March 20 - March 26, 2006
Volume 4 Issue 12

In the Capitol
FOCUS: SCR 39 (Cropsey) A concurrent resolution to request the State Bar of Michigan and the National Legal Aid and Defender Association to issue a joint report to the Legislature on the number and types of cases and the costs resulting from court-appointed attorneys for indigent criminal cases in Michigan.
On March 22, the Michigan Senate voted to adopt SCR 39 and it was subsequently received in the House of Representatives and referred to the House Judiciary Committee. The State Bar of Michigan is proud to be a part of this effort that is an important step toward improving the delivery of legal services to our state’s indigent residents. It is our pleasure to work with the National Legal Aid and Defender Association and the State Court Administrator’s Office to collect this information. The State Bar urges the support of SCR 39.

The Michigan Senate and House of Representatives are not scheduled to hold session for the weeks of April 3rd and April 10th.
View 2006 Senate Schedule
View 2006 House of Representatives Schedule

The Michigan Center for Civic Education presents Civility in Government: A Panel Discussion on April 27th at 6:00 pm at the Michigan Historical Center and Museum.

Committee meetings of interest for the week of 3/27
3/28 House Tort Reform
Agenda: Advocacy For and Against Tort Reform: Presentation by Lieutenant Governor Dick Posthumus

3/28 Senate Judiciary
Agenda: SB 1123 Create asbestos and silicosis compensation fairness act; HB 5374 Revise number of judgeships in various circuits and districts; HB 5643 Extend time for filing civil action for reimbursement by inmates to the county for cost of imprisonment and care.

3/29 House Judiciary
Agenda: HB 4431 Expand definition of first degree murder to include murder committed in the perpetration or attempted perpetration of aggravated stalking, the violation of a personal protection order, and the violation of a condition of release on bond or on parole; HB 4870 Establish priority and related procedures for persons entitled to make funeral and burial arrangement for a deceased; HB 4891 Revise language in occupational code to reflect changes in estates and protected individuals code for persons entitled to make funeral and burial arrangements for a deceased; HB 5836 Revise language in public health code to reflect changes in estates and protected individuals code for persons entitled to make funeral and burial arrangements for a deceased; HB 5841 Require methamphetamine reporting of certain state agencies; HB 5846 Require website disclosure for referencing methamphetamine sites and certain cleanup procedures.

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 3/22 - 3/23
Of Interest to the Legal Community
HB 5900 Civil procedure; remedies; correction of inaccurate item in consumer credit reports; establish procedures for civil action in state court. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 8309.

HB 5905 Law enforcement; investigations; eyewitness identification procedures; revise. Creates new act.

SB 1185 Civil procedure; civil actions; immunity from civil action for person who uses force in compliance with self-defense act; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2922b. TIE BAR WITH: HB 5143'05, HB 5153'05
SBM Position: Actively oppose the provisions that would eliminate judicial discretion concerning the payment of fees and costs at the conclusion of trial

In the Hall of Justice
Administrative Orders
Administrative Order No. 2006-3 - File No. 2004-45
Michigan Uniform System of Citation
Issued: March 15, 2006
Effective: May 1, 2006

Proposed Amendments
2005-12 - Proposed Amendment of Rules 5.104, 5.402, and 5.403 to the Michigan Court Rules
The proposed amendment of MCR 5.104(A)(1) would establish a time frame within which the proof of service must be filed when the court issues an ex parte order. The proposed amendment of MCR 5.402(C) would add the requirement of how service is to be made on a parent of a minor who is the subject of a petition when the whereabouts of the parent are known. The proposed amendment of MCR 5.403(B) would add the requirement of a subsequent hearing within 56 days if a temporary guardian is appointed for a minor by ex parte order and the parents of the minor are not present at the ex parte hearing.
Issued: March 21, 2006
Comment period expires: July 1, 2006
Public Hearing:To be scheduled

At the Bar
Public Corruption Topic of Legal Symposium March 24

Judge Sanborn Honored at Macomb Event

MSBF Grant Deadline is April 7

Sections and Committees
Save the Date! The State Bar will be hosting the second annual Public Policy Summit on April 26th at its office in Lansing for Section and Committee representatives. The Summit, which will have both morning and afternoon sessions, will provide hands-on information about public policy issues and advocacy.  For more information, please contact Elizabeth Lyon.

The Children’s Law Section submitted the following public policy reports:
Support: SB 1116 (Hardiman) Children; protection; requirement for department of human services to assist and cooperate with law enforcement officials when child has been exposed to methamphetamine; provide for. Amends secs. 3 & 8 of 1975 PA 238 (MCL 722.623 & 722.628).

Support: SB 1117 (Gilbert) Children; protection; referral of cases involving child exposure to methamphetamine production to the prosecuting attorney; require. Amends sec. 8b of 1975 PA 238 (MCL 722.628b).

Federal News
Voter-registration Efforts Rewarded
(Washington Times, 3/23/06)

State News
Pols Raise $1M as Jobs End
(Detroit News, 3/26/06)

Michigan Senate Votes to Take Away Powers of Elections Board
(Lansing State Journal, 3/23/06)

State Senate Votes to Eliminate Business Tax
(Lansing State Journal, 3/23/06)

Links of Interest
Public Policy Resource Center
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