FOCUS:
Michigan Fiscal Crisis Update
A revenue estimating conference will take place on May 18. Officials
are predicting that estimates will show an even greater deficit in the
current fiscal year budget than previously anticipated. The House Tax
Policy Committee began hearings last week on the Senate business tax
replacement plan introduced by the Senate Republican Caucus. Likewise,
the Senate Finance Committee began hearings on the House business tax
replacement plan introduced by the House Democratic Caucus.
In
the Capitol
Committee
meetings of interest for the week of 5/14
5/15
Senate Judiciary
Agenda: SB
357 Enact sentencing guidelines for crimes of using or tampering
with public safety device causing serious impairment or death; SB
358 Clarify definition of safety device and provide penalties for
tampering with.
5/16
House Judiciary
Agenda: SB
344 Eliminate certain conflicts with court rules and harmonize with
court decisions; HB
4234 Provide for adoption of a jail population management plan; HB
4725 Implement county jail population management plan and revise
jail overcrowding procedures.
5/16
Senate Appropriations Subcommittee: Judiciary & Corrections
Agenda: The FY 2007-08
budget for the Department of Corrections
Complete
Committee Meeting List
New
Public Acts
Legislation
Introduced 5/8 – 5/10
Of Interest to the Legal Community
HB
4723 Torts; malpractice; qualifications to testify as expert witness
in medical malpractice case; revise. Amends sec. 2169 of 1961
PA 236 (MCL 600.2169).
HB
4724 Occupations; physicians; practice of medicine to include testimony
on the appropriate standard of practice or care in an action alleging
medical malpractice; provide for and create limited expert witness
license. Amends secs. 16221, 16226, 16245, 17001 & 17501 of 1978
PA 368 (MCL 333.16221 et
seq.) & adds sec. 16182a.
HB
4738 Criminal procedure; evidence; collection of DNA samples from
all prisoners; require by specific date. Amends sec. 33d of 1953
PA 232 (MCL 791.233d).
HB
4744 Weapons; concealed; exemption for certain state court judges
and state court retired judges from concealed weapons no-carry zones;
provide for. Amends secs. 1 & 5o of 1927
PA 372 (MCL 28.421 & 28.425o).
SB
489 Juveniles; other; procedure in family division of circuit court
for truant juveniles; revise, and give court jurisdiction over parents
and guardians of truants. Amends secs. 2, 6, 6a & 11, ch. XIIA
of 1939
PA 288 (MCL 712A.2 et seq.) & adds secs. 11a & 17e to ch.
XIIA. TIE BAR WITH: SB
0488'07, SB
0490'07
Of General Interest
HB
4725 Corrections; jails; county jail population management plan;
implement and revise jail overcrowding procedures. Amends secs. 1, 2,
3, 4, 5, 9 & 10 of 1982
PA 325 (MCL 801.51 et
seq.) & adds secs. 1a, 9a & 9b.
HB
4735 Human services; children's services; procedure for placement
of children in a foster home; expand to give special consideration
to relatives. Amends sec. 4a of 1994
PA 203 (MCL 722.954a).
HB
4736 Human services; children's services; procedure for placement
of children in a foster home; expand to give special consideration
to individuals of same religious background. Amends sec. 4a of 1994
PA 203 (MCL 722.954a).
HB
4737 Human services; children's services; requirement for parental
disclosure of relatives when placing a child in a home other than that
of a parent; implement. Amends sec. 13a, ch. XIIA of 1939
PA 288 (MCL 712A.13a).
HJR
L Sales tax; rate; tax rate; revise and prohibit certain other
taxes. Amends secs. 3, 7, 8, 10 & 11, art. IX & adds sec. 43
to art. IX of the state constitution.
SB
488 Education; attendance; local truancy policies; require adoption
and implementation by schools and prosecutors. Amends sec. 1599 of 1976
PA 451 (MCL 380.1599) & adds
sec. 1590.
At
the Bar
Judicial
Vacancy – 42nd Circuit Court
Hon. Paul J. Clulo is vacating his seat on the 42nd Circuit Court. State Bar
members interested in applying for the judgeship should submit an application
by June 12, 2007.
View
Information
February
2007 Bar Examination Results and Admission Ceremonies
The State Bar
of Michigan congratulates Rep. Andrew Meisner on passing the February
bar exam. The number of lawyers serving in the state legislature
now increases to 23.
Michigan
State Bar Foundation Awards Eleven Grants
Sections
and Committees
The Consumer
Law Section submitted the following public policy reports:
Support with Recommended
Amendments: HB
4217 (Jones, Robert) Consumer protection; unfair trade practices;
application of Michigan consumer protection act to actions expressly
permitted by law; clarify. Amends sec. 4 of 1976
PA 331 (MCL 445.904).
Oppose: Appraisal
Fraud Bill Package (HB
4054, HB
4055, HB
4083, SB
342, SB
343, SB
356)
The Negligence
Law Section submitted the following public policy report:
Oppose: HB
4267 (Caswell) Civil procedure; costs and fees; attorney contingency
fees based on a sliding scale; provide for. Amends sec. 919 of 1961
PA 236 (MCL 600.919).
For a copy of these
reports, please contact Elizabeth
Lyon. |
In
the Hall of Justice
The Michigan Supreme Court will hold an administrative public hearing
on Wednesday, May 16, 2007, 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
To reserve a place on the agenda, please notify the Office of the Clerk
of the Court in writing at P.O. Box 30052, Lansing, Michigan 48909, or
by e-mail at MSC_clerk@courts.mi.gov,
no later than Monday, May 14, 2007.
Agenda items of note:
2004-08
- Proposed Amendment of Rule 15 and Proposed New Rule 18 of the Rules
Concerning the State Bar of Michigan
Issue: Whether to adopt new SBR 18 that would establish the rule regarding
pro hac vice appearance by attorneys in Michigan, replacing Section 2
of current Rule 15, as endorsed in concept by the State Bar of Michigan
Representative Assembly.
2005-36
- Proposed Amendment of Rules 7.204 and 7.205 of the Michigan Court
Rules
Issue:
Whether to adopt the proposed amendment of MCR 7.204 that would make
various technical changes. Also,
whether to adopt the proposed amendment of MCR 7.205 that would clarify
how a motion for a new trial, a motion for rehearing or reconsideration,
or a motion for other postjudgment relief tolls the time within which
to file an application for leave to the appeal to the Court of Appeals.
Appellate
Practice Section Position
2005-37
- Proposed Amendment of Rules 5.101, 5.105, 5.113, 5.125, 5.206, 5.302,
5.306, 5.307, 5.309, and 5.403 of the Michigan Court Rules and Proposed
Adoption of Rules 5.410 and 5.411 of the Michigan Court Rules
Issue:
Whether to adopt the proposed amendments of MCR 5.101, 5.105, 5.113,
5.125, 5.206, 5.302, 5.306, 5.307, 5.309, and 5.403 as submitted by
the Michigan Probate Judges Association and the State Bar of Michigan
Probate and Estate Planning Section. Whether to adopt proposed
new MCR 5.410 that would (1) establish appointments of guardians ad litem
for protected individuals in every adult conservatorship with unrestricted
assets unless the protected individual has an attorney or is mentally
competent but aged or physically infirm and, (2) define the duties of
the guardians ad litem. Whether to adopt proposed new MCR 5.411
that would require a bond to protect the estate in all conservatorships
in which there are unrestricted assets and establish that no bond would
be required of trust companies that are organized under Michigan law
or a bank with trust powers, unless the court orders that a bond is required.
Committee on Justice Initiatives
Position: Support provision of rules 5.403(C) and (D)
Judicial
Conference Position
Probate
and Estate Planning Section Position
2006-33
- Proposed Amendment of Rule 2.116 of the Michigan Court Rules
Issue:
Whether to adopt the proposed amendment of MCR 2.116 that would clarify
that a motion for summary disposition based on governmental immunity
or lack of subject-matter jurisdiction may be filed even if the time
for filing dispositive motions in a scheduling order has expired, and
that it is within the court’s
discretion to allow a motion for summary disposition based on the grounds
set out in (C)(8), (C)(9), or (C)(10) to proceed if it is filed after
the period for filing dispositive motions established in a scheduling
order has expired.
SBM
Position
2006-40 - Proposed Amendment of Rule 2.222 of the Michigan Court Rules
Issue: Whether to adopt the proposed amendment
of MCR 2.222 that would require the party who moved for change of venue
to prove that the statutory filing fee was paid to the court in which
the action is transferred before the order changing venue is entered.
SBM
Position
Police
Officers' Whistleblower Suit Against Detroit Mayor, City of Detroit
to Come Before Michigan Supreme Court
State
News
Court
Hopes Workers Will Volunteer for Unpaid Leave
(Lansing State Journal, 5/14/07)
State
Appeals Court Plans Closings this Summer
(AP/Mlive.com, 5/11/07)
State
Collects More Taxes in April than Expected
(Lansing State Journal, 5/10/07)
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