Public Policy Update from the State Bar of Michigan

May 5 - 11, 2008

Volume 6 Issue 19

In the Capitol
Committee meetings of interest for the week of 5/12
5/13 House Appropriations: Corrections
Agenda: MDOC presentation on centralization and regionalization proposals; Boilerplate review.

5/14 House Judiciary
Agenda: HB 6022 Include theft of a catalytic converter as basis for larceny from a vehicle; HB 6092 Prohibit and provide penalty for making material false statement in petition or supporting affidavit seeking review of DNA evidence; HB 6093 Enact sentencing guidelines for crime of making material false statement in petition or supporting affidavit seeking review of DNA evidence; HB 4180 Enact uniform power of attorney act.
Probate and Estate Planning Section Position on HB 4180: Oppose

5/14 Senate Appropriations
Agenda item of interest: Presentation: Gary Olson, Director, Senate Fiscal Agency -- Senate Fiscal Agency May 2008 Revenue Forecast

5/15 House Appropriations: Corrections
Agenda: Testimony on MDOC centralization and regionalization proposals.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 5/6 – 5/8
Of Interest to the Legal Community
HB 6063 Corrections; jails; distribution of jail reimbursement program funds; modify. Amends sec. 629e of 1949 PA 300 (MCL 257.629e).

HB 6069 Criminal procedure; warrants; procedure for public disclosure of a civil arrest warrant; modify. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 1817.

SB 1292 Civil procedure; evidence; testimony of a vulnerable adult; allow to be presented by videotape or closed-circuit television. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2170.

SB 1298 Courts; district court; service of process in small claims division of district court; revise. Amends secs. 8405 & 8406 of 1961 PA 236 (MCL 600.8405 & 600.8406).

In the Hall of Justice
Michigan Supreme Court to Hear Case in Historic Barry County Courthouse for "Court Community Connections" Program

Cold-Case Prosecution Challenged in Case Before State Supreme Court; Husband Charged 38 Years After Wife's Death

Proposed Amendments
2008-19 - Proposed Amendment of Rule 3.928 of the Michigan Court Rules
This amendment changes the current maximum penalty from 30 days in jail for contempt of court to 93 days in jail for contempt of court to conform to MCL 600.1715.
Issued: May 6, 2008
Comment period expires: August 31, 2008
Public hearing: To be scheduled

2008-20 - Proposed Amendment of Rule 6 of the Rules for the Board of Law Examiners

The proposed order increases the fees for application for the bar examination from $300 to $340, and for reexamination from $200 to $240. The proposed increase in fees would allow for the implementation of the change in policy regarding grading Michigan bar examinations that is reflected in the attached notice.

Issued: May 6, 2008

Comment period expires: August 31, 2008

Public hearing: To be scheduled

2008-22 - Proposed Amendment of Rules 3.903 and 3.920 of the Michigan Court Rules

The proposal would clarify that information regarding the identity or location of a foster parent, preadoptive parent, or relative caregiver is part of the confidential file and, therefore, a proof of service that includes identifying or location information regarding those parties must also be maintained in the confidential file.

Issued: May 6, 2008

Comment period expires: August 31, 2008
Public hearing: To be scheduled

At The Bar
State Bar Invites Members to Join a Committee

February 2008 Bar Examination Results and Admission Ceremonies

Sections and Committees
The Civil Procedure & Courts Committee submitted public policy positions on the following items:

Oppose: 2006-10 - Proposed Amendment of Rule 2.603 of the Michigan Court Rules

Oppose: 2006-11 - Proposed Amendment of Rules 2.614, 7.101, 7.209, and 7.302 of the Michigan Court Rules

Oppose and Amend: 2006-32 - Proposed Amendment of Rule 2.504 of the Michigan Court Rules

The Criminal Jurisprudence & Practice Committee submitted a public policy position on ADMN No. 2007-38 – Proposed Amendment of Rule 6.201 of the Michigan Court Rules.

The Public Corporation Section submitted a public policy position on 2006-11 - Proposed Amendment of Rules 2.614, 7.101, 7.209, and 7.302 of the Michigan Court Rules .

The Justice Initiatives Committee submitted a public policy position on 2006-32 - Proposed Amendment of Rule 2.504 of the Michigan Court Rules .

State News
Senate OKs Plan to Ban Smoking in Bars, Eateries
(Lansing State Journal, 5/9/08)