October 2 - October 8, 2006
Volume 4 Issue 40

Secretary of State Terri Lynn Land reminds residents that Tuesday, Oct. 10 is the last day to register to vote for this year’s November general election.
View Press Release

In the Capitol

Legislation Recently Signed into Public Acts

In the Hall of Justice
Rule Amendments
2006-17 - Amendment of Rule 5.744 of the Michigan Court Rules
The amendment of MCR 5.744 expands the scope of the rule to more accurately reflect the procedures delineated in MCL 330.1474, 330.1474a, 330.1475, and 330.1475a.
Issued: October 3, 2006
Effective: January 1, 2007

2006-15 - Amendment of Rule 2.420 of the Michigan Court Rules
The amendment of MCR 2.420 clarifies the requirement that the payment of proceeds may be made only to a conservator on behalf of a legally incapacitated adult or a minor entitled to more than $5,000 in any one year during minority.
Issued: October 3, 2006
Effective: January 1, 2007

2005-43 - Adoption of Rule 3.929 of the Michigan Court Rules
New Rule 3.929 states that filing records by facsimile communication equipment is allowed in juvenile proceedings. MCR 3.903(A)(24) defines the term “records,” and MCR 2.406 governs the filing of records by facsimile communication equipment.
Issued: October 3, 2006
Effective: January 1, 2007

2004-44 - Proposed Amendment of Rule 7.210 of the Michigan Court Rules
The amendment of MCR 7.210 resolves a conflict between this rule, which generally requires production of the full transcript of testimony and other proceedings in the trial court or tribunal for appeal, and MCR 3.977(I)(1)(b), which allows the trial court to furnish only the portions of the transcript and record the attorney requires to appeal. See also, Administrative Memorandum 2004-02.
Issued: October 3, 2006
Effective: January 1, 2007

Other Actions
2004-44 - Proposed Amendment of Rule 3.977 of the Michigan Court Rules
The Court declines to adopt the proposed amendment.
Issued: October 3, 2006

At the Bar
Sections and Committees
Please note: In last week’s Public Policy Update, a position on HB 5933 was reported. The position was adopted by the Administrative Law Section, not the Appellate Practice Section. The correct information follows:
Administrative Law Section Position: Support with suggested amendments – HB 5933 Administrative procedure; contested cases; requirement of written record; clarify. Amends sec. 74 of 1969 PA 306 (MCL 24.274).

The Appellate Practice Section submitted a public policy report on the proposed amendment of MCR 7.211 (ADM File No. 2006-08). The Section supports the adoption of the amendment to MCR 7.211(C)(5) reducing the time to respond to a motion to withdraw by counsel. Although mindful of protecting the rights of a parent, the Section believes that the proposed amendment to expedite this process should be supported.

Federal News
As Term Begins, Justices Reject 1,900 Appeals
(Washington Post, 10/3/06)

State News
Affirmative Action Proposal Confuses, Divides Michigan Voters
(Lansing State Journal, 10/8/06)

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