October 16 - 22, 2006
Volume 4 Issue 42

In the Capitol
New Public Acts

In the Hall of Justice
Animated Video and Online Game About Michigan's Judicial System Receive Excellence Award

Rule Amendments
2006-07, 2006-08 - Amendment of Rule 7.211 of the Michigan Court Rules
The amendment of subrule (B) extends the time to answer certain motions from 7 to 14 days, and establishes a new category of motions that can be decided in less than 7 days without delaying submission until the answer period has expired. The amendment also clarifies that answers to motions for immediate consideration and any motions affected by such a motion are to be filed within 7 days if the motion for immediate consideration was served by mail or within such time as the Court directs in light of the circumstances of the case.
The amendment of subrule (C) reduces from 56 days to 28 days the deadlines for submission of a motion to withdraw as appointed counsel in an appeal from an order terminating parental rights. The 56-day deadline is retained for all other appeals.
Issued: October 17, 2006
Effective: January 1, 2007

Proposed Amendments
2006-03 - Proposed Amendment of Rule 6.106 of the Michigan Court Rules
This proposed amendment would clarify that bail agents would be liable only for the appearance of a defendant, and not for compliance with conditions imposed by the court as part of a conditional release pursuant to MCR 6.106. The proposed amendment also would prohibit a court from entering a judgment that includes the costs of the proceeding against a surety. MCL 765.28 limits judgment against the surety to an amount not more than the surety bond.
Issued: October 17, 2006
Amendment to Order: October 18, 2006
The additional language clarifies that a court may continue the revocation order and enter judgment against a defendant for failure to comply with the conditions of release or failure to satisfy the court that compliance with those conditions was impossible.
Comment period expires: February 1, 2007
Public Hearing: To be scheduled

At the Bar
Sections and Committees
The Elder Law and Advocacy Section submitted a public policy report stating its support for SB 229 and SB 230.
SB 229 Insurance; health care corporations; coverage for certain mental health and substance abuse treatment; provide that coverage cannot be more restrictive than coverage for medical treatment. Amends 1980 PA 350 (MCL 550.1101 - 550.1704) by adding sec. 416e.
SB 230 Insurance; health; coverage for certain mental health and substance abuse treatment; provide that coverage cannot be more restrictive than coverage for medical treatment. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 3406s.

Federal News
Detainees told new law removes access to courts
(Washington Times, 10/21/06)

Criminal Records Erased by Courts Live to Tell Tales
(New York Times, 10/17/06)

State News
Police Memorial Site Dedicated Near Capitol
(Lansing State Journal, 10/19/06)

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