July 5, 2004 - July 11, 2004
Volume 2 Issue 27

In the Capitol
Committee meetings of interest for the week of 7/12/04.

7/14/04 House Judiciary
Agenda: SB 1328 Allow possession and use of certain weapons by law enforcement personnel; SB 1252 Increase payment for transcripts for certain appeals; *SB 1244 Allow appointment of a personal representative for disposition of a body when decedent has no assets or no known family members;  *SB 757 Provide for penalties for landlords who repeatedly rent housing units without abating known lead hazards; provide for.

Complete Committee Meeting List

Capitol Agenda
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(Detroit News, 7/10/04)

Legislation Introduced 6/29– 7/6
HB 6078 Elections; registration; requirement for candidate to be a registered voter for 30 days before filing for office; provide for.

SB 1330 Probate; wills and estates; personal representative; require notice of heirs and devisees to friend of the court at the time of petition of commencement. TIE BAR WITH SB 888

In the Hall of Justice
Volunteers Sought for Michigan Supreme Court Learning Center
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(Michigan Supreme Court, 7/6/04)

Rule Amendments
2003-60 - Amendment of Rule 5.125 of the Michigan Court Rules
The amendment added persons and entities such as insurers and sureties whose interests would be adversely affected to the list of interested persons who must receive notice of a proceeding for an examination of an account of a fiduciary.
Issued: July 1, 2004
Effective: September 1, 2004

2002-06 and 2003-02 - Amendment of Rule 2 of Rules for the Board of Law Examiners
The amendments eliminate the so-called “LLM exception” to the requirement that an applicant possess a JD degree from an ABA-approved law school to sit for the Michigan bar examination. The language added to Rule 2(B)(2) gives the Board of Law Examiners discretion to permit an applicant who does not possess a JD degree from an approved law school to take the bar examination based upon relevant experience and legal education, such as an LLM degree from an approved law school. The new language also permits an applicant whose law school is no longer in operation to request approval of the law school as reputable and qualified.
Issued: June 30, 2004
Effective: June 30, 2004

2004-15 - Amendment of Rule 6.429 of the Michigan Court Rules
The amendment conformed the rule to MCL 769.34(10) by incorporating the statutory language.
Issued: June 29, 2004
Effective: June 29, 2004
Public Hearing: To be scheduled

Proposed Amendments
2003-62 - Proposed Adoption of New Michigan Rules of Professional Conduct (Please note Order is 129 pages)
On order of the Court, this is to advise that the Court is considering the adoption of new Michigan Rules of Professional Conduct. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford interested persons the opportunity to comment on the form or the merits of the proposal, and of the related Proposed Michigan Standards for Imposing Lawyer Sanctions (ADM File No. 2002-29), or to suggest alternatives. In some instances, alternative language is presented. The Court welcomes the views of all. In addition, this matter will be considered, along with ADM File No. 2002-29, at a public hearing before the Court makes a final decision.
Issued: July 2, 2004
Comment period expires: December 1, 2004
Public Hearing: To be scheduled

2002-29 - Proposed Michigan Standards for Imposing Lawyer Sanctions
Issued: July 29, 2003
Order dated July 2, 2004, reopening comment period until 12/1/04
View Full Text

Public Hearing: To be scheduled
SBM Position:
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At the Bar
Money Judgment Interest Rate, effective July 1, 2004 is 4.357%, including the statutory 1%

Sections and Committees
The Criminal Jurisprudence and Practice Committee submitted the following Public Policy reports:
Support and Recommend State Bar Action: HB 5846 Criminal procedure; prosecuting attorneys; notification period to surety for defendant's failure to appear; extend to 14 days.

Oppose and Recommend State Bar Action: SB 1172
Criminal procedure; sentencing; juvenile convicted of first or second-degree murder; require to be sentenced as an adult.

Support and Recommend State Bar Action: SB 1263 Criminal procedure; warrants; requirement to establish paper quality and durability standards for arrest warrants; eliminate.

For a copy of these reports, please email elyon@mail.michbar.org.

Federal News
A Look at the Top Rulings of 2003-2004 by the United States Supreme Court
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Patriot Act News
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(Detroit Free Press, 07/09/04)

State News
Bills Aim to Improve Safety of Foster Kids
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(Lansing State Journal, 7/06/04)

Drug Courts Rehabilitate Offenders
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(Detroit News, 7/06/04)

Links of Interest
Public Policy Resource Center
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