July 25, 2005 -July 31, 2005
Volume 3 Issue 29

In the Capitol
Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 7/27
Of General Interest

HB 5071 Consumer protection; unfair trade practices; liability for inaccurate representations concerning risks of certain drugs, medications, and supplements; clarify. Amends secs. 2 & 3 of 1976 PA 331 (MCL 445.902 & 445.903).

In the Hall of Justice
Extension Obtained by Rep. Dave Camp Places State in 'Much Better Position' to Pass Title IV-E Review, Avoid Federal Penalties, says Chief Justice Taylor

Other Actions
2005-01 - Supreme Court Appointments to the Attorney Discipline Board
Issued:July 25, 2005
On order of the Court, pursuant to Rule 9.110 of the Michigan Court Rules, Lori McAllister and Judge Richard Suhrheinrich are reappointed as lawyer members, William Danhof is appointed as a lawyer member, and William Matthews is appointed as a lay member of the Attorney Discipline Board for terms ending September 30, 2008.
William Hampton is appointed chair of the Board and Lori McAllister is appointed vice-chair for terms ending September 30, 2006.

At The Bar
YLS Seminar on Stress Reduction Set For August 18 in Novi

Animal Legal Lifeline Helps Callers With Problems

The Board of Commissioners met on Friday, June 10, 2005. The following public policy positions were adopted by the State Bar of Michigan:

Apsey V. Memorial Hospital
Full Text of Apsey Opinion
Full Text of State Bar of Michigan Amicus Brief
Apsey Opinion On Reconsideration
Apsey Dissenting Opinion On Reconsideration
The Court of Appeals ruling in Apsey V. Memorial Hospital has been appealed to the Michigan Supreme Court by the defendant.
SBM POSITION: Support for filing an amicus brief with the Michigan Supreme Court consistent with the amicus brief filed in the Court of Appeals.

ADM File No. 2003-04 - Proposed Amendment of Rule 6.412 of the Michigan Court Rules
The April 12, 2005, proposed amendment of MCR 6.412(F) is new language that states that discrimination on the basis of race, color, religion, national origin, or sex during the selection process of a jury is prohibited even in cases where the purpose would be to achieve balanced representation. Former subrule (F) is relettered as (G).
SBM POSITION: Oppose the proposed amendment because case law adequately addresses the issue.

ADM File No. 2003-04 - Proposed Amendment of Rule 7.205 of the Michigan Court Rules
The April 5, 2005, proposed amendment of MCR 7.205(F)(3) would reduce the time for filing a late application for leave to appeal from the current deadline of 12 months from the entry of the final judgment or order appealed from or entry of an order resolving a timely filed postconviction motion to a deadline of 6 month from the entry of such orders. The proposed amendment of MCR 7.205(F)(4) would implement a 6-month deadline that corresponds to the reduction in subrule (3). The 6-month deadline in subrule (4) would make the limitation in (F)(3) inapplicable where the defendant files a postconviction motion within 6 months of the judgment or order appealed from and filed an application for leave to appeal within 21 days of the decision on a postconviction motion or if the defendant sought the appointment of counsel within 6 months of the order, and defendant files an application for leave to appeal within 42 days of the filing of the complete transcripts or within 42 days of the order appointing counsel if the transcript was filed before entry of that order.
S
BM POSITION: Oppose the proposed amendment.

ADM File No. 2004-32 - Proposed Amendment of Rules 9.223 and 9.224 of the Michigan Court Rules
The proposed amendment of MCR 9.223 would eliminate the requirement that the Judicial Tenure Commission file an appendix with its recommendation for discipline against a judge. The proposed amendment of MCR 9.224(A) would require the respondent judge to file an appendix if the respondent files a petition to reject or modify the commission’s decision. The proposed amendment of 9.224(B) would allow the Judicial Tenure Commission to file a supplemental appendix with its brief in response to a respondent judge’s petition.
S
BM POSITION: Support the proposed amendment.

ADM File No. 2004-56 - Proposed Amendment of Rule 3.925 of the Michigan Court Rules
The April 5, 2005, proposed amendment of MCR 3.925(E)(2)(c) would require that records and files of all juvenile offenses be destroyed when the person becomes 30 years old, instead of the current language, which requires that the records and files of certain adjudicated juvenile offenses by retained permanently.
SBM POSITION: Oppose the proposed amendment. The State Bar adopted the position of the Standing Committee on Justice Initiatives that provides an explanation as to which records should be destroyed and advocates for a juvenile record destruction policy consistent with that of adult records.

ADM File No. 2004-60 - Proposed Amendment of Rule 9.205 of the Michigan Court Rules
This order invites comments on two alternative proposed amendments of MCR 9.205(B). Both would allow the Judicial Tenure Commission to recommend and this Court to order that a disciplined judge pay the costs, fees, and expenses incurred by the commission in prosecuting the complaint of judicial misconduct. Alternative B is narrower in that it only allows costs to be assessed where the judge is engaged in conduct involving fraud, deceit, intentional misrepresentation, or misleading statements to the commission, the commission’s investigators, the master, or the Supreme Court. Cf. In re Noecker, 472 Mich 1 (2005).
SBM POSITION: Oppose the proposed amendment as overreaching and overbroad.

ADM File No. 2005-16 - Proposed Amendment of Rule 4.101 of the Michigan Court Rules
The proposed amendment of MCR 4.101 would require certain procedures to be implemented by courts to allow the waiver of a police officer’s attendance at civil infraction informal hearings, and would establish procedure if the police officer fails to appear for a hearing.
SBM POSITION: Oppose the proposed amendment.

HB 4732 (Sak) Civil procedure; evictions; property managers and other nonlawyers to represent businesses in certain eviction proceedings; allow. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 5707.
SBM POSITION: Active Opposition

HB 4133 (Mortimer) Civil procedure; service of process; prohibition of process service on Sunday and election day; repeal. Repeals sec. 1831 of 1961 PA 236 (MCL 600.1831).
SBM POSITION: Support in Principle

HB 4472 (Baxter) Civil procedure; costs and fees; attorney fees in unsuccessful appeal; require state agency to pay. Amends sec. 2421c of 1961 PA 236 (MCL 600.2421c).
SBM POSITION: Oppose in Principle

To discuss any of these positions in greater detail, please contact Elizabeth Lyon at (517) 346-6325 or elyon@mail.michbar.org.

Federal News
House Approves Bill To Cap Part Of Malpractice Payouts
(Washington Times, 7/28/05)

State News
Reminder: Fifty-three counties in Michigan will hold primary elections on August 2, 2005.
View A List Of Elections By County

Senator Wants To Move Ballot Duties To Secretary Of State
(Detroit News, 7/30/05)

Granholm Touts State To Execs In Japan
(Lansing State Journal, 7/26/05)
See Related:
Granholm: Japan Trip Worthwhile
(Lansing State Journal, 7/30/05)

 

 

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