May 16, 2004 - May 22, 2004
Volume 2 Issue 21

In the Capitol
Committee meetings of interest for the week of 5/23.
5/25/04 House Judiciary
Agenda: BILLS EXPECTED TO BE VOTED ON: HB 5928 Provide for referral to drug treatment court for certain persons eligible for deferred sentence and dismissal of charge; HB 5932 Allow for reporting of certain dispositions of drug treatment court that do not result in convictions. NO TESTIMONY, BUT A REPORT FROM THE WORK GROUP: HB 5338 Revise procedure for affidavit of merit for medical malpractice; HB 5905 Allow only with showing of good cause retroactive effect of amended affidavit of meritorious defense in medical malpractice action.

5/26/04 House Criminal Justice
Agenda: SB 918 Prohibit and provide penalties for recording certain visual images without consent.

Complete Committee Meeting List

Capitol Agenda
View Full Text
(Detroit News, 5/22/04)

Legislation Introduced 5/18– 5/20
HB 5912 Courts; juries; exemption from jury services for certain veterans; provide for.

HB 5920
Transportation; motor carrier fuel tax; provision regarding joint and several liability between lessors and lessees for fuel taxes on commercial motor vehicles; eliminate.

HB 5928
Courts; other; referral to drug treatment court for certain persons eligible for deferred sentence and dismissal of charge; provide for.

HB 5932
Courts; other; reporting of certain dispositions of drug treatment court that do not result in convictions; allow for.

SB 1244 Probate; powers of attorney; appointment of a personal representative for disposition of a body when decedent has no assets or no known family members; allow.

SB 1252
Civil procedure; costs and fees; payment for transcripts for certain appeals; increase.

In the Hall of Justice
The Michigan Supreme Court will hold an administrative public hearing on Thursday, May 27, 2004, 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.
Agenda of Administrative Public Hearing
Directions to Hall of Justice and Visitor Parking

SBM POSITION:
2003-60 Proposed Amendment of Rule 5.125 of the Michigan Court Rules

POSITION: Oppose
View Full Text

Michigan Judicial Conference Section
POSITION:
2001-04 — Proposed Amendment of Canon 7 of the Michigan Code of Judicial Conduct
POSITION: Oppose as drafted

Proposed Amendments To Rules Concerning The State Bar Of Michigan:
2004-02 – Amendment of Rule 4 of the Rules Concerning the State Bar of Michigan
The amendment permits the Bar to send notice of nonpayment of dues to inactive members by first class mail. The Bar is still required to send notice of nonpayment of dues to active members by registered or certified mail to the last recorded address.

2004-16 - Proposed Amendment of Rules 3 and 4 of the Rules Concerning the State Bar of Michigan

The Court is considering a possible amendment of State Bar Rules 3 and 4 to create an emeritus membership class available to senior members of the State Bar who no longer practice law. (The emeritus membership class would be available for those members who are 70 years old or older or have been State Bar members for at least 30 years, as long as there are no pending disciplinary actions against the applicant in any state.) Under the proposal, members of the class would not be required to pay dues.

At the Bar
Workshop for Lawyers Considering Career Options Scheduled for June 12.

Sections and Committees
The Judicial Conference Section submitted the following public policy report:
2001-04 — Proposed Amendment of Canon 7 of the Michigan Code of Judicial Conduct (A Judge or Candidate for Judicial Office Should Refrain From Political Activity Inappropriate to Judicial Office)
POSITION: Oppose as drafted, Recommend State Bar action

The General Practice Section submitted the following public policy report:
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.
POSITION: Oppose, Recommend State Bar action

The Negligence Law Section submitted the following public policy report:
HB 5338 Civil procedure; other; procedure for affidavit of merit for medical malpractice; HB 5905 Torts; malpractice; retroactive effect of amended affidavit of meritorious defense in medical malpractice action; allow only with showing of good cause. TIE BAR WITH HB 5338; SAME AS SB 691.
POSITION: Support

The Prisons and Corrections Section submitted the following public policy report:
HB 5393 Criminal procedure; expunction; conditional expunction of criminal record; provide for under certain circumstances.
POSITION: Support

Federal News
Disabled Win Victory in Ruling Over Access to Government Buildings
View Full Text
(CNN.com, 5/17/04)

Case Expands Type of Lies Prosecutors Will Pursue
View Full Text
(New York Times, 5/17/04)

Supreme Court Upholds Federal Bribery Law
View Full Text
(Washington Post, 5/17/04)

White House's Medicare Videos Are Ruled Illegal
View Full Text
(New York Times, 5/20/04)
See Also:
Medicare Center TV Ad Broke Law, Agency Says
View Full Text
(Detroit Free Press, 5/20/04)

Street Maps in Political Hues
View Full Text
(New York Times, 5/20/04)

Demand Grows to Require Paper Trails for Electronic Votes
View Full Text
(New York Times, 5/23/04)

State News
Michigan Notary Laws Changed on April 1
View a Summary of the Changes
View Full Text of Public Act 238 of 2003

Michigan Must Cut Another $250M
View Full Text
(Lansing State Journal, 5/19/04)
See related article:
House Rejects Sin Tax Increase

View Full Text
(Detroit News, 5/20/04)

Justice Dept. Blocks Judge's Request on Use of Patriot Act Powers
View Full Text
(Detroit News, 5/21/04)

The State Bar of Michigan will be closed on Monday, May 31, in observance of the Memorial Day holiday. Next week's Public Policy Update will be sent on Tuesday, June 1, 2004.

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