Legislative Analysis
ALLOW COURT OF APPEALS TO SWEAR IN NEW LAWYERS Phone: (517) 373-8080
http://www.house.mi.gov/hfa
House Bill 5204 as reported from committee Analysis available at
Sponsor: Rep. Kelly Breen http://www.legislature.mi.gov
Committee: Judiciary
Complete to 9-24-24
SUMMARY:
House Bill 5204 would amend the Revised Judicature Act to provide that each judicial district
of the Court of Appeals has jurisdiction to admit to the state bar individuals who are qualified
to practice law. Currently, circuit courts and the Michigan Supreme Court have that authority.
The bill would require the chief clerk of the Court of Appeals to do all of the following when
an individual is admitted to the bar by that court: 1
• Administer to the individual the oath for members of the bar, as prescribed by the
supreme court.
• Issue a certificate of admission upon payment of $25.
• Keep a record of the admission in the roll of attorneys and the journal of the court.
• Promptly transmit certified copies of the orders of admission to the State Bar of
Michigan and the clerk of the supreme court.
MCL 600.910 and 600.913
BRIEF DISCUSSION:
To be admitted to the state bar to practice law in Michigan, a new attorney must first pass the
bar exam and then be sworn in by a circuit court judge or justice of the Michigan Supreme
Court, with a filing fee paid to the clerk. 2
In 1961, when these provisions were enacted, Michigan did not have a Court of Appeals. The
Court of Appeals was created by the state constitution of 1963; its enabling legislation was
passed in 1964; and its first cases were heard in January 1965. The legislature did not at that
time also amend the Revised Judicature Act to add Court of Appeals judges to its swearing-in
provisions.
According to committee testimony, if a Court of Appeals judge now wishes to swear in new
attorneys, they must request a special assignment from the Michigan Supreme Court to act as
a circuit judge before they can do so. This can be an inefficient process that involves a lot of
paperwork and staff time.
The bill would eliminate the need for those special assignment requests—and undo what (from
the timing of the relevant legislation) appears to be a 60-year-old oversight—by allowing Court
of Appeals judges to admit qualified individuals to the state bar in the same way as circuit court
judges and Supreme Court justices now do.
1
These procedures are the same as those followed by the clerks of the supreme court and each circuit court.
2
See https://www.michbar.org/professional/step6
House Fiscal Agency Page 1 of 2
FISCAL IMPACT:
House Bill 5204 would have no fiscal impact on the state or on local court systems.
POSITIONS:
A representative of the State Court Administrative Office testified in support of the bill.
(1-17-24)
The following entities indicated support for the bill (1-17-24):
• Michigan Judges Association
• State Bar of Michigan
Legislative Analyst: Rick Yuille
Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 5204 as reported Page 2 of 2


Statutes affected:
House Introduced Bill: 600.910, 600.913
As Passed by the House: 600.910, 600.913
As Passed by the Senate: 600.910, 600.913
House Concurred Bill: 600.910, 600.913