AO No. 2022-1 Commission on Fairness and Public Trust in the Michigan Judiciary

November 26, 2025.] Const 1963, art 6, § 1 vests judicial power exclusively in one court of justice. The ability of courts to fulfill their mission and perform their functions is based on the public’s trust and confidence in the judiciary. The judiciary earns that trust and confidence by faithfully performing its duties. In order to increase and maintain public trust and to provide an experience that is accessible, fair, and impartial for all court users, the judicial branch must ensure the one court of justice is fair to all. Therefore, on order of the Court and effective immediately, the Commission on Fairness and Public Trust in the Michigan Judiciary is established. I. Purpose The purpose of the Commission on Fairness and Public Trust in the Michigan judiciary is to assess and work towards elimination of disparities in court experiences within the Michigan judiciary and justice system. The goals of the Commission include: • Develop policies and standards to promote fairness and accountability within the judiciary. • Ensure that all those served by the justice system are heard, valued, and respected. • Create pathways to build a judicial workforce possessing varied and transferrable skillsets to help foster trust in the court system. • Assist local courts with implementation of plans and processes that further fairness and public trust in the judiciary. • Collaborate with other judicial branch commissions, governmental entities, and partners to propose and implement policies aimed at achieving a more fair and just judicial system. II. Duties The Commission will identify and assess disparities in court experiences within the judicial branch and the justice system and develop, coordinate, and implement initiatives to achieve the previously described goals. 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 vicechair 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: 4. 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. The vice-chair or co-chair will perform the duties of the chair in the chair’s absence. IV. Commission Membership

A. Membership shall consist 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 and appointed by the Supreme Court: 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 Administration Association; f. The Michigan State Planning Body; g. The Michigan Indigent Defense Commission; h. The Justice For All Commission; i. The Michigan Association of Counties; j. The Prosecuting Attorneys Association of Michigan; k. The Association of Black Judges of Michigan; l. The Board of Commissioners from the State Bar of Michigan membership;

m. The Michigan Tribal State Federal Judicial Forum. 6. One member each, appointed by the Supreme Court, from the following additional bodies/stakeholder groups: a. An administrator or faculty member of a Michigan ABA accredited law school; b. Four members of various bar associations; c. 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. Members serving on the commission as of November 26, 2025 remain the appointed members of the Commission on Fairness and Public Trust in the Michigan judiciary. Their term expiration dates and terms served will remain the same as when they were originally appointed. 2. The Executive Team must implement a process for reviewing future recommendations and applications and for making recommendations to the Michigan Supreme Court for appointments and reappointments that are based on commitment to the purpose and goals of the Commission.

C. Terms – With the exception of the 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 may not consecutively serve more than two full terms. A member who has consecutively served two full terms may subsequently be eligible to be reappointed after not serving for a full term. Initial terms will commence on the date of appointment and may be less than three years to ensure that the terms are staggered. 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.

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 as provided in Section IV.C.

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.