November 2 - November 8, 2003
Volume 1 Issue 10

In the Capitol
Committee meetings of interest for the week of 11/09.

11/12/03 House Judiciary
Agenda items: HB 5039 Expand and clarify right to bring action (grandparenting time);
HB 4104 Amend adoption code to establish child custody act provisions as controlling (grandparenting time).

11/12 House Criminal Justice
Agenda items: SB 658 Prohibit and provide penalties for failure to stop at scene of accident involving watercraft resulting in serious impairment or death; SB 659 Enact sentencing guidelines for crime of failing to stop at scene of accident involving watercraft that causes serious injury or death; SB 648 Require inspection for contamination sites of clandestine labs for illegal drug manufacturing; SB 649 Increase penalties for possessing equipment for manufacturing methamphetamine; SB 650 Prohibit possession of certain amounts of pseudoephedrine; SB 651 Enact sentencing guidelines for crime of possessing more than 10 grams of pseudoephedrine; SB 652 Establish as a felony transporting anhydrous ammonia in nonapproved container; SB 698 Include in sentencing guidelines penalties for possessing equipment for manufacturing methamphetamine; SB 777 Implement in sentencing transporting anhydrous ammonia in nonapproved container; SB 511 Provide for penalties for failure to properly dispose of a body within a reasonable time period; SB 508 Enact sentencing guidelines for crime of failing to dispose of human body as provided by written agreement.

11/12/03 Senate Judiciary

Agenda items: SB 792 Create identity theft protection act; SB 797 Establish sentencing guidelines for crimes of identity theft; SB 793 Clarify crime of obtaining personal identity information of another with intent to unlawfully use the information; SB 794 Allow victim of identity theft to obtain certificate as proof of theft from prosecuting attorney or attorney general; SB 795 Social security number privacy act (establish and provide penalties and remedies); SB 796 Establish database for identity theft victims; SB 798 Create remedy in Michigan consumer protection act  certain violations of identity theft protection act; SB 657 Prohibit requirement for disclosure of social security number to purchase or obtain certain goods or services of a retailer; SB 803 Provide for tolling of statute of limitations in certain cases of identity theft; SR 182 A resolution to memorialize the Congress of the United States to enact legislation to provide greater protections against identity theft; SR 183 A resolution to memorialize the Congress of the United States to amend the Fair Credit Reporting Act to provide that the statute of limitations for an identity theft suit is two years from the time the fraud was discovered; SR 186 A resolution to memorialize the United States Congress to enact legislation to prohibit the use of a person's Social Security number as an identification number beyond its original purpose.

Complete Committee Meeting List

In the Hall of Justice

False Firefighter’s Case to Come Before Supreme Court
View Full Text
(Michigan Supreme Court, 11/07/03)

At the Bar
The Representative Assembly will meet on Friday, November 14th at 10:00 am in Lansing at Cooley Law School.
Sections and Committees
The Legal Aid Committee reported the following positions.  For a faxed copy of the complete report, please call (517) 346-6325.
HB 4208 Juveniles; other; procedure in family division of circuit court for truant juveniles; revise and give court jurisdiction over parents and guardians of truants.
Oppose the adoption of HB 4208.
HB 4772 Family law; friend of the court; administrative adjustment in the income withholding order to account for arrearages; allow and provide enforcement procedures for noncompliance by employers.
Recommends that the State Bar of Michigan oppose House Bill 4772.
HB 4773 Children; support; circumstances requiring a review of child support; revise.
Recommends that the State Bar of Michigan support House Bill 4773.
HB 4983 Occupations; service occupations; licensure of immigration clerical assistants; provide for.
Support.

State News
Macomb County Lists Cases Online: Circuit Court's index dates to 1966; it's the 3rd database in state View Full Text
(Detroit Free Press, 11/03/03)

    Court Rules and Administrative Orders

    Administrative Orders

    Michigan Supreme Court Issues Order Addressing Appellate Delay Reduction
    Administrative Order No. 2003-6 - File No. 2002-34
    (Case Management at the Court of Appeals)
    Revised COA 8/29/03 Proposal: File 2002-34
    Issued: November 4, 2003

    As part of its appellate delay reduction program, the Court of Appeals has advocated amendments to MCR 7.212 which would eliminate extensions by stipulation, and reduce briefing time.  Despite its general support for the appellate delay reduction program and acclamation for its successes to date, the State Bar opposed the amendments to MCR 7.212 out of concern that the proposed changes would jeopardize the quality of appellate briefing and service to clients while failing to achieve the intended effect of shortening case processing times overall.  The State Bar has been working with the Court of Appeals to develop alternative ways to reduce appellate delay at the intake stage.

    The Michigan Supreme Court published the Court of Appeals' proposal for comment on March 11, and held a public hearing on the briefing and stipulation proposals on September 25.  The Court's November 4 order directs the Court of Appeals to develop a plan for the management of civil cases that includes "just in time" briefing is due February 1, 2004. (The "just in time" briefing typically refers to rules under which briefing schedules are worked out in advance, and briefs are filed close in time to when oral argument is scheduled to be held.)  The order encourages the Court of Appeals to continue to work with the State Bar, and plans are already underway to that effect.               

    The proposal to shorten briefing times and end extensions by elimination, as amended by the Court of Appeals on August 29, remains under consideration.

    Proposed Amendments
    2002-06 and 2003-02 Proposed Amendment of Rule 2 of Rules for the Board of Law Examiners
    Issued: November 4, 2003
    Comment period expires: February 1, 2004
    Public Hearing: Tentatively scheduled for January 29, 200

    The proposed amendment would eliminate the "LLM exception" for Bar admission whereby an applicant who is a graduate of an ABA-accredited law school with an LLB or LLM degree but not a JD may sit for the bar examination. 

    Legislation Introduced 11/4 - 11/6

    SB 823 Courts; judges; various circuit,
    probate, and district judgeships; revise.

    SB 829 Courts; circuit court; sixteenth judicial circuit; allow additional judgeship.

    SB 830 Juveniles; criminal procedure; procedure for probation requirements of relocating juveniles; clarify.

    HB 5223 Cities; ordinances; quality of life violation regarding the construction code; prescribe enforcement of.

    HB 5224 Cities; ordinances; noxious weed violations; allow to be designated as quality of life violations by cities, townships, or villages.

    HB 5259 Children; support; nonprosecution for arrearages in friend of the court cases if payer is participating in child support amnesty program; provide for.

    HB 5261 Children; support; nonprosecution under the support and parenting time enforcement act for arrearages if payer is participating in child support amnesty program; provide for. TIE BAR WITH HB 4654.

    HB 5262 Children; support; nonprosecution under the penal code for failure to support a child if the individual is participating in child support amnesty program; provide for. TIE BAR WITH HB 4654.

    HB 5271 Courts; circuit court; third judicial circuit; revise provisions concerning number of judges.

     

Links of Interest

Public Policy Resource Center
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