In
the Capitol
The Michigan Senate and House of Representatives returned
to session on November 9 and will adjourn on November 14. Both chambers will
return to session on November 28.
View
2006 Senate Session Schedule
View
2006 House of Representatives Schedule
Complete
Committee Meeting List
New
Public Acts
Legislation
Introduced 11/9
Of
Interest to the Legal Community
SB
1495 Corrections; parole; appointment of attorney for indigent
prisoners at certain parole revocation hearings; allow. Amends sec.
40a of 1953
PA 232 (MCL 791.240a).
Of
General Interest
SB
1494 Property; conveyances; termination of tenancy by the entireties;
allow in cases of spousal abandonment. Amends secs. 1 & 2 of 1927
PA 210 (MCL 557.101 & 557.102).
In
the Hall of Justice
Voter
ID Law's Constitutionality to be Argued Before Michigan Supreme Court
Rule
Amendments
2005-22
- Amendment of Rule 3.972 of the Michigan Court Rules
The amendment of MCR 3.972(C)(2) allows testimony of the child to be admitted
in a child protective proceeding trial if the statement is offered by a person
who heard the child make the statement.
Issued: November
7, 2006
Effective: January 1, 2007
Administrative
Orders
Second
Amended Administrative Order No. 2004-5 - File Nos. 2002-34 and 2002-44
Expedited Summary Disposition Docket in the Court of Appeals
The Supreme
Court orders that the expedited summary disposition docket continue in
effect, as modified infra , for an additional one-year period
to expire December 31, 2007.
Issued: November 9, 2006
Effective: January 1, 2007
Amendment
of Administrative Order No. 1998-1 - File No. 2006-37
This order deleted the requirement in Administrative Order No. 1998-1 for courts
to report to the State Court Administrative Office when a case is transferred
from circuit court to district court. That requirement was originally adopted
to monitor the transfer of cases from circuit court to district court, following
the repeal of a statute authorizing the practice. The transfer of cases under
MCR 2.227 has been working smoothly and without incident, and no further monitoring
is necessary.
Issued: November
7, 2006
Effective: November 7, 2006
Proposed
Amendments
2006-29
- Proposed Amendment of Rule 3.411 of the Michigan Court Rules
This proposed amendment would clarify that a judgment determining an interest
in land does not apply to claims settled under the principle of adverse possession.
Under longstanding Michigan case law, interests in lands acquired by adverse
possession are effective against all the world, not just those individuals
who are parties to the action. See, for example, Lawson v Bishop,
212 Mich 691 (1920), and Gorte v Dep’t of Transp, 202 Mich App
161 (1993).
Issued: November
7, 2006
Comment period expires:March 1, 2007
Public Hearing:To be scheduled
2005-36
- Proposed Amendment of Rules 7.204 and 7.205 of the Michigan Court
Rules
The proposed amendment of Rule 7.204 of the Michigan Court Rules would make
various technical changes. The proposed amendment of Rule 7.205 of the Michigan
Court Rules would clarify how a motion for a new trial, a motion for a rehearing
or reconsideration, or a motion for other postjudgment relief tolls the time
within which to file an application for leave to appeal to the Court of Appeals.
Issued: November
7, 2006
Comment period expires: March 1, 2007
Public Hearing: To be scheduled
2004-08
- Proposed Amendment of Rule 15 and Proposed New Rule 18 of the Rules
Concerning the State Bar of Michigan
The State Bar of Michigan Representative Assembly has endorsed in concept this
proposal to adopt amendments of the Rules Concerning the State Bar of Michigan.
Proposed new Rule 18 would establish the rules regarding pro hac vice appearance
by attorneys in Michigan and would replace Section 2 of current rule 15. This
proposal is being published for comment exactly as it was submitted to the
Court by the State Bar of Michigan. It has not been amended by the Court before
publication.
Issued: November
9, 2006
Comment period expires: March 1, 2007
Public Hearing: To be scheduled
| At
the Bar
The State
Bar of Michigan’s
Public Policy, Image, and Identity Committee and Board of Commissioners
will meet on November 17, 2006. For a copy of either agenda,
please contact elyon@mail.michbar.org.
Sections
and Committees
The
Prisons and Corrections Section submitted a public
policy report stating its support of HB
6532 (Condino) Criminal procedure; records; criminal conviction overturned
based on DNA evidence; provide for deletion of record. Amends sec. 16a,
ch. IX of 1927
PA 175 (MCL 769.16a).
Federal
News
Courts
Weigh In After Voting Difficulties Emerge at the Polls
(Washington Post, 11/8/06)
State
News
Experts:
Prop 2 Likely to Hold Up
(Detroit News, 11/10/06)
FOCUS:
Michigan Votes
View
the 2006 General Election Results
3.8
Million Voters Set Off-Year Record
Voting Equipment
Passes General Election Test
(Press
Release, Secretary of State Terri Lynn Land, 11/8/06)
Accessible Voting
For All
By
Kelly Chesney, Michigan Department of State
For
most people, voting in an election is a private experience that can
be accomplished with no greater obstacle than finding the time to
do so. However, for many of Michigan's 1.9 million residents with
disabilities, exercising the right to vote has often meant depending
on others to cast the ballot for them.
Voting in person, in private and without assistance has always been
a difficult if not impossible task for members of the state's disability
community. However, during the 2006 primary and general elections,
voting has been made easier for these individuals with the implementation
of revolutionary voting equipment championed by Secretary of State
Terri Lynn Land.
A new era in voting for people with disabilities has begun. For the
first time in state history, every polling location in Michigan now
has voting equipment available that is specially designed to enable
members of the disability community to mark their own ballots.
The device is called AutoMARK. It resembles a fax machine with a
large flip-up screen and attachments including headphones. The same
standard optical scan ballot other voters use is inserted into the
system, which then marks the ballot upon input from the voter.
Depending on their needs, voters may mark their ballot without assistance
using the screen or Braille keypad. Those with sight impairments may
also use magnification and contrast features on the screen to make
the ballot easier to read and headphones with an audio function that
reads the ballot out loud. In addition, voters have the option of plugging
in a foot pedal device, wand or personal sip/puff tube to cast their
vote.
When the ballot is completed, it is scanned and stored in the same
tabulator with all other ballots. Voters maintain the secrecy of their
ballot throughout the process.
More than 4,000 AutoMARK machines have been in operation for the
primary and general elections and their use will grow as more voters
become aware of this new option.
The features of the AutoMARK enhance the security and integrity of
our elections. When voters finish making their selections, the machine
gives them the opportunity to review their choices or have them read
back before the ballot is tabulated.
Under the federal Help America Vote Act (HAVA) of 2002, Michigan
and other states were required to have a compliant accessible voting
system in place for individuals with disabilities for federal elections
in 2006. The $34 million cost to implement the equipment was covered
by funds set aside by HAVA.
The new ballot-marking devices were selected after an extensive evaluation
process in which staff from the Michigan Department of State, Department
of Labor and Economic Growth and Department of Management and Budget
met with more than 80 representatives from the disability community
and local election officials. AutoMARK was the overwhelming choice
of both groups and was cited for its accessibility and ease of use.
The new equipment makes casting ballots easier for voters with disabilities.
It also advances their independence and privacy in the voting booth.
Ultimately, this helpful technology is giving those with disabilities
the opportunity to personally and fully exercise their right to vote,
which is a very important step forward for Michigan.
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