September 18 - 24, 2006
Volume 4 Issue 38

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)

Links of Interest
Public Policy Resource Center | Michigan Supreme Court | Michigan Legislature | MCL Search Engines