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In
the Capitol
Committee
meetings of interest for the week of 1/18.
1/20/04
House Judiciary
Agenda item: HB
5307 Uniform principal and income act.
1/20/04
Senate Judiciary
Agenda items:
HB
5120 Crime of operating a vehicle with bodily content of certain controlled
substances; HB
5129 Procedures for selecting persons for jury service; HB
5199 Release of individual convicted of criminal sexual conduct against
minor on bail pending sentencing or appeal; HB
4802 Prohibited conduct with regard to telecommunications access;
HB
4916 Prohibited conduct with regard to telecommunications access.
Complete
Committee Meeting List
Capitol Agenda
View
Full Text (Detroit News, 1/10/04)
In
the Hall of Justice
Frank J. Greco Named Chief Commissioner of Michigan Supreme Court
View
Full Text (Michigan Supreme Court, 1/13/04)
Judge Gary McDonald Mourned by Michigan Supreme Court, Michigan Court
of Appeals
View
Full Text (Michigan Supreme Court, 1/14/04)
At
the Bar
SBM
Partners With ICLE To Launch Michigan Law Online
View
Full Text
The Board of Commissioners
met on Friday, January 16th. The following public policy positions were
adopted during their meeting. All positions were adopted by unanimous
vote except where noted. Specific roll call votes can be requested by
calling (517) 346-6325 or e-mailing ELYON@mail.michbar.org.
2003-47 In Re-Petition for Administrative Order or Court Rule Establishing
Inactive Asbestos Docketing System - The proposal seeks comments regarding
possible action by the Supreme Court to issue either an Administrative
Order or Court Rule establishing an inactive asbestos docketing system.
The Court welcomes comments in consideration of this proposal.
Order entered: September 11, 2003
Comment period expired: January 1, 2004
Public Hearing: January 29, 2004
POSITION: No position. Authorization granted to
the Civil Procedure and Courts Committee to advocate its position. (The
Civil Procedure and Courts Committee opposes
2003-47; see Sections and Committees.)
2003-60
Proposed Amendment of Rule 5.125 of the MCR - The proposed amendment
would add such entities as insurance companies to the list of interested
persons who must receive notice of a proceeding for an examination of
an account of a fiduciary, if the insurer potentially might be liable
for all or part of the relief sought.
Order entered: November 25, 2003
Comment period expires: March 1, 2004
Public Hearing: To be scheduled
POSITION: Oppose. Rationale: the language of (C)(6)(f),
which requires notification of entities “such as other persons whose
interests are affected by the relief requested” to the list of interested
persons, is vague and overbroad and consequently would be burdensome to
the petitioner.
HB
4772 (Vander Veen) – Family law, friend of the court; administrative
adjustment in the income withholding order to account for arrearages;
allow and provide enforcement procedures for noncompliance by employers.
Status: 07/03/03– Referred to Senate Families and Human Services
Committee
POSITION: No position. Authorization granted to
the Legal Aid Committee to advocate its position. (The Legal Aid Committee
opposes HB 4772.)
HB
4810 (Pastor) – Civil procedure; costs and fees; threshold for
requiring attorney fee to be paid by party that rejected mediation; revise.
Status: 06/05/03 – Referred to House Judiciary Committee
POSITION: Oppose in principle. Rationale: the language
of the bill may result in forced settlements.
HB
4983 (Tobocman) – Occupations, service occupations; Consumer
protections, other; State agencies (existing), consumer and industry services.
Status: 07/16/03 – Referred to House Criminal Justice Committee
POSITION: Support in principle. Rationale: the bill
addresses an unauthorized practice of law phenomenon that adversely affects
immigrant populations.
SB
245 (Switalski) - Civil procedure; costs and fees; transcript fee;
increase.
Status: 03/04/03 - Referred to Senate Judiciary Committee
POSITION: Support in principle. Rationale: the
Bar supports adequate funding for this service, and notes that statutory
transcript fees have not been increased since 1987. At the same time,
the State Bar recognizes the need for waivers to be granted to parties
unable to afford transcript fees. The Bar further recommends that the
work product of the Records Production Work Group currently reviewing
transcript production be taken into consideration in any considerations
concerning the amount of any fee increase.
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SB
689 (Goschka) – Torts; malpractice; liability of emergency
room physicians; limit in certain circumstances.
Status: 09/16/03 – Referred to Senate Judiciary Committee
POSITION: No position. Authorization granted to
the Civil Procedure and Courts Committee to advocate its position. (The
Civil Procedure and Courts Committee opposes SB 689.)
SB
690 (Goschka) - Torts; malpractice; statute of limitations extension
for fraudulent concealment in medical malpractice action; require plaintiff's
sworn statement of facts.
Status: 09/16/03 - Referred to Senate Judiciary Committee
POSITION: Active
opposition (roll call vote). Rationale: Given the nature of fraudulent
concealment cases, requiring a plaintiff to produce evidence that proves
facts independent of his/her sworn statement would be too burdensome.
SB 788 (Hardiman) - Courts; judges; number of judgeships in the
seventeenth judicial circuit; increase.
Status: 10/23/03 Referred to Senate Judiciary Committee
POSITION: Support in principle.
POSITION RESOLUTION (roll
call vote):
The State Bar of Michigan supports the following:
1) Automatic reviews of child support, with discretion to Friend of
the Court to consider all relevant material.
2) Friend of the Court to maintain discretion to make recommendations
outside of the guidelines where appropriate.
Sections
and Committees
The
Civil Procedure and Courts Committee submitted the following recommendations
for State Bar action on public policy issues. For a faxed copy of the
complete report, please call (517) 346-6325 or email
ELYON@mail.michbar.org.
2003-47
In Re-Petition for Administrative Order or Court Rule Establishing Inactive
Asbestos Docketing System - The proposal seeks comments
regarding possible action by the Supreme Court to issue either an Administrative
Order or Court Rule establishing an inactive asbestos docketing system.
The Court welcomes comments in consideration of this proposal.
POSITION:
Oppose.
2003-60
Proposed Amendment of Rule 5.125 of the MCR - The proposed amendment
would add such entities as insurance companies to the list of interested
persons who must receive notice of a proceeding for an examination of
an account of a fiduciary, if the insurer potentially might be liable
for all or part of the relief sought.
POSITION:
Oppose.
Federal
News
Justices Allow Policy of Silence on 9/11 Detainees
View
Full Text
(New York Times, 1/13/04)
Bush's Power to Plan Trial of Detainees Is Challenged
View
Full Text
(New York Times, 1/16/04)
Supreme Court Upholds Police Roadblocks
View
Full Text
(Lansing State Journal, 1/14/04)
Congress Reconvenes Tuesday To Open Election-Year Session
View
Full Text
(Washington Post, 1/18/04)
State
News
Michigan
Can Collect from Inmates'
Pensions
View
Full Text
(Detroit Free Press, 1/13/04)
New Trial Sought in Terrorism Case
View
Full Text
(Detroit News, 1/13/04)
$1B Budget Deficit Projected
View
Full Text
(Lansing
State Journal,
1/15/04)
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