October 10, 2005 - October 16, 2005
Volume 3 Issue 40

In the Capitol
Committee meetings of interest for the week of 10/17
10/18 Senate Judiciary
Agenda: HB 4968 Enact miscellaneous amendments to the estates and protected individuals code, Probate and Estate Planning Section Position: Support;
SB 120 Allow prior acts of domestic violence to be admissible as evidence, SBM Position: Oppose in Principle based on a long-standing State Bar position that such changes should be addressed in court rule. The Criminal Jurisprudence and Practice Committee joins the State Bar in its opposition;
SB 263 Exempt certain statements of domestic violence victims from the hearsay rule,
SBM Position: Oppose in Principle based on a long-standing State Bar position that such changes should be addressed in court rule. The Criminal Jurisprudence and Practice Committee and the Criminal Law Section also oppose the bill.

10/19 House Judiciary
Agenda: HB 5275 Revise law enforcement information network (LEIN) policy council act; HB 5276 Clarify information disseminated from criminal history database; HB 5277 Allow certain parties to share with defendant or defendants attorney information on LEIN regarding defendant; SB 648 Revise reference to L.E.I.N. policy council act to criminal justice information systems policy council act; HB 5043 Prohibit and provide a penalty for damaging, destroying, or using telephone or computer equipment without authorization; HB 5044 Enact sentencing guidelines for crime of damaging, destroying, or using telephone or computer equipment without authorization.

Complete Committee Meeting List 

Legislation Recently Signed into Public Acts

Legislation Introduced 10/11– 10/13
Of Interest to the Legal Community
HB 5285 Law enforcement; law enforcement information network (LEIN); use of LEIN information for personal use or gain; prohibit. Amends sec. 4 of 1974 PA 163 (MCL 28.214).

HB 5289 Retirement; judges; age of retirement for judges; increase to 75 years of age. Amends sec. 401 of 1992 PA 234 (MCL 38.2401).

HB 5293 Property; other; provision to include recording of affidavits to correct errors or omissions relating to realty; create. Amends 1915 PA 123 (MCL 565.451 - 565.453) by adding sec. 1d.

Of General Interest
HB 5283 Crimes; drunk driving; penalties for certain alcohol- and drug-related driving violations causing death; increase under certain circumstances. Amends sec. 625 of 1949 PA 300 (MCL 257.625).

HB 5294 Land use; zoning and growth management; zoning ordinance violations for cities and villages; establish grace period and limit fines. Amends sec. 7 of 1921 PA 207 (MCL 125.587).

HB 5295 Land use; zoning and growth management; zoning ordinance violations for counties; establish grace period and limit fines. Amends sec. 24 of 1943 PA 183 (MCL 125.224).

HB 5296 Land use; zoning and growth management; township zoning ordinance violations; establish grace period and limit fines. Amends sec. 24 of 1943 PA 184 (MCL 125.294).

SB 808 Housing; landlord and tenants; early lease termination; allow for certain victims of domestic assault.

In the Hall of Justice
Supreme Court to Hold First Oral Arguments of 2005-2006 Term

Rule Amendments
2004-48 - Amendment of Rule 8.108 of the Michigan Court Rules
The amendment of MCR 8.108(G), as recommended by the Michigan Court Reporting and Recording Board of Review, expands the rule’s coverage to include operators and voice writers and mandates completion of a board-approved course as a condition for certification of court recorders, operators, and voice writers.
Issued: October 10, 2005
Effective:January 1, 2006

2001-10 - Amendment of Rule 8.123 of the Michigan Court Rules
The amendments of MCR 8.123, effective immediately, broaden the rule’s reporting requirements to cover court appointments of attorneys in all capacities, regardless of the indigency status of the represented party, while also simplifying the reporting requirements for trial courts. The amendments further require trial courts to electronically submit their annual reports of counsel appointments to the State Court Administrative Office, in addition to continuing to maintain them for public inspection at the courts. Trial courts also are required to cooperate with the state court administrator by providing additional data on appointments to individual attorneys or attorney groups, and on appointments by an individual judge, without having to include this data in their annual reports.
Issued: October 10, 2005
Effective: October 10, 2005

Other Actions
2005-01 - Appointment to Court Reporting and Recording Board of Review
On order of the Court, pursuant to MCR 8.108(G)(2)(a), Susan A. Heierman, Freelance Court Reporter, is reappointed for a term commencing March 31, 2005, and ending April 1, 2009, and Chief Judge William E. Collette, Circuit Court Judge, and Kathleen M. Schmalz, Freelance Court Recorder, are appointed for terms commencing March 31, 2005, and ending April 1, 2009.
Issued: October 12, 2005

At The Bar
Foundation Elects 2005-06 Officers and Trustees

Sections and Committees
The Family Law Section reported the following public policy positions:
Oppose as drafted: HB 5088 Family law; child support; termination of child support obligations when certain evidence demonstrates payer is not the biological parent; provide for. Amends 1982 PA 295 (MCL 552.601 - 552.650) by adding sec. 5f.

Oppose: HB 5100 Family law; parental rights; military parental custody rights; clarify. Amends secs. 2, 5 & 7 of 1970 PA 91 (MCL 722.22 et seq.).

Oppose: SB 535 Family law; child custody; proven drug use history and convictions; allow to be used when determining custody of child. Amends sec. 3 of 1970 PA 91 (MCL 722.23).

Oppose: SB 602 Family law; child custody; use of substitute service by order from court of record for certain out-of-state individuals; allow. Amends sec. 1 of 1966 PA 138 (MCL 552.451).

Oppose: SB 714 Family law; parental rights; military parental custody rights; clarify. Amends secs. 2, 5 & 7 of 1970 PA 91 (MCL 722.22 et seq.).

Federal News
Supreme Court Takes Up 2 Michigan Cases
(Lansing State Journal, 10/12/05)

State News
Senate Considers $1 Billion Plan for Growth
(Detroit News, 10/16/05)

Tax shift: Tax on Services Would Fill State Coffers but Drain Many Consumers, Businesses
(Lansing State Journal, 10/16/05)
See Related:
States Develop Different Ways to Tax Services
(Lansing State Journal, 10/16/05)

Ex-Kevorkian Lawyer Fieger to Run for Michigan Attorney General in 2006
(Lansing State Journal, 10/11/05)

Proposal Cuts Insurance Rates 20%
(Lansing State Journal, 10/10/05)

Bill Helps Jails Cover Inmate Health Care
(Lansing State Journal, 10/10/05)

Links of Interest
Public Policy Resource Center
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