May 30, 2004 - June 5, 2004
Volume 2 Issue 23

In the Capitol
Committee meetings of interest for the week of 6/6.

6/8/04 House Judiciary
Agenda: HB 5801 Provide for penalties for failure to pay toll when crossing Mackinac bridge; SB 1051 Provide for general amendments to the estates and protected individuals code; Special presentation by Michigan Surgeon General Kimberlydawn Wisdom, regarding lead paint issues in Michigan.

6/8/04 Senate Judiciary

Agenda: SB 773 Expand reporting protections to include computer technicians for internet child pornography encountered in the scope of work.
PENDING REFERRAL: SB 1287; SB 1288; SB 1289.

6/9/04 House Criminal Justice
Agenda: HB 5846 Extend to 14 days the notification period to surety for defendants failure to appear; SB 151 Allow surety bonds for proportion of full bail amount; HB 5493 Provide for record expungement for certain offenders.

Complete Committee Meeting List

Capitol Agenda
View Full Text
(Detroit News, 6/05/04)

In the Hall of Justice
Rule Amendments
2004-12 Rescission of Administrative Order No. 1969-4

Administrative Order No. 1969-4 was originally adopted to provide individuals who previously had been adjudicated as criminal sexual psychopaths with a proper forum for reviewing the propriety of their continued custody. The statutes dealing with the commitment of an individual as a criminal sexual psychopath have been repealed. There are no longer any individuals confined in state institutions because of their status as criminal sexual psychopaths, and, therefore, Administrative Order No. 1969-4 is obsolete and rescinded.
Issued: June 3, 2004
Effective: June 3, 2004

2004-16 – Amendment of Rules 3 and 4 of the Rules Concerning the State Bar of Michigan
The amendment creates an emeritus status for retired State Bar members who are 70 years old or older or have been State Bar members for at least 30 years. Beginning October 1, 2004, such members may elect status as long as they have no disciplinary actions pending against them in any state. Emeritus status members will be exempt from paying State Bar dues. They will not be qualified to practice law in Michigan, but will be eligible to receive certain other member benefits.
Issued: June 1, 2004
Effective: June 1, 2004

2003-25 Amendment of Rule 7.204 of the Michigan Court Rules
The amendment of Rule 7.204(A)(1)(c) shortened the deadline for filing claims of appeal in retained appeals from orders terminating parental rights or denying timely filed postconviction motions. The purpose was to conform the deadline for filing claims of appeal in appeals with retained counsel to the recently adopted 14-day deadline in appeals with appointed counsel from terminating parental rights. Notice and an opportunity to comment at the May 27, 2004 public hearing having been provided, the amendment of Rule 7.204 is retained.
Issued: March 30, 2004
Effective: March 30, 2004
Correction to Order (changing effective date to 5/1/04): April 2, 2004
Order Retaining Amendment: June 1, 2004

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. Notice and an opportunity to comment at the May 27, 2004 public hearing having been provided, the amendment of Rule 4 is retained.
Issued: January 26, 2004
Effective: January 26, 2004
Order Retaining Amendment: June 1, 2004

Other Actions
2004-01 Appointment of Chief Judge of Tuscola County Circuit Court
The Honorable Patrick R. Joslyn is appointed chief judge of the Tuscola Circuit Court, effective immediately for the unexpired portion of a term of two years which commenced January 1, 2004.
Issued: June 2, 2004

At the Bar
See the "In the Hall of Justice" section for recent changes to Rules Concerning the State Bar of Michigan.

The Public Policy, Image and Identity Committee will meet in conjunction with the Board of Commissioners on Friday, June 11, during the 2004 Bar Leadership Forum on Mackinac Island. For a copy of the agenda, please e-mail: elyon@mail.michbar.org.

Sections and Committees
The Probate and Estate Planning Section submitted a public policy report regarding the amicus curiae brief in the Matter of Ervin Estate v. Bank One.

The Real Property Law Section submitted a public policy report stating the following positions and recommending State Bar action:
Oppose as introduced: SB 929 Counties; employees and officers; reference to register of deeds accepting funds with redemption on a foreclosure; eliminate.
Oppose as introduced: SB 930 Counties; employees and officers; reference to register of deeds accepting funds with redemption on a foreclosure; eliminate.

Federal News
Teenager's Murder Conviction Is Reinstated After Challenge Based on Miranda
View Full Text
(New York Times, 6/2/04)


Links of Interest
Public Policy Resource Center
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