State Bar of Michigan Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the State Bar of Michigan, with full citations and source links on every page.
No State Bar of Michigan opinions match these filters
Try a different search term or clear the filters.
Can a Michigan judge serve on a board that awards grants, and must the judge recuse when a grant recipient later appears as a party?
A judge may serve on and make grant recommendations for a law-improvement organization, and is not automatically disqualified from a grant recipient's later cases, but should disclose and recuse where…
Can a lawyer who is running against a sitting judge keep representing clients in cases before that same judge?
The opinion concludes there is no per se bar. The lawyer-candidate may continue the representation but must disclose the candidacy to the client at the earliest opportunity under MRPC 1.4(b) and decid…
Must a Michigan judge recuse when one of the lawyers in a case is running for the judge's own seat in the upcoming election?
No, the judge is not per se disqualified, but should disclose that the advocate is a candidate for the judge's seat and may proceed unless a timely disqualification motion is granted; no disclosure is…
Can a Michigan judge host, and accept payment for hosting, a commercially-sponsored cable television talk program?
No. Hosting a commercially-sponsored program identified with the judge uses the prestige of office to advance business interests and can reflect on the judge's impartiality; a paid host who is an empl…
Can a lawyer who represents a judge also appear before that judge for other clients in unrelated matters, and what must the lawyer do about disqualification?
Representing the judge is a conflict that the non-judicial client can consent to, but if the judge does not raise disqualification as the Judicial Code requires, the lawyer who continues the matter vi…
Can a Michigan judge married to a non-supervisory assistant prosecutor preside over the prosecutor's office's cases without each party's consent?
If the spouse is non-supervisory, not involved in the matter, and screened, the judge is not automatically disqualified and may preside after disclosure; any party may still move to disqualify, and re…
Must a Michigan judge married to an assistant prosecutor recuse on a defendant's request even when the spouse had no involvement in the case?
Yes. The judge must disclose the marital relationship whenever the prosecutor's office appears and is recused unless the parties voluntarily ask the judge to proceed; the parties may require disqualif…
Can a part-time Michigan family court referee represent private clients before the judges who appoint and supervise the referee, or before other referees in the same circuit?
A part-time referee may not appear in domestic-relations matters before the appointing or supervising judges (absent waiver or a visiting judge) or before other referees in the same circuit, but may t…
Is an administrative hearing officer disqualified from a case after filing a grievance against the lawyer appearing before them?
The opinion concluded that an administrative hearing officer is not directly governed by the Code of Judicial Conduct, and is not disqualified from a matter merely because the officer filed a grievanc…
Can a Michigan judge join an investment club whose members include lawyers who might appear before the judge?
A judge may join an investment club with no lawyer members, and may join one with lawyer members only if those lawyers are not likely to appear before the judge; if a lawyer member does appear, the ju…
Can a Michigan judge accept installment or lump-sum payment for selling a former law practice, and must the judge recuse when the buyer appears?
Accepting reasonable compensation for a practice sold under MRPC 1.17 is not the practice of law and is permitted, but when the buying lawyer or firm appears before the judge the judge must disclose t…
How did the 1995 amendments to Michigan's judicial-disqualification rule change prior ethics opinions, and when can parties waive a judge's disqualification?
Prior disqualification opinions must be reread against the amended MCR 2.003, and the new remittal procedure lets parties waive a judge's disqualification in every circumstance except personal bias or…
Must a Michigan judge whose spouse is a supervising assistant prosecutor recuse when the prosecutor's office appears, and can the judge offer a waiver?
The judge must disclose the relationship, the appearing prosecutor must disclose whether the spouse participated personally and substantially, and the judge is recused unless the parties voluntarily a…
If a lawyer serving on an administrative board finds material added to a case file after the close of proofs, what must the lawyer do?
The opinion concluded that the lawyer must disclose the material to the appropriate authorities and all interested parties; the lawyer is disqualified from the matter only if the lawyer cannot decide …
Can a lawyer who sits on the county board that funds the courts still appear as an advocate before those courts in Michigan?
The opinion concluded there is no per se bar to a lawyer-commissioner appearing before courts the county board funds, but the lawyer may not handle matters adverse to the county, matters in which the …
When a private law firm defends a court's judges in suits over their official acts, must those judges step aside or disclose when that firm appears before them in unrelated cases?
The judge must disclose the lawyer-client relationship to the parties and their counsel whenever a member of the firm representing the judges appears as an advocate; recusal is then a question of law …
Does a judge have to recuse just because the judge personally knows a lawyer or party in the case?
The opinion concluded that a judge's personal acquaintance with a lawyer or party, without more, is not grounds for automatic recusal; the judge should disclose any concern about the appearance of bia…
When a Michigan appellate judge is sued or threatened with suit, must the judge recuse from unrelated cases involving the lawyers or trial judge in the judge's own matter?
Recusal is not automatic absent actual bias, but the judge should consider voluntary recusal, disclose the relationship, and seriously consider any recusal request; the judge should step aside from re…
Is a Michigan judge automatically disqualified when the judge and the judge's former firm are codefendants in a malpractice suit and that firm appears before the judge?
Yes. While the malpractice action is pending, the disqualification is absolute and non-waivable: the judge may not preside over any matter in which the former firm, or the firm defending them both, ap…
Can a Michigan judge who is leaving the bench negotiate for private employment with lawyers or firms that appear before the judge?
A judge may not negotiate for employment with a party or lawyer in a matter the judge is handling personally and substantially; once negotiations begin, the judge should recuse from that party's or fi…
When must a judge step aside because of ties to a former law firm, ongoing buy-out payments, a relative at a firm, or prior service as a city commissioner?
A judge is automatically disqualified for two years from cases brought by a firm the judge belonged to; most continuing financial or family ties require only disclosure and recusal unless a party asks…
Can a Michigan judge appoint a private domestic-relations lawyer as a part-time referee and government liaison attorney, and must the judge then recuse from that lawyer's cases?
The judge may make the appointments, and the same lawyer may hold both roles, if the practitioner observes the conflict and screening limits of the referee and government-lawyer rules; the appointing …
Can a retired Michigan judge who takes visiting-judge assignments also serve as a private mediator or arbitrator?
Yes, if the retired judge does not mediate or arbitrate during a judicial assignment, is disqualified as judge from matters in which the judge mediated or arbitrated (and vice versa), and the work doe…
Is a Michigan judge disqualified when a lawyer rents commercial property that is owned by the judge's spouse rather than the judge?
Yes, the appearance of impropriety is the same as if the judge owned the property; the judge must disclose the relationship and may sit only with the parties' consent, and should ask the spouse to div…
When can married, cohabiting, or dating lawyers represent opposing parties in the same matter, and when must a judge step aside?
Related lawyers are not automatically disqualified from opposing each other, but spouses must disclose the relationship and obtain client consent, and cohabiting and (in close cases) dating lawyers sh…
Is a Michigan judge who owns an office building disqualified when a lawyer who rents space there appears before the judge?
A landlord-judge / tenant-lawyer relationship creates an appearance of impropriety when the lawyer appears before the judge; the judge must disclose it and may sit only with the parties' consent, and …
If a lawyer serves part-time as a domestic relations referee, can the lawyer's firm appear before the referee, and can the lawyer act as referee or counsel in matters from the other role?
A part-time referee may later represent a party in a matter handled as referee only with all parties' consent (and firm screening), may not hear matters the referee handled as a lawyer, and is disqual…
If a new judge referred a former client's case to a law firm and stands to collect a referral fee if the case wins, must the judge recuse whenever that firm appears on unrelated matters?
Yes; while the judge keeps a financial interest in the outcome of the referred case, the judge should not hear any matter handled by a lawyer connected with that firm, to protect the appearance of an …
Browse State Bar of Michigan opinions by topic
Legal ethics opinions from the State Bar of Michigan interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.