October 17, 2005 - October 23, 2005
Volume 3 Issue 41

In the Capitol
Committee meetings of interest for the week of 10/24
10/25 Senate Judiciary
Agenda: HB 4335 Provide for waiver of certain recertification requirements for law enforcement officers who return from duty after military service; HB 4978 Revise requirements for obtaining a concealed pistol permit to include requirement of meeting certain federal eligibility standards; SB 686 Prohibit and provide penalties for trespass upon a critical infrastructure; SB 685 Enact sentencing guidelines for crime of trespass upon a critical infrastructure.

10/26 House Judiciary
Agenda: Hearing on the Judicial Resources Report, 2005
Article 6, Section 11 of the Michigan Constitution requires a biennial review of the judicial needs of trial courts by the State Court Administrative Office. The report, released last week, makes recommendations for additional judgeships or the elimination of judgeships that the committee will be considering in following weeks.

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 10/11– 10/13
Of Interest to the Legal Community
HB 5337 Military affairs; other; waiver from "administrative hearings" while deployed or serving on active duty; provide for. Amends sec. 117 of 1967 PA 150 (MCL 32.517).

SB 811 Gaming; lottery; payment of child support arrearages from lottery winnings; establish as first priority.

SB 818 Elections; absent voters; mailing of absent voter ballot applications by local clerks to eligible absent voters; allow even if application not requested.

Of General Interest
HJR Q Land use; other; land use regulations; require compensation if adversely affect property value. Amends the state constitution by adding sec. 7 to art. X.

SB 810 Elections; absent voters; mailing of absent voter ballot applications to qualified and registered electors 60 years of age or older; allow even if application not requested.

SB 812 Law enforcement; law enforcement information network (LEIN); access by department of human services to identify applicants with felony warrants; allow.

SB 813 Human services; services or financial assistance; qualifying for benefits; require to run check in LEIN program for any outstanding felony warrants.

SB 815 Civil procedure; evictions; property managers and other nonlawyers to represent businesses in certain eviction proceedings; allow.

In the Hall of Justice
Recommendations to Add, Eliminate Judgeships for Some Courts Released by State Court Administrative Office

Improving Court Collections is Goal of Broad-Based Committee

Rule Amendments
2005-16 - Amendment of Rule 4.101 of the Michigan Court Rules
The amendment of MCR 4.101(A)(2) limits amendment of a violation on a citation filed with the court to the prosecuting official. The deletion of former subsection (A)(3) conforms to a change in MCR 6.615(A)(3), which takes effect January 1, 2006. The new subsection (C) requires the court to schedule an informal hearing when requested by the defendant, and notify the officer who issued the citation to appear, prohibits waiver of the presence of the officer at an informal hearing, and establishes procedures if the police office fails to appear for a hearing. The amendment of relettered (F)(1) makes this section consistent with changes of MCR 6.615(D)(1), which take effect January 1, 2006.
Issued: October 18, 2005
Effective:January 1, 2006

2003-04 - Amendment of Rule 7.205 of the Michigan Court Rules
The October 18, 2005, amendment of MCR 7.205 reflects recently approved amendments of MCR 6.310, MCR 6.425, MCR 6.429, and MCR 6.431.
Issued: October 18, 2005
Effective: January 1, 2006

2003-19 - Amendment of Rule 1.15 of the Michigan Rules of Professional Conduct
The amendment of MRPC 1.15 conforms with the decision on Brown v Legal Foundation of Washington, 538 US 216; 123 S Ct 1406; 155 L Ed 2d 376 (2003), to create interest rate parity with non-IOLTA investments consistent with changes in financial products presently available in the market, and to make other revenue-enhancing modifications to the IOLTA program.
Issued: October 18, 2005
Effective: October 18, 2005

Administrative Orders
Administrative Order No. 2005-2 - File No. 2003-04
Clarification of Time for Filing Postjudgment Motions
Issued: October 18, 2005
Effective: January 1, 2006

At The Bar
Brighton Attorney Gardella Elected Clerk of State Bar Representative Assembly

Federal News
Report: Women Account for Nearly 1 in 4 Arrests
(CNN.com, 10/23/05)

Georgia Voter ID Law Blocked
(Washington Times, 10/19/05)

State News
House Republicans to Announce Bills to Streamline Business Rules
(Detroit News, 10/23/05)

Group Aims to Set Abuse Victims Free (Detroit News, 10/24/05)

Lawyers' Association Shines a Light on Bias (Ann Arbor News, 10/23/05)

Senate Approves Selling Tobacco Settlement to Improve Economy
(Mlive.com, 10/20/05)

State Tackles Eminent Domain
(Detroit News, 10/20/05)

Mich. Jobless Rate Lowest in Nearly Three Years
(Lansing State Journal, 10/20/05)

Links of Interest
Public Policy Resource Center
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