January 16 - January 22, 2006
Volume 4 Issue 3

In the Capitol
Governor Jennifer Granholm will deliver the State of the State address on Wednesday, January 25, 2006 at 7:00 pm.
Granholm's Speech to Focus on Jobs, Economy
(Free Press, 1/23/06)

Committee meetings of interest for the week of 1/23
1/24 State Drug Treatment Court Advisory Committee
Agenda: Any and all business properly before the Committee.

1/24 Senate Judiciary
Agenda: Testimony Only: SB 542 Eliminate right to preliminary examination for certain crimes; SB 543 Eliminate right to preliminary examination for certain crimes; SB 544 Eliminate right to preliminary examination for certain crimes; SB 545 Eliminate right to preliminary examination for certain crimes; HB 4796 Eliminate right to preliminary examination for certain crimes; HB 4799 Eliminate right to preliminary examination for certain crimes; HB 4800 Eliminate right to preliminary examination for certain crimes.
SBM Position: Given the diversity of views from the legal community on the issue, the State Bar of Michigan takes no position but supports the involvement of State Bar sections and committees to advocate their positions on the legislation.
Criminal Jurisprudence & Practice Committee Position: Oppose.
Criminal Law Section Position: Adopted Resolutions.
Judicial Conference Section Position: Oppose.
Justice Initiatives Committee Position: Oppose the proposed legislation and work with others to find a more appropriate solution to the difficulties presented by the current preliminary exam laws.

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 1/17 - 1/19
Of Interest to the Legal Community

HB 5548 Civil procedure; civil actions; civil action against person who uses force in compliance with self-defense act; prohibit and provide remedies. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2922b. TIE BAR WITH: HB 5143'05, HB 5153'05

HB 5557 Corrections; other; lifetime satellite tracking of certain sex offenders; provide for. Amends title & secs. 4 & 6 of 1953 PA 232 (MCL 791.204 & 791.206) & adds sec. 85. TIE BAR WITH: HB 5558'06

HB 5558 Crimes; criminal sexual conduct; lifetime satellite tracking of and mandatory minimum sentences for certain sex offenders; provide for. Amends secs. 520a, 520b, 520c, 520d, 520e, 520f & 520g of 1931 PA 328 (MCL 750.520a et seq.) & adds sec. 520n. TIE BAR WITH: HB 5557'06

Of General Interest
HB 5552 Environmental protection; cleanups; response costs incurred by certain local units of government; provide for recovery of. Amends secs. 20126 & 20126a of 1994 PA 451 (MCL 324.20126 & 324.20126a).

SJR I Legislature; apportionment; process for redistricting plan; clarify. Amends secs. 2, 3 & 6, art. IV of the state constitution.

In the Hall of Justice
The Michigan Supreme Court will hold an administrative public hearing on Wednesday, January 25, 2006, 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
Please Note: The date for the administrative public hearing was incorrectly reported in last week’s Public Policy Update. The correct date is Wednesday, January 25, 2006.

Agenda Item of Note:
ADM File No. 2005-02: Proposed Administrative Order Regarding Privacy Policy and Access to Court Records.
Published at 473 Mich 1201-1203 (Part 1, 2005).
Issue: Should the Court adopt the proposed administrative order, which would help ensure the confidentiality of social security numbers and management of nonpublic information contained within public document filed in the judiciary.
SBM Position: Support the proposed rule amendment. The State Bar supports the protection of privacy and identity through use of partial Social Security numbers. Authorize the Judicial Conference and Probate and Estate Planning Section to advocate their positions.
Judicial Conference Position: Oppose.
Probate and Estate Planning Section Position: Oppose.

At The Bar
The Board of Commissioners met on Friday, January 20, 2006. The following public policy positions were adopted by the State Bar of Michigan:
ADM File No. 2005-02 - Proposed Administrative Order regarding Privacy Policy and Access to Court Records
The Court is considering adoption of the proposed Administrative Order to ensure the confidentiality of social security numbers and management of nonpublic information contained within public documents filed within the judiciary.
POSITION: Affirm the State Bar’s position of support for the proposed order (position adopted 9/21/05) and authorize the Probate and Estate Planning Section to advocate its position of opposition.

HB 5267 (Mortimer) Family law; child custody; joint custody; mandate in every custody dispute between parents except in certain circumstances. Amends sec. 6a of 1970 PA 91 (MCL 722.26a).
POSITION: Oppose in Principle

HB 5421 (Pavlov) Criminal procedure; sentencing; penalties for certain sex offenders; clarify. Amends sec. 520b of 1931 PA 328 (MCL 750.520b). TIE BAR WITH: HB 5422'05
POSITION: Oppose in Principle

SJR G (Goschka) Constitutional amendments; state; court to deny release on bail for felony involving sexual assault of minor; amend state constitution to allow. Amends sec. 15, art. I of the state constitution.
POSITION: Oppose in Principle

For questions regarding the above policy positions, please contact Elizabeth Lyon at (517) 346-6325 or elyon@mail.michbar.org.

Sections & Committees
The Criminal Jurisprudence and Practice Committee recommended the following public policy position for adoption by the State Bar:
Oppose: SJR G Constitutional amendments; state; court to deny release on bail for felony involving sexual assault of minor; amend state constitution to allow. Amends sec. 15, art. I of the state constitution.

Federal News
Court Won't Hear Judicial Elections Case
(Detroit News, 1/23/06)

State News
Dump the Michigan Senate?
(Detroit News, 1/21/06)

Elections panel approves affirmative action proposal
(Detroit News, 1/21/06)

Bill Strips Canvassers of Duty
(Lansing State Journal, 1/20/06)

Senate OKs More Business Tax Cuts
(Lansing State Journal, 1/20/06)

Links of Interest
Public Policy Resource Center
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