February 1, 2004 - February 7, 2004
Volume 2 Issue 6

In observance of President’s Day, the State Bar will be closed on Monday, February 16th. The Public Policy Update normally scheduled for publication that day will be published Tuesday, February 17th.

In the Capitol
Committee meetings of interest for the week of 2/8.

2/10/04 House Judiciary

Agenda: HB 5479 Additional district judgeship in Mecosta-Osceola district; HB 5480 Additional circuit judgeship in Clare-Gladwin circuit; HB 5337 Various circuit, probate, and district judgeships; HB 5271 Revise provisions concerning number of judges (third judicial circuit).

2/11/04 Senate Judiciary
Agenda: Dept. of Corrections Presentation on prison capacity, prisoner intake, the parole and release process, and community corrections.

2/12/04 Appropriations, Joint Senate and House
Agenda: Fiscal Year 2004-05 Executive Budget Presentation.

Complete Committee Meeting List

Capitol Agenda
View Full Text
(Detroit News, 2/7/04)

In the Hall of Justice
Robert J. Bertee Named Michigan Hall of Justice Security Director
View Full Text
(Michigan Supreme Court, 2/04/04)

At the Bar
FOCUS: The Michigan Supreme Court has updated its 1993 administrative order regulating the ideological activities of the State Bar of Michigan. The new order permits the Bar to use electronic communication for notice of pending decisions concerning public policy advocacy, and streamlines procedures. The changes were requested by the State Bar. The order also now requires sections of the State Bar, whose ideological activities are not restricted, to include certain basic information about the section and its decision-making process when communicating a policy position.
See "Administrative Order" section.

Sections and Committees
The Animal Law Section submitted a public policy report stating the following:
Oppose HB 5029 - Natural resources; hunting; mourning doves; list as game and authorize natural resources commission to declare first open season for game.

Federal News
Bush Sending Budget Plan to Hill
View Full Text
(CNN.com, 2/2/04)

See Also:
2005 Budget Proposal: Agency Breakdown
View Full Text
(Washington Post, 2/3/04)

U.S. Judge Overturns Va. Abortion Law
View Full Text
(New York Times, 2/3/04)

Pentagon to Alter Military Tribunal Rules
View Full Text
(Washington Post, 2/6/04)

U.S. Gives Lawyers to Two More Guantanamo Inmates

View Full Text
(New York Times, 2/6/04)

Pentagon Calls Off Voting by Internet
View Full Text
(Washington Post, 2/6/04)

In the House, Easy Does It Is the Rule for '04

View Full Text
(Washington Post, 2/9/04)

State News
House OKs Trash Legislation
View Full Text
(Detroit Free Press, 2/6/04)

Court Rules and Administrative Orders
Rule Amendments
2003-25 – Proposed Amendment of Rules 3.977 and 7.204 of the Michigan Court Rules
Issued: February 3, 2004
Effective: May 1, 2004
The amendment revises procedures concerning termination of parental rights, including shortening the deadlines for requesting and appointing counsel following the entry of an order terminating parental rights.

2000-29 – Amendment of Rules 7.202, 7.204, 7.205, and 7.212 of the Michigan Court Rules

Issued: February 3, 2004
Effective: May 1, 2004
The amendment clarifies the definition of “entry” of an order for jurisdictional purposes at the Court of Appeals.

Administrative Order
Administrative Order No. 2004-1 – File No. 2003-15
State Bar of Michigan Activities
Issued: February 3, 2004
Effective: February 3, 2004
See "At The Bar" section.

Proposed Amendments
2003-04 – Proposed Amendments 2.511, 6.001, 6.004, 6.005, 6.102, 6.104, 6.106, 6.107, 6.110, 6.112, 6.113, 6.201, 6.302, 6.303, 6.304, 6.310, 6.311, 6.402, 6.412, 6.414, 6.419, 6.420, 6.425, 6.427, 6.429, 6.431, 6.433, 6.440, 6.445, 6.501, 6.502, 6.503, 6.504, 6.506, 6.508, 6.509, 6.610, 6.615, and 6.620; and the adoption of Rules 6.006, 6.111, and 6.428 of the Michigan Court Rules
Issued: February 3, 2004
Comment period expires: May 1, 2004
The Court appointed Committee on the Rules of Criminal Procedure to review the Rules to determine whether any provisions should be revised; the proposed changes to existing rules and proposed new rules are the result of its efforts. Before determining whether the proposals should be adopted, changed before adoption, or rejected, this notice is given to afford interested persons the opportunity to comment on the form or the merits of the proposals, or to suggest alternatives.

Other Action
2003-30 – Proposed Amendment of Rules 2.112, 2.118, and 2.401 of the Michigan Court Rules
Issued: February 3, 2004
Action: Proposal not adopted

Legislation Introduced 2/3–2/5

HB 5465 Civil procedure; statute of limitations; provision regarding tolling of statute of limitations; revise to include that a copy of the summons and complaint be served upon the defendant within the time set forth in the court rules.

HB 5472 Family law; friend of the court; certain criteria for determining "interests of the child"; clarify.

HB 5479 Courts; district court; additional district judgeship in Mecosta-Osceola district; provide for.

HB 5480 Courts; circuit court; additional circuit judgeship in Clare-Gladwin circuit; provide for.

SB 939 Retirement; court employees; early retirement for certain district and circuit court employees; provide for with a certain window for application.

SB 941 Civil procedure; civil actions; authority of circuit court to remand cases in which damages appear to be within the jurisdictional limits of the district court to district court; provide for.

SB 942 Retirement; state employees; requirement for 2-week disclosure notice to employees eligible for a newly enacted early retirement program; provide for.

SB 965 Family law; friend of the court; certain criteria for determining "interests of the child"; clarify.

SJR G Courts; supreme court; supreme court justices; provide for appointment by the governor.

Links of Interest
Public Policy Resource Center
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