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June
3, 2002
Federal Law Governs Federal Practice
Federal Bankruptcy
Attorney Allan Rittenhouse wins in the United States Court of
Appeals for the Sixth Circuit, reversing the district court's
decision that Rittenhouse's lack of membership in the State Bar
precluded his ability to have a federal-only law
practice. In reversing Judge David
McKeague's unsound decision, the Sixth Circuit stated in the last
line of the case:
"Because
Rittenhouse was properly admitted to the federal bar under the
applicable rule, and because federal standards govern practice
before the federal bar, we reject the bankruptcy court's
determination as adopted by the district court."
Click
here to see the Court's Opinion
June 3, 2003
Admissions Residency Requirements Change
Canadian citizen Todd Branch forces the Michigan Board of Law
Examiners into a settlement wherein the Board agrees to change its
definition of "resident" for the purposes of MCL 600.934.
Click
here to see the Board's Internal Memorandum and the Court's Order
September 3, 2003
The Bar's State Immunity Is Declared Ineffective
In a landmark case decided by the United States Court of Appeals
for the Sixth Circuit, Dennis Dubuc has the State Bar of Michigan's
state-created immunity declared ineffective in a federal question
case. In doing so, the Sixth Circuit stated "While this
provision may immunize the individual defendants from state law
claims, no state law or rule can immunize anyone from liability for
violating the United States Constitution."
Click
here to see the Court's Opinion
October 3, 2003
Admissions Reapplication Policy Changed
The Board of Law Examiners had been punishing individuals who
exercised their First Amendment right to challenge an adverse
"character" recommendation by the State Bar of Michigan.
Specifically, if an applicant appealed the State Bar's decision to
the BLE and still received an adverse decision, the ineligibility
period changed from 3 years to 5 years.
On October 3, 2003, the Michigan Supreme Court, under pressure
from Dennis Dubuc and Frank Lawrence (above) finally changed the BLE
Rules for the benefit of all Bar applicants.
Click
here to see the Court's Order
December, 2003
The State Bar of Michigan's Abuse of the "Character and
Fitness" Process is Discussed In The Michigan Bar Journal
Prominent and highly respected civil rights attorney, Robert D.
Horvath, wrote a three-page article that was published in the
December edition of the Michigan Bar Journal, 82 Michigan Bar
Journal 9 (Dec. 2003). This article discussed Michigan's
"character and fitness" process and provided specific
examples of abuses.
Robert D. Horvath is licensed in both Michigan and Florida.
He is nationally known as a successful attorney who
fights the abuse of power by state officials. His
cases include R.S.W.W.
v. City of Keego Harbor, 397 F. 3d 427 (6th Cir. 2005); Dubuc
v. Michigan Board of Law Examiners, 342 F.3d 610 (6th Cir.
2003), G & V Lounge v. Michigan Liquor Control
Commission, 23 F.3d 1071 (1994), HRSS Inc. v. Wayne County,
279 F. Supp.2d 846 (E.D. Mich. 2003), and R.S.W.W. Inc. v. City
of Keego Harbor, 18 F.Supp.2d 738 (E.D. Mich. 1998).
Click
here to see the Michigan Bar Journal Article
January 8, 2004
National Attention Is Created Over The Significant Problems With The
State Bar's Admissions Policies. The Sixth Circuit Finds In Favor Of
A Picketing Bar Applicant.
In yet another landmark ruling by the United States Court of
Appeals for the Sixth Circuit, E. Stephen Dean creates national
attention over the facts and circumstances of this case. In this
lawsuit, Dean claims that Director of Professional Standards Thomas
K. Byerley threatened him with licensure denial on account of Dean's
picketing.
During oral argument, Byerley's counsel, Deputy Regulation
Counsel of the State Bar Victoria Kremski, made
"misstatements" to the federal appeals panel on Byerley's
behalf. StateBarWatch was there when it happened and StateBarWatch
took action. Click
here to see Kremski's "Correction of a Misstatement".
The Sixth Circuit delivered a clear message that the Michigan
licensing officials are not above the law.
Click
here to see this landmark Opinion
Click
here to listen to Dean's oral argument
Click
here to listen to Kremski's oral argument
StateBarWatch.org is honored to
have the privilege of fighting for the rights of all members (and
future members) of the State Bar of Michigan. If you have
meritorious claims against the State Bar of Michigan, you should
familiarize yourself with these cases and learn from them before
filing suit.
The State Bar of Michigan is
not above the law!
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