About the Board
The Attorney Discipline Board is established under the State Bar of Michigan to decide attorney disciplinary matters. It is the body that acts like the judges in a disciplinary case: it hears the evidence and decides whether an attorney committed misconduct and what the discipline should be.
The Board has three members, and one of them serves as president.
What the Board does
- Hears and decides the disciplinary matters that the Attorney Grievance Commission refers to it.
- Conducts hearings and receives evidence from both sides.
- Issues decisions and orders in each case.
- Imposes discipline that is authorized by court rule or other applicable authority.
- Keeps records of its disciplinary proceedings and provides decisions and orders to the Supreme Court as the Court requires.
The Board and the Attorney Grievance Commission
Attorney discipline is split between two bodies so that the one that brings a case isn't the one that decides it.
| Attorney Grievance Commission | Attorney Discipline Board | |
|---|---|---|
| Role | Receives complaints, investigates, and prosecutes | Hears the case and decides it |
| Who acts | The Grievance Administrator prosecutes the case | Three Board members act as the panel |
| Result | Brings the case to the Board | Issues a decision and imposes discipline |
The Board does not investigate or file complaints. It only decides cases that the Attorney Grievance Commission refers to it. To report an attorney, file a complaint with the Commission.
How a case reaches the Board
- A complaint is filedSomeone reports an attorney's conduct to the Attorney Grievance Commission.
- The Commission investigates and decides to proceedIf the evidence shows possible misconduct, the Commission refers the case to the Board.
- The Grievance Administrator prosecutesThe Commission's prosecutor presents the case, and the attorney can respond.
- The Board holds a hearingThe three members receive evidence from both sides.
- The Board issues a decisionThe Board decides the case, issues an order, and imposes discipline if misconduct is found.
The discipline the Board can impose is whatever is authorized by court rule or other applicable authority. That can range from a warning to losing the license to practice law.
How members are appointed
Board members aren't elected. The State Bar Director appoints them, and the Supreme Court has to approve each one.
- The Director appoints a person, but they can't take office until the Supreme Court approves.
- The Court approves or rejects each appointment by majority vote.
- The Court can remove any member at any time by majority vote.
The president
After the three members are appointed, the State Bar Director chooses one of them to serve as president. The president stays in that office until the next general election and can be reappointed as president for up to two additional terms.