OCBA UPDATE: The one where Mr. Kashef goes to Lansing â?¦

I have always loved movies, especially old movies. By "old" I am not referring to something from the 2000s, '90s, or even the '80s; I am referring to all-time great movies like "Casablanca" or "From Here to Eternity" starring actors such as Clark Gable, Humphrey Bogart, and Katharine Hepburn. Among the greats from Hollywood's Golden Age, Jimmy Stewart is probably my favorite. Jimmy Stewart patented the magical combination of honesty, courage, and likability that every "everyman hero" thereafter has sought to match. One of Jimmy Stewart's best performances (though often overlooked due to the shadow of a certain Christmastime film made by the same director, Frank Capra) is in "Mr. Smith Goes to Washington." In the film, Jimmy Stewart's character, Jefferson Smith, receives the unlikely appointment to serve as a senator in the United States Senate. Mr. Smith travels to Washington, D.C., from an unnamed western state as a wide-eyed idealist whose idealism is met by the harsh realities, cynicism, and self-interest of politics. Despite its clear depiction of the less attractive aspects of politics, ultimately, the film underscores the optimism and miracle of the American political system. Given my love for this film and its message, I could not help but think about it when I was asked by the Michigan House of Representatives Judiciary Committee to offer testimony as president of the Oakland County Bar Association regarding House Bills 4222 and 4223, which relate to the Michigan Court of Claims. Other than when I've voted for elected officials, I have never been so directly involved in the federal or state political process. It was an honor and a privilege to sit before the committee and give testimony on behalf of our membership. The Michigan Legislature has established the Court of Claims for the litigation of disputes against the state of Michigan and its officials and agencies. In 2013, the state Legislature moved cases in the Court of Claims from Ingham County Circuit Court to the Michigan Court of Appeals. Specifically, HBs 4222 and 4223 seek to move the jurisdiction of the Court of Claims from the Michigan Court of Appeals to an independent group of circuit court judges from around the state who are appointed by the Michigan Supreme Court. Opponents of HBs 4222 and 4223 have stated a preference that the Court of Claims cases be returned exclusively to Ingham County Circuit Court. For years, the OCBA has monitored the impact of state legislation on the practice of law, which falls within our mission of serving the professional needs of our members, improving the justice system, and ensuring the delivery of quality legal services to the public. Principal responsibility for reviewing pending legislation that may impact our members has fallen to the OCBA's Legislative Committee, which has been led for years by Sheldon Larky and is now co-chaired by former state Rep. Klint Kesto. The Legislative Committee makes recommendations to the OCBA's board of directors as to whether the board should support or oppose the legislation, and the board then decides whether to take a position. The OCBA does not give positions with regard to all legislation that impacts the practice of law. We generally do not opine on issues that are highly politicized (auto no-fault law) or that we anticipate will have a broad range of perspectives within our membership (again, auto no-fault law). In the case of HBs 4222 and 4223, the OCBA board of directors approved my delivery of testimony because we believe the proposed legislation is beneficial to the members of our association. It was also significant that the proposed legislation has bipartisan support, is supported by the State Bar of Michigan, and has the support of several judicial associations (including the Michigan Judges Association) and the State Court Administrative Office. The model for selection of Court of Claims judges (selected by the chief justice of the Supreme Court) is similar to the process used to select the state's business court judges; we believe this model will bring a level of balance and learned expertise because it will result in a set of trial judges from around the state serving as judges of the Court of Claims. In addition, the board of directors supports the diversity of geographic perspectives the House bills attempt to ensure. In any court body - within a county circuit, a panel of the Michigan Court of Appeals, or the Michigan Supreme Court - diversity of judicial perspectives is always a good thing. The Court of Claims is, by definition, a single statewide jurisdiction created to adjudicate disputes between litigants and the state of Michigan or its agencies. As the state of Michigan consists of 83 counties, it stands to reason that no single county should serve as the sole geographic representative on the Court of Claims. I offered testimony in June, and by the time of the writing of this article, HBs 4222 and 4223 were unanimously approved out of committee and passed through the state House. HB 4222 was passed by an 84-23 vote, and HB 4223 was passed by an 83-24 vote. The legislation is now with the state Senate and may go before Gov. Gretchen Whitmer for signature. Mr. Kashef went to Lansing and, on behalf of the OCBA, had a small role related to significant legislation impacting the practice of law in the state. It was an experience I will never forget. -------- Kaveh Kashef, of Butzel Long PC, is the 89th president of the Oakland County Bar Association. Published: Tue, Sep 28, 2021