The Michigan Supreme Court, at its administrative hearing on June 17th, adopted by a five to two vote, an addition of section (b) to the Michigan Rule of Evidence 611, "Mode and Order of Interrogation and Presentation" stating that "The court shall exercise reasonable control over the appearance of parties and witnesses so as to (1) ensure that the demeanor of such persons may be observed and assessed by the fact-finder, and (2) to ensure the accurate identification of such persons."
The proposal to amend the rule came about as a result of a case in which a district judge dismissed a plaintiff's case following her refusal to remover her hijab or face veil during testimony. The plaintiff later sued the judge in federal court claiming a civil rights violation. The matter is still pending before the U.S. Court of Appeals.
Chief Justice Kelly and Justice Hathaway opposed the amendment, asking that the ACLU language--'no person shall be precluded from test...