In
the Capitol
On September
20, the Michigan Senate and House of Representatives adjourned until after
the November general election. Both chambers will return to session on November
9.
View
2006 Senate Session Schedule
View
2006 House of Representatives Schedule
Committee
meetings of interest for the week of 9/25
9/26
State Drug Treatment Court Advisory Committee
Complete
Committee Meeting List
Legislation
Recently Signed into Public Acts
Legislation
Introduced 9/19 - 9/20
Of Interest to the Legal
Community
HJR
DD Criminal procedure; bail; no-bond violations; expand to include
attempted murder.
Of
General Interest
HB
6535 Businesses; charitable organizations; charitable foundations accountability
act; create. Creates new act.
HB
6536 Crimes; other; reckless endangerment by placing obstruction
in a roadway; prohibit and provide penalties. Amends 1931
PA 328 (MCL 750.1 - 750.568)
by adding sec. 394b.
HB
6553 Criminal procedure; sentencing guidelines; offense variable
involving multiple victims; expand to award points for financial "injury" to
victims.
HB
6559 Crimes; other; provision regarding wage discrimination based
on sex; modify.
HB
6569 Health; research; form for reporting clinical trials; provide
for. TIE BAR WITH: HB
6568'06, HB
6570'06, HB
6571'06, HB
6572'06, HB
6573'06
HB
6572 Health; research; civil penalties for failure to report certain
required information regarding clinical trials; provide for. TIE BAR
WITH: HB
6568'06, HB
6569'06, HB
6570'06, HB
6571'06, HB
6573'06
HB
6573 Health; research; violations related to the regulation and
reporting of clinical trials; require attorney general to investigate.
TIE BAR WITH: HB
6568'06, HB
6569'06, HB
6570'06, HB
6571'06, HB
6572'06
HB
6574 Corrections; jails; overcrowding emergency act; amend to allow
jail population management plan. TIE BAR WITH: HB
6575'06
SB
1452 Consumer protection; privacy; social security numbers in documents
submitted to register of deeds for recordation; require redaction in
certified copies unless prohibited by law. Amends sec. 1 of 1836
PA 25 (MCL 565.581).
SB
1453 Consumer protection; privacy; social security numbers in documents
submitted to register of deeds for recordation; require redaction by
person submitting document unless prohibited by law. Amends sec. 1
of 1937
PA 103 (MCL 565.201).
SB
1454 Consumer protection; privacy; social security numbers in documents
submitted to register of deeds for recordation; require redaction by
register of deeds unless prohibited by law. Amends sec. 1 of 1867
PA 20 (MCL 565.491).
SB
1455 Consumer protection; privacy; social security numbers in judgments
submitted to register of deeds for recordation; require redaction unless
prohibited by law. Amends sec. 1 of 1873
PA 5 (MCL 565.401).
SB
1456 Consumer protection; privacy; social security numbers in affidavits
submitted to register of deeds for recordation; require redaction unless
prohibited by law. Amends sec. 2 of 1915
PA 123 (MCL 565.452).
SB
1457 Consumer protection; privacy; social security numbers in recorded
documents made available for inspection by register of deeds; require
redaction unless prohibited by law. Amends sec. 1 of 1875
PA 54 (MCL 565.551).
SB
1458 Consumer protection; privacy; information privacy and protection
act; create. Creates new act.
| In
the Hall of Justice
The Michigan
Supreme Court will hold an administrative public hearing on Wednesday, September
27, 2006, 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.
Public
Hearing Agenda
To reserve a place
on the agenda, please notify the Office of the Clerk of the Court in
writing at P.O. Box 30052, Lansing, Michigan 48909, or by e-mail at MSC_clerk@courts.mi.gov,
no later than Monday, September 25, 2006.
Agenda items of
interest:
2005-22
- Proposed Amendment of Rule 3.972 of the Michigan Court Rules
Issue: Whether the Court should adopt the amendment of Rule 3.972 that would
allow testimony of the child to be admitted in a child protective proceeding
if the statement is offered by a person who heard the child make the statement.
SBM POSITION: Oppose
2005-43
- Proposed Adoption of Rule 3.929 of the Michigan Court Rules
Issue: Whether the Court should adopt new Rule 3.929, which would state that
filing records, as defined in MCR 3.903(A)(24), in juvenile proceedings is
allowed by facsimile communication equipment, and that MCR 2.406 governs the
filing of such documents.
SBM POSITION: Support
2006-07
- Proposed Amendment of Rule 7.211 of the Michigan Court Rules
Issue: Whether
the Court should adopt the proposed amendments that would extend the
time to answer certain 7-day motions from 7 to 14 days, and would establish
a new category of motions that could be decided in less than 7 days without
delaying submission until the answer period has expired.
SBM
POSITION: Support. The Appellate Practice Section and Justice Initiatives
Committee also support this proposal.
2006-08
- Proposed Amendment of Rule 7.211 of the Michigan Court Rules
Issue: Whether
the Court should adopt the proposed amendment that would shorten the
time allotted for submitting to the court a motion to withdraw as counsel
for an indigent appellant in cases involving termination of parental
rights. In termination of parental rights cases, the time allotted would
be reduced from 56 days after the appellant is served to 28 days. The
56-day deadline would be retained in all other appeals.
SBM
POSITION: The Justice Initiatives Committee was authorized to advocate
its position.
For more information
regarding these positions, please contact Janet Welch at jwelch@mail.michbar.org or
(517) 346-6375.
Administrative
Orders
Administrative
Order No. 2006-7 - File No. 2002-09
Interactive Video Proceedings (Family Division of Circuit Court and Probate
Court)
The experimental use of two-way interactive video technology (IVT) authorized
by Administrative Order 2004-3 is extended until July 1, 2007, or until a rule
is adopted by the Court authorizing the use of IVT, whichever occurs first.
Issued:
September 19, 2006
Effective: September 19, 2006
Proposed
Amendments
2002-09
- Proposed Adoption of Rules 3.904 and 5.738a of the Michigan Court Rules
Proposed Rule 3.904 would allow courts in the family division to use two-way
interactive video technology to conduct hearings for delinquency and child
protective proceedings in accordance with requirements and guidelines set forth
by SCAO. Proposed Rule 5.738a would allow probate courts to use two-way interactive
video technology to conduct hearings concerning initial involuntary treatment,
continuing mental health treatment, and petitions for guardianship involving
persons receiving treatment in mental health facilities in accordance with
requirements and guidelines set forth by SCAO. All proceedings in both the
family division and the probate courts would be required to be recorded verbatim
by the court.
Issued: September
19, 2006
Comment period expires : January 1, 2007
Public Hearing: To Be Scheduled
At
the Bar
SBM
Young Lawyers Section Wins Five ABA Achievement Awards
Press
Conference Focuses Attention on Michigan’s Criminal Defense System
Cahill
Leads State Bar Team on Upper Peninsula Tour
Reide
Appointed to ABA Civil Rights and Equal Opportunity Committee
Request
for Proposal Executive Search Consultant
Federal
News
Officials
Wary of Electronic Voting Machines
(New York Times, 9/23/06)
Innovator
Devises Way Around Electoral College
(New York Times, 9/21/06)
House
Bill to Require Voter ID
(Washington Times, 9/21/06)
State
News
Granholm
Signs Overtime Legislation
(Lansing
State Journal, 9/23/06)
See
Also:
Granholm
Signs Deal on Tax Credit, OT and Youth Minimum Wage
(Lansing State Journal, 9/22/06)
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