September 12, 2005 - September 18, 2005
Volume 3 Issue 36

In the Capitol
Committee meetings of interest for the week of 9/19
9/20 Conference Committee on SB 271
Agenda: SB 271 Provide for fiscal year 2005-2006 family independence agency.

9/20 Conference Committee on HB 4831
Agenda: HB 4831 FY 05-06 zero budget appropriations bill.

9/20 House Appropriations
Agenda item of interest: SB 470 Extend sunset on certain court fee increases, and direct certain portion of court fees to drug treatment courts or substance abuse programs.

9/20 Senate Judiciary
Agenda: HB 4588 Enact comprehensive changes to crime victim's rights act; SB 444 Expand prohibition on sale or possession of police badges to include logos, service marks, patches, and uniforms of law enforcement agencies, and revise penalties.

9/21 House Judiciary
Agenda: HB 4796 Eliminate right to preliminary examination for certain crimes; HB 4797 Eliminate right to preliminary examination for certain crimes; HB 4799 Eliminate right to preliminary examination for certain crimes; HB 4800 Eliminate right to preliminary examination for certain crimes. For further information on the State Bar's consideration of this package, please contact Elizabeth Lyon at (517) 346-6325 or elyon@mail.michbar.org.

Complete Committee Meeting List

Capitol Agenda

Legislation Recently Signed into Public Acts

Legislation Introduced 9/13-9/15
Of Interest to the Legal Community
SJR G Constitutional amendments; state; court to deny release on bail for felony involving sexual assault of minor; amend state constitution to allow.

Of General Interest
HB 5171 Retirement; public school employees; prefunding of health care benefits; require. Amends sec. 41 of 1980 PA 300 (MCL 38.1341).

HB 5180 Corrections; jails; expense of inmate medical care; require sheriff to draw on an inmate's health care policy before county is charged. Amends secs. 4 & 4a of 1846 RS 171 (MCL 801.4 & 801.4a).

HB 5185 Elections; registration; proof of United States citizenship when registering to vote; require. Amends sec. 509q of 1954 PA 116 (MCL 168.509q) & adds sec. 496a.

SB 758 Criminal procedure; sex offender registration; electronic monitoring device for person placed on sex offender registry list; require, establish registering wrong address as a 10-year felony, and create other guidelines individual must meet.

In the Hall of Justice
The Michigan Supreme Court will hold an administrative public hearing on Thursday, August 29, 2005, 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. Please note that the agenda includes a proposal for comprehensive revision of the Michigan Rules of Professional Conduct, and Standards for Imposing Lawyer Sanctions. Members wishing to testify on any of the agenda items should contact the Clerk of the Supreme Court by e-mailing MSC_clerk@courts.mi.gov no later than Tuesday, September 27.
Directions to Hall of Justice and Visitor Parking
Agenda of Administrative Public Hearing
Positions adopted by the State Bar of Michigan and/or one its entities are listed below in the order of appearance on the agenda:
2002-29 - Proposed Michigan Standards for Imposing Lawyer Sanctions
SBM Position (5/31/05): See Report
SBM Position (12/4/03): See Report

2003-62 - Proposed Adoption of New Michigan Rules of Professional Conduct
SBM Position: See Report
Standing Committee on Justice Initiatives Position: See Report
Family Law Section Position: See Report

2003-04 - Proposed Amendment of Rule 7.205 of the Michigan Court Rules
Rule 7.205 Application for Leave to Appeal
SBM Position: Oppose
Appellate Practice Section Position: See Report

2003-04 - Proposed Amendment of Rule 6.412 of the Michigan Court Rules
Rule 6.412 Selection of the Jury
SBM Position: Oppose

2004-32 - Proposed Amendment of Rules 9.223 and 9.224 of the Michigan Court Rules
Rule 9.223 Certification to Supreme Court
Rule 9.224 Review by Supreme Court
SBM Position: Support

2004-53 - Proposed Amendment of Rules 9.124 of the Michigan Court Rules
Rule 9.124 Procedure for Reinstatement
SBM Position: See Report

2004-55 - Proposed Amendment of Rule 3.211 of the Michigan Court Rules
Rule 3.211 Judgments and Orders
SBM Position: See Report

2004-56 - Proposed Amendment of Rule 3.925 of the Michigan Court Rules
Rule 3.925 Open Proceedings; Judgments and Orders; Records Confidentiality; Destruction of Court Files, Setting Aside Adjudications
SBM Position: Oppose

2004-60 - Proposed Amendment of Rule 9.205 of the Michigan Court Rules
Rule 9.205 Standards of Judicial Conduct
SBM Position: Oppose
Judicial Conference Position: Oppose

2005-16 - Proposed Amendment of Rule 4.101 of the Michigan Court Rules
Rule 4.101 Civil Infraction Actions
SBM Position: Oppose

2001-10 - Proposed Amendment of Rule 8.123 of the Michigan Court Rules
Rule 8.123 Counsel Appointments; Procedure and Records
Judicial Conference Position: Support

2004-42 - Proposed Amendment of Rules 8.103, 8.107 and 8.110 of the Michigan Court Rules
Rule 8.103 State Court Administrator
Rule 8.107 Statement by Trial Judge as to Matters Undecided
Rule 8.110 Chief Judge Rule
Judicial Conference Position: Oppose

2005-15 - Amendment of Rules 2, 5, and 6 of the Rules Concerning the State Bar of Michigan
Rule 2 Membership
Rule 5 Board of Commissioners
Rule 6 Representative Assembly
SBM Position: Support

Angels in Adoption™ Program Honors Justice Maura Corrigan; Her Work on Michigan Adoption Day, Foster Care Reforms Cited

Other Actions
2005-01 - Supreme Court Appointment of Commissioner-at-Large of the State Bar of Michigan
On order of the Court, pursuant to State Bar Rule 5, Section 2, Kiffi Y. Ford is appointed commissioner-at-large of the State Bar of Michigan for a three-year term commencing upon the adjournment of the meeting of the outgoing Board of Commissioners held at the annual meeting following the member’s appointment.
Issued: September 15, 2005

2003-36 - Supreme Court Appointments to the Child Support Leadership Council
On order of the Court, Denise Chambers, Wayne County Circuit Judge Lita M. Popke, and Daniel J. Wright are reappointed to serve two-year terms on the Child Support Leadership Council. Their new terms will expire April 11, 2007.
Issued: September 12, 2005

At The Bar
The State Bar of Michigan’s 70th Annual Meeting will take place September 22-23 at the Kellogg Hotel and Conference Center in East Lansing. The last meeting of the 2004-2005 Public Policy, Image and Identity Committee and the Board of Commissioners will be on September 21st. The first meeting of the 2005-2006 Board of Commissioners is September 23rd. To request a copy of the agenda(s), please email elyon@mail.michbar.org.
Information on the 70th Annual Meeting

Judicial Vacancy - 56A District Court
The Honorable Paul F. Berger is vacating is seat on the 56A District Court in Eaton County. Any State Bar members interested in applying for a judgeship in their area may contact Erik Wilford in the Governor's Appointments Office to receive a judicial application. The deadline for applications is October 17, 2005.

Federal News
Panel Proposes New Calendar for Presidential Primaries
(New York Times, 9/19/05)

House Bill Bolsters Sex-Offender Laws
(Washington Times, 9/15/05)

State News
Proposal Would Relax Michigan Term Limits
(Detroit News, 9/15/05)

State Abortion Law Struck Down
(Lansing State Journal, 9/15/05)

Gov's Chief of Staff Stepping Down, Head of DC Office to Take Job
(Lansing State Journal, 9/13/05)

State Sen. Cassis Quits GOP Governor's Race, Backs DeVos
(Lansing State Journal, 9/12/05)

Links of Interest
Public Policy Resource Center
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