AO No. 2022-1 — Commission on Diversity, Equity, and Inclusion in the Michigan Judiciary
[Entered January 5, 2022; language as amended by order entered on May 12, 2022.]
In January 2021, the Michigan Supreme Court and the State Court Administrative Office created a Diversity, Equity, and Inclusion Committee with the initial goal of exploring issues related to the demographics of the workforce that support our judiciary and training within the judicial branches. The Committee’s work grew to include exploration of other topics that impact our communities. On October 1, 2021, the Committee presented a report to the Supreme Court that included a recommendation that the Court create an ongoing interdisciplinary Commission to continue and build on the work that has been done to date. Therefore, on order of the Court, the Commission on Diversity, Equity, and Inclusion in the Michigan Judiciary is created, effective immediately.
I. Purpose
The purpose of the Commission on Diversity, Equity, and Inclusion in the Michigan Judiciary is to assess and work towards elimination of demographic and other disparities within the Michigan judiciary and justice system. The goals of the Commission include:
·Develop policies and standards to promote diversity, equity, and inclusion;
·Assist the judicial branch with elimination of disparities within the justice system;
·Increase participation of members from under-represented communities in judicial branch leadership;
·Assist local courts with implementation of diversity, equity, and inclusion plans and processes;
·Collaborate with other judicial branch commissions, governmental entities, and private partners to propose and implement policies aimed at achieving a more diverse, equitable, and inclusive justice system.
II. Duties
The Commission will assess the demographic and other disparities within the judicial branch and the justice system and develop, coordinate, and implement initiatives to achieve the previously described goals. Toward this end, the Commission is directed to work with an expert facilitator to develop a strategic plan to guide the initial work of the Commission.
III. Commission Leadership
A. Executive Team – The leadership, direction, and administrative support for the Commission’s activities is provided collaboratively by the State Court Administrative Office and other Supreme Court staff, the State Bar of Michigan, and the Michigan State Bar Foundation. The co-chairs (or chair and vice-chair) of the Commission, State Court Administrator, the Executive Director of the State Bar of Michigan, and the Executive Director of the Michigan State Bar Foundation, or their designees, constitute the Executive Team. Duties of the Executive Team include:
1. Preparing meeting agendas;
2. Providing data required for Commission deliberations;
3. Identifying and pursuing third party funding sources for Commission initiatives; and
4. Preparing a biennial report for the Supreme Court.
B. Co-Chairs or a Chair and Vice-Chair – Either two co-chairs or a chair and vice-chair will be appointed by the Court as leadership for the Commission. Individuals selected for these leadership positions shall serve two-year terms and may be reappointed.
1. Initial appointments – Individuals selected for (co)chair/vice-chair positions when the Commission is first constituted shall serve their initial two-year term regardless of their continued membership in the groups outlined in Section IV.A.
2. After the initial selection, individuals selected for the (co)chairs/vice-chair positions shall be chosen from the membership of the Commission upon recommendation of the Executive Team to the Supreme Court.
3. Duties of the Chair(s) include:
a. Presiding at all meetings of the Commission;
b. Approving a draft agenda for Commission meetings; and
c. Serving as the official spokesperson of the Commission.
4. The vice-chair or co-chair will perform the duties of the chair in the chair’s absence.
IV. Commission Membership
A. Membership shall be comprised of 25 members from the following groups:
1. A sitting Justice of the Michigan Supreme Court;
2. The State Court Administrator, or designee;
3. The Executive Director of the State Bar of Michigan, or designee;
4. The Executive Director of the Michigan State Bar Foundation, or a designee;
5. One member each, recommended by the following:
a. The Michigan State Planning Body;
b. The Michigan Indigent Defense Commission;
c. The Justice For All Commission;
d. The Michigan Association of Counties;
e. The Prosecuting Attorneys Association of Michigan;
f. The Association of Black Judges of Michigan;
g. The Board of Commissioners from the State Bar of Michigan membership;
h. The Michigan Tribal State Federal Judicial Forum.
6. One member each, appointed by the Supreme Court, from the following bodies/stakeholder groups as members:
a. The Michigan Court of Appeals;
b. The Michigan Judges Association (Circuit Court Judge);
c. The Michigan District Judges Association;
d. The Michigan Probate Judges Association;
e. The Michigan Court Administrators Association;
f. An administrator or faculty member of a Michigan ABA accredited law school;
g. Four members of various affinity and/or special purpose bar associations (as defined by the Commission’s Executive Team);
h. Three community members with contacts with the justice system.
B. Appointments. With the exception of the members who will serve by virtue of their status (See Section IV.A.2 to IV.A.4), the Supreme Court shall appoint all members of the Commission.
1. Within 60 days of entry of this order, the groups identified in Section IV.A.5 shall submit the names of their initial recommended designee to the Executive Team for consideration.
2. The Executive Team will promptly establish a process to solicit and receive applications for membership for the initial appointment of groups identified in Section IV.A.6.
3. Within 120 days of entry of this order, the Executive Team will submit to the Court its recommendations for the initial Commission members described in subsection 1 and 2 above, and the Court will appoint the Commission members within 30 days thereafter.
4. After initial appointments are complete, the Executive Team will develop and implement a process for receiving future recommendations and applications and for making appointments and reappointments based on commitment to the purpose and goals of the Commission and to ensure diversity of membership.
C. Terms – With the exception of the appointments of a sitting Michigan Supreme Court Justice, the State Bar of Michigan Executive Director, the Michigan State Bar Foundation Executive Director, and the State Court Administrator, members of the Commission will be appointed for three year terms and will be limited to serving two full terms. A member may be re-appointed. Initial terms will commence on the date of appointment and may be less than three years to ensure that the terms are staggered with initial terms of one-year, two-years, and three-years. All members appointed or reappointed following these inaugural terms will serve three-year terms. After initial appointment, all terms commence January 1st of each calendar year.
Justice Elizabeth M. Welch and Judge Cynthia D. Stephens are appointed to the Commission and shall serve as the initial co-chairs.
D. Vacancy – The Executive Team may declare a vacancy exists if a commissioner resigns from his or her position from the Commission or moves outside of Michigan or a commissioner does not attend two consecutive meetings without being excused by the chair or co-chairs. If the vacancy is from a group identified in Section IV.A.5, that group shall recommend for appointment another person to fill the vacancy. In the event of other vacancies on the Commission, the Executive Team will recommend to the Supreme Court appointment of a replacement member who will serve the remainder of the term of the former incumbent. After serving the remainder of the term, the new member may be reappointed for no more than two full consecutive terms.
V. Meetings, Committees, and Workgroups
A. The Commission will establish operating procedures for conducting meetings. The procedures will be available to the public.
B. The Commission may establish Workgroups or Subcommittees as needed to facilitate or accomplish the work of the Commission.
C. The Executive Team may invite individuals whose particular experience and perspective is needed or helpful to assist with the Commission’s work, including participation in Workgroups or Subcommittees.
VI. Staffing and Administration
A. The State Court Administrative Office and other Supreme Court staff will provide administrative support to the Commission.
B. If funding is received by the Commission, the Michigan State Bar Foundation may serve as fiscal agent for the funds.
VII. Compensation
A. Members of the Commission will serve without compensation.
VIII. Reporting Requirement
A. The Commission will file a biennial report with the Supreme Court about the Commission’s activities and progress during the previous 24-month period and its goals for the next 24 months. The biennial report will be available to the public on the Court’s website.
B. The Commission may make additional information, data, presentations, and publications available to the public and may solicit public comment concerning the Commission’s work.