March 21, 2004 - March 27, 2004
Volume 2 Issue 13

In the Capitol
Committee meetings of interest for the week of 3/28.

3/30/04 House Judiciary

Agenda: HB 5467 Prerequisites for issuance of a marriage license; HB 5468 Marriage preservation tax credit; HB 5469 Criteria for program to qualify for marriage preservation tax credit; HB 5470 Educational predivorce program; HB 5471  Procedures and content (child custody act); HB 5472 Certain criteria for determining interests of the child; HB 5473 Recording of certain information on marriage license and certificate; HB 5474 Individuals who can accept payment and perform marriage and family counseling.

3/30/04 Senate Judiciary

Agenda: HB 5029 Mourning doves; HB 5307 Uniform principal and income act; SB 1051 Estates and protected individuals code; SB 912 Sentencing guidelines for crime of reproducing, altering, counterfeiting, forging, or duplicating Michigan personal identification card; SB 913 Reproducing, altering, counterfeiting, forging, or duplicating Michigan personal identification card; HB 5466 Length of delegation of parental powers by individuals serving in armed forces.

Probate and Estate Planning Section Position: Support HB 5307
Probate and Estate Planning Section Position: Support SB 1051

3/31/04 House Criminal Justice
Agenda: SB 783 Antihazing act; SB 784 Sentencing guidelines for hazing crimes.

Complete Committee Meeting List

Capitol Agenda
View Full Text
(Detroit News, 3/27/04)

In the Hall of Justice
State Supreme Court Justice Kelly Kicks off Re-election Campaign, Justice Markman also Campaigning for Re-election
View Full Text
(Lansing State Journal, 3/23/04)

Randall Wilger, Long-Time Foster Care Review Board Member, Honored by Michigan Supreme Court
View Full Text
(Michigan Supreme Court, 3/24/04)

At the Bar
State Bar Names McCree Award Winners

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 reports, please call (517) 346-6325 or email
HB 5381 Liens; other; a judgment lien; provide for.
Position: Oppose
SB 932 Children; custody; custody jurisdiction; clarify when parent with custody relocates.
Position: Oppose
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.
Position: Support, provided subsection 6 is deleted
SB 990 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.
Position: Support

The Probate and Estate Planning Section submitted the following public policy reports.
2003-60 - Proposed Amendment of Rule 5.125 of the Michigan Court Rules
- 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: Recommend substitution of proposed language
HB 5307 Probate; trusts; uniform principal and income act; create
Position: Support (Bill drafted by the Council of the Probate and Estate Planning Section in cooperation with the Michigan Banker’s Association)
SB 888 Children; support; method for reducing child support arrearage to judgments; create.
Position: Oppose bill as drafted
SB 1051 Probate; wills and estates; general amendments to the estates and protected individuals code; provide for.
Position: Support (Bill drafted by the Council of the Probate and Estate Planning Section in cooperation with the Michigan Banker’s Association)

Federal News
Justices Debate Right to Withhold Name From Police
View Full Text
(Washington Post, 3/23/04)

Justices Seem Unlikely To Allow Suing Insurers
View Full Text
(Washington Post, 3/24/04)

Atheist Presents Case for Taking God From Pledge
View Full Text
(New York Times, 3/25/04
Also see "State News" section

Senate Passes Bill On Harm To Fetuses
View Full Text
(Washington Post, 3/26/04

House Approves $2.4 Trillion Budget Plan

View Full Text
(Washington Post, 3/26/04

State News
Court Rejects Suit about Endorsing a Rival
View Full Text
(Detroit Free Press, 3/22/04

Under God? Supreme Court Pledge of Allegiance Case Sparking Phrase Debate
View Full Text
(Lansing State Journal, 3/25/04

Judge: Race Petition Illegal
View Full Text
(, 3/26/04

Court Rules
Rule Amendment
2003-52 - Amendment of Rule 2.119 of the Michigan Court Rules and Recission of AO 1995-2
Issued: March 23, 2004
Effective: March 23, 2004
On order of the Court, AO 1995-2 is rescinded, effective immediately, because it is no longer necessary due to the enactment of 2003 PA 138 (court fees), 2003 PA 178 (probate fees), and the adoption of amendments of MCR 2.119(G) (motion fees) that became effective October 1, 2003.

Legislation Introduced 3/23– 3/25
HB 5674 Criminal procedure; sentencing; sentencing procedures; include references to drug treatment courts.

HB 5680 Civil procedure; garnishment and attachment; stay of garnishment of bank account or tax refund when installment payments are made on judgment; provide for.

HB 5684 Torts; civil procedure; triple damage liability for stolen property; clarify

Links of Interest
Public Policy Resource Center
| Michigan Supreme Court | Michigan Legislature | MCL Search Engines