
(a) Committee on Judicial Qualifications;
(b) Lawyers and Judges Assistance Program;
(c) District and Standing Committees on Character and Fitness; or
(d) Unauthorized Practice of Law Committee,
(3) any court-authorized attorney disciplinary or admissions agency, including 
any federal district court or federal disciplinary agency considering the licensing 
of attorneys in its jurisdiction,
(4) the Michigan Appellate Assigned Counsel System,
(5) any Michigan court considering the appointment of a lawyer in a pending 
matter as house counsel, or a standing appointment,
(6) a lawyer representing the respondent in an unrelated disciplinary 
investigation or proceeding;
(7) law enforcement agencies; or
(8) other persons who are expressly authorized by the board or the Supreme
Court.

Rule 9.127 Enforcement
(A) Interim Suspension. The Supreme Court, the board, or a hearing panel may 
order the interim suspension of a respondent who fails to comply with its lawful 
order. The suspension shall remain in effect until the respondent complies with the 
order or no longer has the power to comply. If the respondent is ultimately 
disciplined, the respondent shall not receive credit against the disciplinary 
suspension or disbarment for any time of suspension under this rule. All orders of 
hearing panels under this rule shall be reviewable immediately under MCR 9.118. 
All orders of the board under this rule shall be appealable immediately under MCR 
9.122. The reviewing authority may issue a stay pending review or appeal.
(B) Contempt. The administrator may enforce a discipline order or an order 
granting or denying reinstatement by proceeding against a respondent for contempt 
of court. The proceeding must conform to MCR 3.606. The petition must be filed by 
the administrator in the circuit court in the county in which the alleged contempt 
took place, or in which the respondent resides, or has or had an office. Enforcement 
proceedings under this rule do not bar the imposition of additional discipline upon 
the basis of the same noncompliance with the discipline order.

Rule 9.128 Costs
(A) Generally. The hearing panel and the board, in an order of discipline or an order 
granting or denying reinstatement, must include a provision directing the payment 
of costs within a specified period of time. Under exceptional circumstances, the 
board may grant a motion to reduce administrative costs assessed under this rule, 
but may not reduce the assessment for actual expenses. Reimbursement must be a 
condition in a reinstatement order.
(B) Amount and Nature of Costs Assessed. The costs assessed under these rules 
shall include both basic administrative costs and disciplinary expenses actually 
incurred by the board, the commission, a master, or a panel for the expenses of 
that investigation, hearing, review and appeal, if any.
(1) Basic Administrative Costs:
(a) for discipline by consent pursuant to MCR 9.115(F)(5), $750;
(b) for all other orders imposing discipline, $1,500;
(c) with the filing of a petition for reinstatement as set forth in MCR 
9.124(B)(2)(b)(i) and (ii);
(2) Actual Expenses. Within 14 days of the conclusion of a proceeding before a 
panel or a written request from the board, whichever is later, the grievance 
administrator shall file with the board an itemized statement of the 
commission's expenses allocable to the hearing, including expenses incurred 
during the grievance administrator's investigation. Copies shall be served upon 
the respondent and the panel. An itemized statement of the expenses of the 
board, the commission, and the panel, including the expenses of a master, shall 
be a part of the report in all matters of discipline and reinstatement.
(C) Certification of Nonpayment. If the respondent fails to pay the costs within the 
time prescribed, the board shall serve a certified notice of the nonpayment upon 
the respondent. Copies must be served on the administrator and the State Bar of 
Michigan. Commencing on the date a certified report of nonpayment is filed, 
interest on the unpaid fees and costs shall accrue thereafter at the rates applicable 
to civil judgments.
(D) Automatic Suspension for Nonpayment. The respondent will be suspended 
automatically, effective 7 days from the mailing of the certified notice of 
nonpayment, and until the respondent pays the costs assessed or the board 
approves a suitable plan for payment. The board shall file a notice of suspension 
with the clerk of the Supreme Court and the State Bar of Michigan. A copy must be 
served on the respondent and the administrator. A respondent who is suspended 
for nonpayment of costs under this rule is required to comply with the requirements 
imposed by MCR 9.119 on suspended attorneys.
(E) Reinstatement. A respondent who has been automatically suspended under this 
rule and later pays the costs or obtains approval of a payment plan, and is 
otherwise eligible, may seek automatic reinstatement pursuant to MCR 9.123(A) 
even if the suspension under this rule exceeded 179 days. However, a respondent 
who is suspended under this rule and, as a result, does not practice law in Michigan
for 3 years or more, must be recertified by the Board of Law Examiners before the 
respondent may be reinstated.

Rule 9.129 Expenses; Reimbursement
The state bar must reimburse each investigator, legal counsel, hearing panel 
member, board member, master, and commission member for the actual and 
necessary expenses the board, commission, or administrator certifies as incurred as 
a result of these rules.

Rule 9.130 MCR 8.122 Cases; Arbitration; Discipline; Filing Complaint by 
Administrator
(A) Arbitration. On written agreement between an attorney and his or her client, 
the administrator or an attorney the administrator assigns may arbitrate a dispute 
and enter an award in accordance with the arbitration laws. Except as otherwise 
provided by this subrule, the arbitration is governed by MCR 3.602. The award and 
a motion for entry of an order or judgment must be filed in the court having 
jurisdiction under MCR 8.122. If the award recommends discipline of the attorney, 
it must also be treated as a request for investigation.
(B) Complaint. If the administrator finds that the filing of a complaint in the 
appropriate court under MCR 8.122 will be a hardship to the client and that the 
client may have a meritorious claim, the administrator shall file the complaint on 
behalf of the client and prosecute it to completion without cost to the client.

Rule 9.131 Investigation of Member or Employee of Board or Commission; 
Investigation of Attorney Representing Respondent or Witness; 
Representation by Member or Employee of Board or Commission
(A) Investigation of Commission Member or Employee. If the request is for 
investigation of an attorney who is a member or employee of the commission, the 
following provisions apply:
(1) The administrator shall serve a copy of the request for investigation on the 
respondent by ordinary mail. Within 21 days after service, the respondent shall 
file with the administrator an answer to the request for investigation conforming 
to MCR 9.113. The administrator shall send a copy of the answer to the 
complainant.
(2) After the answer is filed or the time for answer has expired, the 
administrator shall send copies of the request for investigation and the answer 
to the Supreme Court clerk.
(3) The Supreme Court shall review the request for investigation and the 
answer and shall either dismiss the request for investigation or appoint 
volunteer legal counsel to investigate the matter.
(4) If, after conducting the investigation, appointed counsel determines that the 
request for investigation does not warrant the filing of a formal complaint, he or 
she shall file a report setting out the reasons for that conclusion with the 
administrator, who shall send a copy of the report to the Supreme Court clerk, 
the respondent, and the complainant. Review of a decision not to file a formal 
complaint is limited to a proceeding under MCR 9.122(A)(2). If appointed 
counsel determines not to file a complaint, the administrator shall close and 
maintain the file under MCR 9.114(E). MCR 9.126(A) governs the release of 
information regarding the investigation.
(5) If, after conducting the investigation, appointed counsel determines that the 
request for investigation warrants the filing of a formal complaint, he or she 
shall prepare and file a complaint with the board under MCR 9.115(B).
(6) Further proceedings are as in other cases except that the complaint will be 
prosecuted by appointed counsel rather than by the administrator.
If the request is for investigation of the administrator, the term "administrator" in 
this rule means a member of the commission or some other employee of the 
commission designated by the chairperson.
(B) Investigation of Board Member or Employee. Before the filing of a formal 
complaint, the procedures regarding a request for investigation of a member or 
employee of the board are the same as in other cases. Thereafter, the following 
provisions apply:
(1) The administrator shall file the formal complaint with the board and send a 
copy to the Supreme Court clerk.
(2) The chief justice shall appoint a hearing panel and may appoint a master to 
conduct the hearing. The hearing procedure is as provided in MCR 9.115, 9.117, 
or 9.120, as is appropriate, except that no matters shall be submitted to the 
board. Procedural matters ordinarily within the authority of the board shall be 
decided by the hearing panel, except that a motion to disqualify a member of 
the panel shall be decided by the chief justice.
(3) The order of the hearing panel is effective 21 days after it is filed and 
served as required by MCR 9.115(J), and shall be treated as a final order of the 
board. The administrator shall send a copy of the order to the Supreme Court 
clerk.
(4) MCR 9.118 does not apply. Review of the hearing panel decision is by the 
Supreme Court as provided by MCR 9.122.
(C) Investigation of Attorney Representing a Respondent or Witness in Proceedings 
Before Board or Commission. 
(1) Request by a former client. A request for investigation filed by an attorney or 
witness against his or her counsel for alleged misconduct occurring in a disciplinary 
investigation or proceeding, shall be treated under the procedures set forth in MCR 
9.112.
(2) Request by person other than former client. If a person other than the 
attorney’s former client requests an investigation for alleged misconduct committed 
during the course of that attorney's representation of a respondent or a witness in 
proceedings before the board or the commission, the procedures in subrule (A) 
shall be followed. A request for investigation that alleges misconduct of this type 
may be filed only by the chairperson of the commission, and only if the commission 
passes a resolution authorizing the filing by the chairperson.
(D) Representation by Commission or Board Member or Employee. A member or 
employee of the Attorney Grievance Commission or the Attorney Discipline Board 
and its hearing panels may not represent a respondent in proceedings before the 
commission, the board, or the Judicial Tenure Commission, including preliminary 
discussions with employees of the respective commission or board prior to the filing 
of a request for investigation.

Subchapter 9.200 Judicial Tenure Commission
Rule 9.200 Construction
An independent and honorable judiciary being indispensable to justice in our 
society, subchapter 9.200 shall be construed to preserve the integrity of the judicial 
system, to enhance public confidence in that system, and to protect the public, the 
courts, and the rights of the judges who are governed by these rules in the most 
expeditious manner that is practicable and fair.
Rule 9.201 Definitions
As used in this chapter, unless the context or subject matter otherwise requires
(A) "commission" means the Judicial Tenure Commission; 
(B) "judge" means:
(1) a person who is serving as a judge of an appellate or trial court by 
virtue of election, appointment, or assignment; 
(2) a magistrate or a referee; or 
(3) a person who formerly held such office and is named in a request for 
investigation that was filed during the person's tenure, except that with 
respect to conduct that is related to the office, it is not necessary that the 
request for investigation be filed during the person's tenure; nothing in this 
paragraph deprives the attorney grievance commission of its authority to 
proceed against a former judge;
(C) "respondent" is a judge against whom a complaint has been filed;
(D) "chairperson" is the commission chairperson and includes the acting 
chairperson;
(E) "master" means one or more judges or former judges appointed by the 
Supreme Court at the commission's request to hold hearings on a complaint 
against a judge filed by the commission;
(F) "examiner" means the executive director or equivalent staff member or 
other attorney appointed by the commission to present evidence at a hearing 
before a master or the commission, or in proceedings in the Supreme Court;
(G) "request for investigation" is an allegation of judicial misconduct, physical 
or mental disability, or other circumstance that the commission may undertake 
to investigate under Const 1963, art 6, § 30, and MCR 9.207;
(H) "complaint" is a written document filed at the direction of the commission, 
recommending action against a judge and alleging specific charges of 
misconduct in office, mental or physical disability, or some other ground that 
warrants commission action under Const 1963, art 6, § 30.

Rule 9.202 Judicial Tenure Commission; Organization
(A) Appointment of Commissioners. As provided by Const 1963, art 6, § 30, the 
Judicial Tenure Commission consists of 9 persons. The commissioners selected by 
the judges shall be chosen by mail vote conducted by the state court administrator. 
The commissioners selected by the state bar members shall be chosen by mail vote 
conducted by the State Bar of Michigan. Both mail elections must be conducted in 
accordance with nomination and election procedures approved by the Supreme 
Court. Immediately after a commissioner's selection, the selecting authority shall 
notify the Supreme Court and the Judicial Tenure Commission.
(B) Term of Office. A commissioner's term of office shall be 3 years. To achieve 
staggered terms, the following terms shall expire in consecutive years:
(1) one of the appointments of the Governor, the judge of a court of limited 
jurisdiction, and one of the attorneys selected by the state bar;
(2) the other appointment of the Governor, the probate judge, and the other 
attorney selected by the state bar;
(3) the Court of Appeals judge, the circuit judge, and the judge selected by the 
state bar.
(C) Vacancy.
(1) A vacancy in the office of a commissioner occurs: 
(a) when a commissioner resigns or is incapable of serving as a member of 
the commission;
(b) when a judge who is a member of the commission no longer holds the 
office held when selected;
(c) when an attorney selected by state bar members is no longer entitled to 
practice in the courts of this state; and
(d) when an appointee of the Governor becomes an attorney.
(2) Vacancies must be filled by selection of a successor in the same manner 
required for the selection of the predecessor. The commissioner selected shall 
hold office for the unexpired term of the predecessor. Vacancies must be filled 
within 3 months after the vacancy occurs. If a vacancy occurs after the 
selection of a new commissioner but before that commissioner's term officially 
begins, the commissioner-elect shall fill that vacancy and serve the remainder 
of the unexpired term.
(3) A member may retire by submitting a resignation in writing to the 
commission, which must certify the vacancy to the selecting authority.
(D) Commission Expenses.
(1) The commission's budget must be submitted to the Supreme Court for 
approval.
(2) The commission's expenses must be included in and paid from the 
appropriation for the Supreme Court.
(3) A commissioner may not receive compensation for services but shall be paid 
reasonable and necessary expenses.
(E) Quorum and Chairperson.
(1) The commission shall elect from among its members a chairperson, a vicechairperson, and a secretary, each to serve 2 years. The vice-chairperson shall 
act as chairperson when the chairperson is absent. If both are absent, the 
members present may select one among them to act as temporary chairperson. 
(2) A quorum for the transaction of business by the commission is 5.
(3) The vote of a majority of the members constitutes the adoption or rejection 
of a motion or resolution before the commission. The chairperson is entitled to 
cast a vote as a commissioner.
(F) Meetings of Commission. Meetings must be held at the call of the chairperson or 
the executive director, or upon the written request of 3 commission members.
(G) Commission Staff.
(1) The commission shall employ an executive director or equivalent person or 
persons, and such other staff members as the commission concludes are 
warranted, to perform the duties that the commission directs, subject to the 
availability of funds under its budget.
(2) The executive director or any other staff person who is involved in the 
investigation or prosecution of a judge 
(a) shall not be present during the deliberations of the commission or 
participate in any other manner in the decision to file formal charges or to 
recommend action by the Supreme Court with regard to that judge, and
(b) shall have no substantive ex parte communication with the commission 
regarding a formal complaint that the commission has authorized.
(3) Commission employees are exempt from the operation of Const 1963, art 
11, § 5, as are employees of courts of record.

Rule 9.203 Judicial Tenure Commission; Powers; Review
(A) Authority of Commission. The commission has all the powers provided for under 
Const 1963, art 6, § 30, and further powers provided by Supreme Court rule. 
Proceedings before the commission or a master are governed by these rules. The 
commission may adopt and publish administrative rules for its internal operation 
and the administration of its proceedings that do not conflict with this subchapter 
and shall submit them to the Supreme Court for approval.
(B) Review as an Appellate Court. The commission may not function as an appellate 
court to review the decision of a court or to exercise superintending or 
administrative control of a court, but may examine decisions incident to a complaint 
of judicial misconduct, disability, or other circumstance that the commission may 
undertake to investigate under Const 1963, art 6, § 30, and MCR 9.207. An 
erroneous decision by a judge made in good faith and with due diligence is not 
judicial misconduct.
(C) Control of Commission Action. Proceedings under these rules are subject to the 
direct and exclusive superintending control of the Supreme Court. No other court
has jurisdiction to restrict, control, or review the orders of the master or the 
commission.
(D) Errors and Irregularities. An investigation or proceeding under this subchapter 
may not be held invalid by reason of a nonprejudicial irregularity or for an error not 
resulting in a miscarriage of justice.
(E) Jurisdiction Over Visiting Judges. Notwithstanding MCR 9.116(B), the Attorney 
Grievance Commission may take action immediately with regard to a visiting judge 
who currently holds no other judicial office if the allegations pertain to professional 
or personal activities unrelated to the judge's activities as a judge.

Rule 9.204 Disqualification of Commission Member or Employee
(A) Disqualification From Participation. A judge who is a member of the commission 
or of the Supreme Court is disqualified from participating in that capacity in 
proceedings involving the judge's own actions or for any reason set forth in MCR 
2.003(B). 
(B) Disqualification from Representation. A member or employee of the commission 
may not represent
(1) a respondent in proceedings before the commission, including preliminary 
discussions with employees of the commission before the filing of a request for 
investigation; or
(2) a judge in proceedings before the Attorney Grievance Commission, or the 
Attorney Discipline Board and its hearing panels, as to any matter that was 
pending before the Judicial Tenure Commission during the member's or the 
employee's tenure with the commission. 

Rule 9.205 Standards of Judicial Conduct
(A) Responsibility of Judge. A judge is personally responsible for the judge's own 
behavior and for the proper conduct and administration of the court in which the 
judge presides.
(B) Grounds for Action. A judge is subject to censure, suspension with or without 
pay, retirement, or removal for conviction of a felony, physical or mental disability 
that prevents the performance of judicial duties, misconduct in office, persistent 
failure to perform judicial duties, habitual intemperance, or conduct that is clearly 
prejudicial to the administration of justice. In addition to any other sanction 
imposed, a judge may be ordered to pay the costs, fees, and expenses incurred by 
the commission in prosecuting the complaint only if the judge engaged in conduct 
involving fraud, deceit, or intentional misrepresentation, or if the judge made 
misleading statements to the commission, the commission's investigators, the 
master, or the Supreme Court.
(1) Misconduct in office includes, but is not limited to:
(a) persistent incompetence in the performance of judicial duties;
(b) persistent neglect in the timely performance of judicial duties;
(c) persistent failure to treat persons fairly and courteously;
(d) treatment of a person unfairly or discourteously because of the person's 
race, gender, or other protected personal characteristic;
(e) misuse of judicial office for personal advantage or gain, or for the 
advantage or gain of another; and
(f) failure to cooperate with a reasonable request made by the commission 
in its investigation of a judge. 
(2) Conduct in violation of the Code of Judicial Conduct or the Rules of 
Professional Conduct may constitute a ground for action with regard to a judge, 
whether the conduct occurred before or after the respondent became a judge or 
was related to judicial office. 
(3) In deciding whether action with regard to a judge is warranted, the 
commission shall consider all the circumstances, including the age of the 
allegations and the possibility of unfair prejudice to the judge because of the 
staleness of the allegations or unreasonable delay in pursuing the matter. 

Rule 9.206 Service
(A) Judge. When provision is made under these rules for serving a complaint or 
other document on a judge, the service must be made in person or by registered or 
certified mail to the judge's judicial office or last known residence. If an attorney 
has appeared for a judge, service may be on the attorney in lieu of service on the 
judge.
(B) Commission. Service on the commission must be made by personal delivery or 
by registered or certified mail to the executive director at the commission's office. 

Rule 9.207 Investigation; Notice
(A) Request for Investigation. A request for investigation of a judge must be made 
in writing and verified on oath of the complainant. The commission also is 
authorized to act on its own initiative or at the request of the Supreme Court, the 
state court administrator, or the Attorney Grievance Commission.
(B) Investigation. Upon receiving a request for investigation that is not clearly 
unfounded or frivolous, the commission shall direct that an investigation be 
conducted to determine whether a complaint should be filed and a hearing held. If 
there is insufficient cause to warrant filing a complaint, the commission may:
(1) dismiss the matter,
(2) dismiss the matter with a letter of explanation or caution that addresses the 
respondent's conduct,
(3) dismiss the matter contingent upon the satisfaction of conditions imposed 
by the commission, which may include a period of monitoring,
(4) admonish the respondent, or
(5) recommend to the Supreme Court private censure, with a statement of 
reasons.
(C) Adjourned Investigation. If a request for investigation is filed less than 90 days 
before an election in which the respondent is a candidate, and the request is not 
dismissed forthwith as clearly unfounded or frivolous, the commission shall 
postpone its investigation until after the election unless two-thirds of the 
commission members determine that the public interest and the interests of justice 
require otherwise.
(D) Notice to Judge. 
(1) Before filing a complaint or taking action under subrule (B)(5), the 
commission must give written notice to the judge who is the subject of a 
request for investigation. The purpose of the notice is to afford the judge an 
opportunity to apprise the commission, in writing within 28 days, of such 
matters as the judge may choose, including information about the factual 
aspects of the allegations and other relevant issues. The notice shall specify the 
allegations and may include the date of the conduct, the location where the 
conduct occurred, and the name of the case or identification of the court 
proceeding relating to the conduct. 
(a) For good cause shown, the commission may grant a reasonable 
extension of the 28-day period.
(b) The Supreme Court may shorten the time periods prescribed in this and 
other provisions of this subchapter at its own initiative or at the request of 
the commission.
(2) Before taking action under subrule (B)(2)-(4), the commission must give 
written notice to the judge of the nature of the allegations in the request for 
investigation and afford the judge a reasonable opportunity to respond in 
writing.
(3) If a judge so requests in response to a written notice from the commission 
under this subrule, the commission may offer the judge an opportunity to 
appear informally before the commission to present such information as the 
judge may choose, including information about the factual aspects of the 
allegations and other relevant issues. 
(4) On final disposition of a request for investigation without the filing of a 
formal complaint, the commission shall give written notice of the disposition to 
the judge who was the subject of the request. The commission also shall 
provide written notice to the complainant that the matter has been resolved 
without the filing of a formal complaint.
(5) If the commission admonishes a judge pursuant to MCR 9.207(B)(4):
(a) The judge may file 24 copies of a petition for review in the Supreme 
Court, serve two copies on the commission, and file a proof of service with 
the commission within 28 days of the date of the admonishment. The 
petition for review, and any subsequent filings, shall be placed in a 
confidential file and shall not be made public unless ordered by the Court.
(b) The executive director may file a response with a proof of service on the 
judge within 14 days of receiving service of the petition for review.
(c) The Supreme Court shall review the admonishment in accordance with 
MCR 9.225. Any opinion or order entered pursuant to a petition for review 
under this subrule shall be published and shall have precedential value 
pursuant to MCR 7.317.
(E) Physical or Mental Examination. In the course of an investigation, the 
commission may request the judge to submit to a physical or mental examination. 
Failure of the judge to submit to the examination may constitute judicial 
misconduct. MCR 2.311(B) is applicable to the examination.
(F) Expediting Matters. When the integrity of the judicial system requires, the 
Supreme Court may direct that the commission expedite its consideration of any 
investigation, and may set a deadline for the commission to submit any 
recommendation to the Court, notwithstanding any other provision in this 
subchapter.

Rule 9.208 Evidence
(A) Taking of Evidence During Preliminary Investigation. Before filing a complaint, 
the commission may take evidence before it or an individual member of the 
commission, or before the executive director or other member of the staff for 
purposes of the preliminary investigation.
(B) Cooperation With Investigation. A judge, clerk, court employee, member of the 
bar, or other officer of a court must comply with a reasonable request made by the 
commission in its investigation.
(C) Discovery. 
(1) Pretrial or discovery proceedings are not permitted, except as follows:
(a) At least 21 days before a scheduled public hearing,
(i) the parties shall provide to one another, in writing, the names and 
addresses of all persons whom they intend to call at the hearing, a copy 
of all statements and affidavits given by those persons, and any 
material in their possession that they intend to introduce as evidence at 
the hearing, and 
(ii) the commission shall make available to the respondent for 
inspection or copying all exculpatory material in its possession, as well 
as any other material in its possession.
(b) The parties shall give supplemental notice to one another within 5 days 
after any additional witness has been identified and at least 10 days before 
a scheduled hearing.
(2) A deposition may be taken of a witness who is living outside the state or 
who is physically unable to attend a hearing.
(3) The commission or the master may order a prehearing conference to obtain 
admissions or otherwise narrow the issues presented by the pleadings.
If a party fails to comply with subrules (C)(1) or (2), the master may, on 
motion and showing of material prejudice as a result of the failure, impose one 
or more of the sanctions set forth in MCR 2.313(B)(2)(a)-(c).
 
Rule 9.209 Pleadings
The complaint and answer are the only pleadings allowed.
(A) Complaint.
(1) Filing; Service. A complaint may not be filed before the completion of a 
preliminary investigation. Upon concluding that there is sufficient evidence to 
warrant the filing of a complaint, the commission shall direct the executive 
director or equivalent staff member to do the following:
(a) enter the complaint in the commission docket, which is a public record;
(b) retain the complaint in the commission office; and 
(c) promptly serve a copy of the complaint on the respondent. 
(2) Form of Complaint. A complaint must be entitled:
"Complaint Against _____, Judge. No. _____."
A complaint must be in form similar to a complaint filed in a civil action in the 
circuit court.
(B) Answer.
(1) Filing. Within 14 days after service of the complaint, the respondent must 
file with the commission the original and 9 copies of an answer verified by the 
respondent. 
(2) Form. The answer must be in form similar to an answer in a civil action in 
the circuit court, and must contain a full and fair disclosure of all facts and 
circumstances pertaining to the allegations regarding the respondent. Wilful 
concealment, misrepresentation, or failure to file an answer and disclosure are 
additional grounds for disciplinary action under the complaint. 
(3) Affirmative defenses, including the defense of laches, must be asserted in 
the answer or they will not be considered.

Rule 9.210 Notice of Public Hearing; Appointment of Master and Examiners
(A) Notice of Public Hearing. Upon the filing of a complaint, the commission must 
set a time and a place of hearing before the commission and notify the respondent 
at least 21 days in advance, or request in writing that the Supreme Court appoint a 
master to hold the hearing. Such a request must be accompanied by a copy of the 
complaint.
(B) Appointment of Master.
(1) If the commission requests that the Supreme Court appoint a master to 
conduct the hearing, the Court shall do so within a reasonable period. 
(2) The master shall set a time and a place for the hearing and shall notify the 
respondent and the examiner at least 28 days in advance. The master shall rule 
on all motions and other procedural matters incident to the complaint, answer, 
and hearing. Recommendations on dispositive motions shall not be announced 
until the conclusion of the hearing, except that the master may refer to the 
commission on an interlocutory basis a recommendation regarding a dispositive 
motion. 
(3) MCR 2.003(B) shall govern all matters concerning the disqualification of a 
master.
(C) Appointment of Examiners. The executive director shall act as the examiner in a 
case in which a formal complaint is filed, unless the commission appoints another 
attorney to act as examiner.

Rule 9.211 Public Hearing
(A) Procedure. The public hearing must conform as nearly as possible to the rules 
of procedure and evidence governing the trial of civil actions in the circuit court. 
The hearing must be held whether or not the respondent has filed an answer or 
appears at the hearing. The examiner shall present the evidence in support of the 
charges set forth in the complaint, and at all times shall have the burden of proving 
the allegations by a preponderance of the evidence. A respondent is entitled to be 
represented by an attorney. Any employee, officer, or agent of the respondent's 
court, law enforcement officer, public officer or employee, or attorney who testifies 
as a witness in the hearing, whether called by the examiner or by the judge, is 
subject to cross-examination by either party as an opposite party under MCL 
600.2161.
(B) Effect of Failure to Comply.
(1) The respondent's failure to answer or to appear at the hearing may not, 
standing alone, be taken as evidence of the truth of the facts alleged to 
constitute grounds for commission action.
(2) The respondent's failure to answer, to testify in his or her own behalf, or to 
submit to a medical examination requested by the commission or the master, 
may be considered as an evidentiary fact, unless the failure was due to 
circumstances unrelated to the facts in issue at the hearing.
(C) Record. The proceedings at the hearing must be recorded by stenographic or 
mechanical means. A separate record must be made if the master or the 
commission declines to admit evidence.
(D) Rulings. When the hearing is before the commission, at least 5 members must 
be present while the hearing is in active progress. Procedural and other 
interlocutory rulings must be made by the chairperson and are taken as consented 
to by the other members of the commission unless a member calls for a vote, in 
which event a ruling must be made by a majority vote of those present.

Rule 9.212 Subpoenas
(A) Issuance of Subpoenas.
(1) Before the filing of a complaint, the commission may issue subpoenas for 
the attendance of witnesses to provide statements or produce documents or 
other tangible evidence exclusively for consideration by the commission and its 
staff during the preliminary investigation. Before the filing of a complaint, the 
entitlement appearing on the subpoena shall not disclose the name of a judge 
under investigation.
(2) After the filing of a complaint, the commission may issue subpoenas either 
to secure evidence for testing before the hearing or for the attendance of 
witnesses and the production of documents or other tangible evidence at the 
hearing.
(B) Sanctions for Contempt; Disobedience by Respondent.
(1) Contempt proceedings against a nonparty for failure to obey a subpoena 
issued pursuant to this rule may be brought pursuant to MCR 2.506(E) in the 
circuit court for the county in which the individual resides, where the individual 
is found, where the contempt occurred, or where the hearing is to be held. 
(2) If a respondent disobeys a subpoena or other lawful order of the 
commission or the master, whether before or during the hearing, the 
commission or the master may order such sanctions as are just, including, but 
not limited to, those set forth in MCR 2.313(B)(2)(a)-(e).

Rule 9.213 Amendments of Complaint or Answer
The master, before the conclusion of the hearing, or the commission, before its 
determination, may allow or require amendments of the complaint or the answer. 
The complaint may be amended to conform to the proofs or to set forth additional 
facts, whether occurring before or after the commencement of the hearing. If an 
amendment is made, the respondent must be given reasonable time to answer the 
amendment and to prepare and present a defense against the matters charged in 
the amendment.

Rule 9.214 Report of Master
Within 21 days after a transcript of the proceedings is provided, the master shall 
prepare and transmit to the commission in duplicate a report that contains a brief 
statement of the proceedings and findings of fact and conclusions of law with 
respect to the issues presented by the complaint and the answer. The report must 
be accompanied by three copies of the transcript of the proceedings before the 
master. On receiving the report and the transcript, the commission must promptly 
send a copy of each to the respondent.

Rule 9.215 Objections to Report of Master
Within 28 days after copies of the master's report and the transcript are mailed to 
the respondent, the examiner or the respondent may file with the commission an 
original and 9 copies of a statement of objections to the report of the master, along 
with a supporting brief. A copy of a statement and brief must be served on the 
opposite party, who shall have 14 days to respond.

Rule 9.216 Appearance Before Commission
When the master files the report, the commission shall set a date for hearing 
objections to the report. The respondent and the examiner must file written briefs 
at least 7 days before the hearing date. The briefs must include a discussion of 
possible sanctions and, except as otherwise permitted by the Judicial Tenure 
Commission, are limited to 50 pages in length. Both the respondent and the 
examiner may present oral argument at the hearing.
MCR 9.216 retained 5.31.05

Rule 9.217 Extension of Time
The commission or its chairperson may extend for periods not to exceed 28 days 
the time for the filing of an answer, for the commencement of a hearing before the 
commission, for the filing of the master's report, and for the filing of a statement of 
objections to the report of a master. A master may similarly extend the time for the 
commencement of a hearing. 

Rule 9.218 Hearing Additional Evidence
The commission may order a hearing before itself or the master for the taking of 
additional evidence at any time while the complaint is pending before it. The order 
must set the time and place of hearing and indicate the matters about which 
evidence is to be taken. A copy of the order must be sent to the respondent at least 
14 days before the hearing.

Rule 9.219 Interim Suspension
(A) Petition. 
(1) After a complaint is filed, the commission may petition the Supreme Court 
for an order suspending a judge from acting as a judge until final adjudication 
of the complaint.
(2) In extraordinary circumstances, the commission may petition the Supreme 
Court for an order suspending a judge from acting as a judge in response to a 
request for investigation, pending a decision by the commission regarding the 
filing of a complaint. In such a circumstance, the documents filed with the Court 
must be kept under seal unless the petition is granted.
Whenever a petition for interim suspension is granted, the processing of the 
case shall be expedited in the commission and in the Supreme Court. The 
commission shall set forth in the petition an approximate date for submitting a 
final recommendation to the Court.
(B) Contents; Affidavit or Transcript. The petition must be accompanied by a sworn 
affidavit or court transcript, and state facts in support of the allegations and the 
assertion that immediate suspension is necessary for the proper administration of 
justice.
with a supporting brief. A copy of a statement and brief must be served on the 
opposite party, who shall have 14 days to respond.
Rule 9.216 Appearance Before Commission
When the master files the report, the commission shall set a date for hearing 
objections to the report. The respondent and the examiner must file written briefs 
at least 7 days before the hearing date. The briefs must include a discussion of 
possible sanctions and, except as otherwise permitted by the Judicial Tenure 
Commission, are limited to 50 pages in length. Both the respondent and the 
examiner may present oral argument at the hearing.
MCR 9.216 retained 5.31.05

Rule 9.217 Extension of Time
The commission or its chairperson may extend for periods not to exceed 28 days 
the time for the filing of an answer, for the commencement of a hearing before the 
commission, for the filing of the master's report, and for the filing of a statement of 
objections to the report of a master. A master may similarly extend the time for the 
commencement of a hearing. 

Rule 9.218 Hearing Additional Evidence
The commission may order a hearing before itself or the master for the taking of 
additional evidence at any time while the complaint is pending before it. The order 
must set the time and place of hearing and indicate the matters about which 
evidence is to be taken. A copy of the order must be sent to the respondent at least 
14 days before the hearing.

Rule 9.219 Interim Suspension
(A) Petition. 
(1) After a complaint is filed, the commission may petition the Supreme Court 
for an order suspending a judge from acting as a judge until final adjudication 
of the complaint.
(2) In extraordinary circumstances, the commission may petition the Supreme 
Court for an order suspending a judge from acting as a judge in response to a 
request for investigation, pending a decision by the commission regarding the 
filing of a complaint. In such a circumstance, the documents filed with the Court 
must be kept under seal unless the petition is granted.
Whenever a petition for interim suspension is granted, the processing of the 
case shall be expedited in the commission and in the Supreme Court. The 
commission shall set forth in the petition an approximate date for submitting a 
final recommendation to the Court.
(B) Contents; Affidavit or Transcript. The petition must be accompanied by a sworn 
affidavit or court transcript, and state facts in support of the allegations and the 
assertion that immediate suspension is necessary for the proper administration of 
justice.
(1) Before a complaint is filed, neither a commissioner nor a member of the 
commission staff may disclose the existence or contents of an investigation, 
testimony taken, or papers filed in it, except as needed for investigative 
purposes.
(2) The commission may at any time make public statements as to matters 
pending before it on its determination by a majority vote that it is in the public 
interest to do so, limited to statements
(a) that there is an investigation pending,
(b) that the investigation is complete and there is insufficient evidence for 
the commission to file a complaint, or
(c) with the consent of the respondent, that the investigation is complete 
and some specified disciplinary action has been taken.
(C) Discretionary Waiver of Confidentiality or Privilege. The commission may waive 
the confidentiality or privilege protections if:
(1) the respondent waives, in writing, the right to confidentiality or privilege;
(2) the grievant waives, in writing, the right to confidentiality or privilege;
(3) the witness whose statement, testimony, or other evidentiary item will be 
disclosed waives, in writing, the right to confidentiality or privilege; and
(4) a majority of the commission determines that the public interest will be 
served by doing so.
(D) After Filing of Formal Complaint
(1) When the commission issues a complaint, the following shall not be 
confidential or privileged:
(a) the complaint and all subsequent pleadings filed with the commission or 
master, all stipulations entered, all findings of fact made by the master or 
commission, and all reports of the master or commission; however, all 
papers filed with and proceedings before the commission during the period 
preceding the issuance of a complaint remain confidential and privileged 
except where offered into evidence in a formal hearing; and
(b) the formal hearing before the master or commission, and the public 
hearing provided for in MCR 9.216.
(2) This subrule neither limits nor expands a respondent's right to discovery 
under MCR 9.208(C).
(3) The confidentiality or privilege of any otherwise nonpublic disciplinary action 
is waived in any proceeding on a concurrent or subsequent formal complaint.
(E) Disclosure to Grievant.
(1) Upon completion of an investigation or proceeding on a complaint, the 
commission shall disclose to the grievant that the commission
(a) has found no basis for action against the judge or determined not to 
proceed further in the matter,
(b) has taken an appropriate corrective action, the nature of which shall not 
be disclosed, or
(c) has recommended that the respondent be publicly censured, suspended, 
removed, or retired from office.
(F) Public Safety Exception. When the commission receives information concerning 
a threat to the safety of any person or persons, information concerning such person 
may be provided to the person threatened, to persons or organizations responsible 
for the safety of the person threatened, and to law enforcement or any appropriate 
prosecutorial agency.
(G) Disclosure to State Court Administrator.
(1) The commission may refer to the state court administrator requests for 
investigation and other communications received by the commission concerning 
the conduct of a judge if, in the opinion of the commission, the communications 
are properly within the scope of the duties of the administrator. The 
commission may provide the administrator with files, records, investigations, 
and reports of the commission relating to the matter. Such a referral does not 
preclude action by the commission if the judge's conduct is of such a nature as 
to constitute grounds for action by the commission, or cannot be adequately 
resolved or corrected by action of the administrator.
(2) The commission may disclose to the administrator, upon request, the 
substance of files and records of the commission concerning a former judge 
who has been or may be assigned judicial duties by the administrator; a copy of 
the information disclosed must be furnished to the judge.
(H) Disclosure to Attorney Grievance Commission. Notwithstanding the prohibition 
against disclosure in this rule, the commission shall disclose information concerning 
a judge's misconduct in office, mental or physical disability, or some other ground 
that warrants commission action under Const 1963, art 6, § 30, to the Attorney 
Grievance Commission, upon request. Absent a request, the commission may make 
such disclosure to the Attorney Grievance Commission. In the event of a dispute 
concerning the release of information, either the Attorney Grievance Commission or 
the Judicial Tenure Commission may petition the Supreme Court for an order 
resolving the dispute.
By order dated June 8, 2005, this Court amended Rule 9.221 of the Michigan Court 
Rules, effective immediately. 472 Mich ciii-cvi (2005). Notice and an opportunity for 
comment in writing and at a public hearing having been provided, and 
consideration having been given to the comments received, the amendment of Rule 
9.221 is retained.
On order of the Court, the proposed amendment of Rule 9.221(I) of the Michigan 
Court Rules having been published for comment at 472 Mich 1251 (2005), and an 
opportunity having been provided for comment in writing and at a public hearing, 
the Court declines to adopt the proposed amendment. This administrative file is 
closed without further action.

Rule 9.222 Record Retention
The commission shall develop a record-retention policy, which shall include a 
description of the materials that are to be stored, a list of the time for which 
specific materials must be maintained, and procedures for the disposal of records.

Rule 9.223 Filing and Service of Documents by Commission
Within 21 days after entering an order recommending action with regard to a 
respondent, the commission must take the action required by subrules (A) and (B).
(A) Filings in Supreme Court. The commission must file in the Supreme Court:
(1) the original record arranged in chronological order and indexed and 
certified;
(2) 24 copies of the order; and
(3) a proof of service on the respondent.
(B) Service on Respondent. The commission must serve the respondent with:
(1) notice of the filing under MCR 9.223(A)(1);
(2) 2 copies of the order;
(3) 2 copies of the index to the original record; and
(4) a copy of a portion of the original record not submitted by or previously 
furnished to the respondent.

Rule 9.224 Review by Supreme Court
(A) Petition by Respondent. Within 28 days after being served, a respondent may 
file in the Supreme Court 24 copies of
(1) a petition to reject or modify the commission's recommendation, which 
must:
(a) be based on the record,
(b) specify the grounds relied on,
(c) be verified, and
(d) include a brief in support; and
(2) an appendix presenting portions of the record that the respondent believes 
necessary to fairly judge the issues.
The respondent must serve the commission with 3 copies of the petition and 2 
copies of the appendix and file proof of that service.
(B) Brief of Commission. Within 21 days after respondent's petition is served, the 
commission must file
(1) 24 copies of a brief supporting its finding, and
(2) proof that the respondent was served with 2 copies of the brief.
The commission may file 24 copies of an appendix containing portions of the 
record not included in the respondent's appendix that the commission believes 
necessary to fairly judge the issues. 
(C) Review in Absence of Petition by Respondent. If the respondent does not file a 
petition, the Supreme Court will review the commission's recommendation on the 
record file. The Supreme Court may order that briefs be filed or arguments be 
presented.
(D) Form of Briefs. A brief filed under this subrule is to be similar to a brief filed in 
an appeal to the Supreme Court.
(E) Additional Evidence. The Supreme Court may, if cause is shown, order that 
further evidence be taken and added to the original record.
(F) Submission. The clerk will place the case on a session calendar under MCR 
7.312. Oral argument may be requested.

Rule 9.225 Decision by Supreme Court
The Supreme Court shall review the record of the proceedings and file a written 
opinion and judgment, which may accept or reject the recommendations of the 
commission, or modify the recommendations by imposing a greater, lesser, or 
entirely different sanction. When appropriate, the Court may remand the matter to 
the commission for further proceedings, findings, or explication. If the respondent 
and the commission have consented to a course of action under subrule 9.220(C) 
and the Court determines to impose a greater, lesser, or entirely different sanction, 
the respondent shall be afforded the opportunity to withdraw the consent and the 
matter shall be remanded to the commission for further proceedings.

Rule 9.226 Motion for Rehearing
Unless the Supreme Court directs otherwise, the respondent may file a motion for 
rehearing within 14 days after the filing of the decision. If the Supreme Court 
directs in the decision that a motion for rehearing may not be filed, the decision is 
final on filing.

Rule 9.227 Immunity
A person is absolutely immune from civil suit for statements and communications 
transmitted solely to the commission, its employees, or its agents, or given in an 
investigation or proceeding on allegations regarding a judge, and no civil action 
predicated upon the statements or communications may be instituted against a 
complainant, a witness, or their counsel. Members of the commission and their 
employees and agents, masters, and examiners are absolutely immune from civil 
suit for all conduct in the course of their official duties.
Rule 9.228 Ethics Materials and Programs
The commission shall work with other groups and organizations, including the State 
Bar of Michigan, to develop educational materials and programs that are designed 
to assist judges in maintaining an awareness and understanding of their ethical 
obligations.