Michigan Constitution

Article VI, § 5 — Court rules; distinctions between law and equity; master in chancery

Michigan Const. art. VI, § 5

This text of Michigan Const. art. VI, § 5 (Court rules; distinctions between law and equity; master in chancery) is published on Counsel Stack Legal Research, covering Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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ArticleVI
Section§ 5
CitationMichigan Const. art. VI, § 5
Bluebook
Mich. Const. art. VI, § 5.

Full Text

Sec. 5. The supreme court shall by general rules establish, modify, amend and simplify the practice and procedure in all courts of this state. The distinctions between law and equity proceedings shall, as far as practicable, be abolished. The office of master in chancery is prohibited.

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History

History: Const. 1963, Art. VI, § 5, Eff. Jan. 1, 1964.; Constitutionality: The State of Michigan, through the combined actions of the Supreme Court, the Legislature, and the State Bar, may compulsorily exact dues, and require association of attorneys, to support only those duties and functions of the State Bar which serve a compelling state interest and which cannot be accomplished by means less intrusive upon the First Amendment rights of objecting attorneys. Falk v State Bar, 418 Mich 270; 342 NW2d 504 (1983). The regulation of the practice of law, the maintenance of high standards in the legal profession, and the discharge of the profession’s duty to protect and inform the public are purposes in which the State of Michigan has a compelling interest justifying unavoidable intrusions on the First Amendment rights of attorneys; on the other hand, political and legislative activities are impermissible intrusions, as are activities designed to further commercial and economic interests of the members of the bar. Falk v State Bar, 418 Mich 270; 342 NW2d 504 (1983).; Former constitution: See Const. 1908, Art. VII, § 5.

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Bluebook (online)
Michigan Const. art. VI, § 5, Counsel Stack Legal Research, https://law.counselstack.com/constitution/mi/VI/5.