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The Eastern District of Michigan Adopts a New "Civility Plan"

October 01, 1996-The United States District Court, Eastern District of Michigan has recently adopted a new "civility plan". The primary purpose of the plan is to reduce the costs and delays that often occur when lawyers act unprofessionally in court and during the litigation process. The plan is composed of "civility principles" - basic guidelines that cover four areas:

  1. attorneys' responsibilities to other counsel;
  2. attorneys' responsibilities to the court;
  3. the court's responsibilities to attorneys; and
  4. the judges' responsibilities to each other.

Eastern District judges and practitioners are expected to voluntarily follow the guidelines' in any proceeding in the Eastern District, however, there is no enforcement. mechanism for those who do not abide by them.

The civility plan was triggered by the Civil Justice Reform Act of 1990, which applies only to the federal bench. An Eastern District appointed advisory group encouraged the court to adopt a set of civility principles based on an already existing Seventh Circuit Civility plan in response to the Federal Act. In 1994 the Federal Bar Association - Detroit Chapter and the State Bar's U.S. Courts Committee proposed a civility plan. After receiving several comments about the proposed plan and considering all suggestions, a final plan was agreed upon in the fall of 1995 by the Eastern District. Thereafter, the court formally adopted the plan, which went into effect February 5, 1996 as Eastern District Administrative Order (AO) 96-AO-024. The plan will be included in the local rules of the U.S. District Court for the Eastern District of Michigan.

According to Eastern District Court Administrator John Mayer, the plan was not designed, and should not be used, as a disciplinary mechanism. The plan exists in relation to the discipline rules and serves to make attorneys aware of their actions. Rather than automatically imposing sanctions, the plan provides that if an attorney acts in an uncivil manner, the judge will bring that fact to the attorney's attention.

The following are several interesting excerpts from the text of the civility plan. Under the section entitled "Attorneys' Responsibilities to Other Counsel":

Provision 2 states "We will not, even when called upon by a client to do so, abuse or indulge in offensive conduct directed to other counsel, parties or witnesses. We will abstain from disparaging personal remarks or acrimony toward other counsel, parties, or witnesses. We will treat adverse witnesses and parties with fair consideration."

Provision 10 states "We will not use any form of discovery or discovery scheduling as a form of harassment.

Provision 20 states "We will not engage in any conduct during the deposition that would not be appropriate in the presence of a judge."

Under the section entitled "Attorneys' Responsibilities to the Court":

Provision 4 states "We will not engage in conduct that brings disorder or disruption to the courtroom ... and, to the best of our ability, prevent our client and witnesses from creating disorder or disruption."

Provision 8 states "We will act and speak civilly to marshals, clerks, court reporters, secretaries and law clerks with an awareness that they, too, are an integral part of the judicial system."

Under the section entitled "Courts' Responsibilities to Attorneys":

Provision 1 states "We will endeavor to be courteous, respectful and civil to attorneys, parties and witnesses ... recognizing that judges have both the obligation and the authority to ensure that all litigation proceedings are conducted in a civil manner."

Provision 2 states "We will not employ hostile, demeaning or humiliating words and opinions or written or oral communications with attorneys, parties or witnesses."