FOCUS: "The Supreme Court and
the Idea of Constitutionalism”: Conference at Michigan State University,
January 26-28
A free conference addressing the place of the Supreme Court in American
political life will take place at Michigan State University's Kellogg
Center from Jan. 26 through Jan. 28. It is sponsored by the MSU Symposium
on Science, Reason, and Modern Democracy.
The conference
will bring together more than 25 of the country’s
most prominent scholars on constitutionalism to discuss the place of
the Supreme Court in the constitutional framework of the United States
from a variety of disciplinary or methodological perspectives. Bruce
Cole, chairman of the National Endowment for the Humanities, will be
the keynote speaker.
There will be six
sessions: three on Friday, two on Saturday,
and one on Sunday. All sessions are free and open to the public. No
registration is required. View full schedule
For further information, contact Karen Battin at battink@msu.edu or
355-2167
In
the Capitol
The
94th State Legislature will begin regularly scheduled sessions days the
week of January 22.
View
2007 House of Representatives Session Schedule
View
2007 Senate Session Schedule
New
Public Acts
Legislation
Introduced 1/10
Of
Interest to the Legal Community
SB
6 Criminal procedure; sentencing; sentencing individual convicted
as a juvenile to imprisonment for life without parole eligibility;
prohibit.
SB
9 Corrections; parole; parole of certain juvenile offenders sentenced
to imprisonment for life; allow. TIE BAR WITH: SB
0006'07
Of
General Interest
SB
2 Campaign finance; public disclosure; disclosure of committees
that employ and registration of persons who make "robocalls" in
campaigns; require.
SB
3 Elections; campaign practices; do-not-call list for automated
political telephone calls; provide for.
SB
5 Health; occupations; scope of practice for marriage and family
therapists; clarify.
SB
10 Elections; voters; election by mail; implement.
SB
12 Elections; absent voters; qualifications for voting absentee;
eliminate.
SB
13 Elections; registration; registering to vote on day of election
and voting at that election; allow.
In
the Hall of Justice
The
Michigan Supreme Court will hold an administrative public hearing on Wednesday,
January 17, 2007, from 9:30 to 11:30 a.m. in the Supreme Court courtroom
located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa
Street, Lansing, Michigan 48915.
Public
Hearing Agenda
Confidentiality
of Supreme Court Deliberations to be Discussed at January 17 Public
Hearing; Asbestos Anti-Bundling Rule and Jury Proposals also on Agenda
Agenda items of
interest:
2002-09
- Proposed Adoption of Rules 3.904 and 5.738a of the Michigan Court Rules
Published at
477 Mich 1201-1202 (Part 1, 2006).
Issue: Whether
to adopt MCR 3.904, which would allow family division courts to use two-way
interactive video technology to conduct certain hearings for delinquency
and child protective proceedings in accordance with requirements and
guidelines set forth by SCAO. Whether to adopt MCR 5.738a, which would
allow probate courts to use two-way interactive video technology to conduct
hearings concerning initial involuntary treatment, continuing mental
health treatment, and petitions for guardianship involving persons receiving
treatment in mental health facilities in accordance with requirements
and guidelines set forth by SCAO. All proceedings in both the family
division and the probate courts would be required to be recorded verbatim
by the court.
Committee
on Justice Initiatives Position: Oppose
Family
Law Section Position: See
Report
2005-19
Proposed Adoption of the Amendment of Rules 2.512, 2.513, 2.514,
2.515, 2.516, and 6.414 of the Michigan Court Rules
Published at
475 Mich 1223-1236 (Part 3, 2006).
Issue: Whether
to adopt amendments of MCR 2.512, 2.513, 2.514, 2.515, 2.516, and 6.414
that would enhance the quality of the jury’s deliberative process
and further the truth-seeking function of the jury trial.
State
Bar Position: See
Report
2005-41
Proposed Adoption of New Rule 19 of the Rules Concerning the State
Bar of Michigan
Published at
477 Mich 1205-1207 (Part 1, 2006).
Issue: Whether
to adopt SBR 19 that would codify the practice of the State Bar of Michigan
with regard to ensuring the confidentiality of records maintained relating
to various state bar programs.
State Bar Position: Support
2006-05
Proposed Adoption of the Amendment of Rules 6.610, 6.625, and 7.103
of the Michigan Court Rules
Published at
475 Mich 1216-1218 (Part 3, 2006).
Issue: Whether
to adopt rule amendments based on suggestions of the Representative Assembly
of the State Bar of Michigan, as revised by the Court, that would ensure
that individuals who are convicted in district court are aware of their
right to counsel under Halbert v Michigan, 545 US ____ (2005).
Appellate
Practice Section: See
Report
| Proposed
Amendments
2006-45
- Proposed Amendment of Rule 5.307 of the Michigan Court Rules
The proposed amendment of MCR 5.307 would eliminate the ability to
reduce the value of property by the amount of secured loans for purposes
of determining the inventory fee. The proposed amendment would conform
the court rule to the requirement for setting the inventory fee in § 871
of the Revised Judicature Act, MCL 600.871, as expressed in Wolfe-Hadad
Estate v Oakland Co, 272 Mich App 323 (2006).
Issued:
January 9, 2007
Comment period expires: May 1, 2007
Public Hearing: To be scheduled
2005-04
- Proposed Amendment of Rules 3.963 and 3.965 of the Michigan Court
Rules
Effective January 1, 2007, an amendment to 3.963(B)(1) reflects the
reality the Family Division judges or referees are not always presented
with a petition when a request is made to remove a child from the home.
In emergency circumstances, a police officer or social worker may seek
the court’s permission to
remove a child from a home, but will not have an opportunity to draft a petition
before seeking the child’s removal. Other changes require orders authorizing
the removal of a child to be in writing. The current proposed amendment also
clarifies that the court should make a “reasonable efforts” finding
at the child’s removal, or within 60 days of the child’s removal
under MCR 3.965, or make a finding that “reasonable efforts” are
not required.
Effective
January 1, 2007, amendments to MCR 3.965(D)(2) conform the rule language to
that of recent amendments of the “reasonable efforts” language
in MCL 712A.19a, as amended by 2004 PA 473, and make its language consistent
with the proposed “reasonable efforts” language in MCR 3.976(B)(1).
The amendments add language to clarify that a court can determine that
reasonable efforts to prevent removal have been made or can determine
that reasonable efforts to prevent removal are not required due to aggravated
circumstances.
Issued:
January 9, 2007
Comment period expires: May 1, 2007
Public Hearing: To be scheduled
Other
Actions
2006-01
- Appointment of Chief Judge of the 50th Judicial District Court
Issued:January 9, 2007
Effective:January 8, 2007
At
the Bar
Judicial Vacancy – 48
Circuit Court
Hon. Harry A. Beach is vacating his seat on the 48th Circuit Court. State Bar
members interested in applying for the judgeship should submit an application
by January 29, 2007.
View
Information
ABA:
ABA TECHSHOW® Takes Place March 22-24 in Chicago
Federal
News
Official
Attacks Top Law Firms Over Detainees
(New York Times,
1/13/07)
State
News
Granholm
Seeks Help on Budget Dilemma
(Lansing State Journal, 1/11/07)
Budget
Expected to Dominate Talk in 94th Legislature
(Lansing State Journal, 1/11/07)
Lawmakers
Gear Up to Return to Capitol
(Lansing State Journal, 1/9/07)
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