Western District proposes amended court conduct rule

The U.S. District Court for the Western District of Michigan is considering changes to its local court conduct rules that would, among other things, specify who can use cell phones, PDAs and laptop computers, where the devices can be used and under what circumstances, and the consequences of violating the rule.

If the amendment is adopted, the court will not be fooling around, folks.

The enforcement mechanism is noteworthy: any device being used outside of the rules "shall" be immediately confiscated either by judicial order or by court security personnel.

Even more noteworthy: violators could face disbarment and criminal contempt of court.

What about getting your equipment back if it's been seized? From the proposed amendment:

"An individual whose device has been confiscated may apply in writing not less than seven (7) days after confiscation for its return. The application shall be made to the judicial officer whose proceedings were disturbed by the violation, or, if there is no such judicial officer, to the chief judge. The judicial officer may grant or refuse the request. Confiscated devices that are not returned, either because no request has been made within the time provided or the request for return has been denied, shall be disposed of in a manner directed by the chief judge."

It's not completely draconian. There's an innocent screw-up exception:

"Nothing in this paragraph shall prohibit the judicial officer or his designee to return a device after the conclusion of a court matter if the violation was totally inadvertent."

The proposed amendment is open for comment through Aug. 1. Full text of the proposed amendment and instructions on how to comment here.

Brush up on bankruptcy trial skills and local court rules

Consumer bankruptcy filings surged in February, with 76,120 new cases nationwide, more than 10,000 from the year before, reports the American Bankruptcy Institute.

"February's bankruptcy spike - the highest single month since the 2005 law changes - forecasts the start of more to come for the balance of 2008," says ABI Executive Director Samuel J. Gerdano.

This could be good time to check out the Litigation Skills Symposium sponsored by the ABI, and the Tulane University Law School at New Orleans. Space is limited.

Locally, there's an April 11 seminar to review and discuss changes (effective May 5) to the Eastern District of Michigan Local Bankruptcy Rules. Two sessions will available at the Trott Financial Center, 31440 Northwestern Highway, Farmington Hills: business bankruptcy rules from 1 to 2:45 p.m. and consumer bankruptcy rules from 3:15 to 5 p.m. Registration info here. The cost is $35 if you don't have a copy of the new rules, $30 if you do. Helpful hint: download the new rules here.

The seminar is sponsored by Consumer Bankruptcy Association, the Debtor/Creditor Rights Committee of the Business Law Section of the State Bar of Michigan, and Detroit Metropolitan Bar Association - Debtor/Creditor Section.