November 12-19, 2006
Volume 4 Issue 46

In the Capitol
Complete Committee Meeting List

New Public Acts

Legislation Introduced 11/14
Of Interest to the Legal Community

HB 6615 Courts; other; land use court; create.

HB 6627 Criminal procedure; sentencing; assessment of $10.00 to individuals who have committed an alcohol-related offense; require and earmark to drug treatment courts.

HB 6638 Economic development; obsolete property and rehabilitation; procedures in neighborhood area improvements act relating to condemnation of blighted property; revise.

HB 6639 Local government; other; blighted area rehabilitation; procedures in blighted area rehabilitation act for condemnation of blighted property; revise.

Of General Interest
HB 6621 Land use; planning; comments of government entities on proposed plans; require planning commission to respond to.

HB 6631 Crimes; escape; definition of place of confinement for purposes of establishing prison break; revise, and increase penalty.

HB 6632 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of escaping from prison or other lawful place of confinement; revise to reflect increased penalty. TIE BAR WITH: HB 6631'06

HB 6633 Traffic control; parking; use of volunteers to enforce parking violations; expand.

HB 6649 Occupations; lobbyists; limitations on lobbyists' contributions to certain individuals; provide for.

HB 6651 Legislature; legislators; voting on bills or chairing a committee when a conflict of interest exists; prohibit.

In the Hall of Justice
Michigan Adoption Day to be held November 21 - 4th annual event celebrates adoptive families and children

Rule Amendments
2006-39 - Amendment of Rule 1.10 of the Michigan Rules of Professional Conduct
This amendment clarifies that when an attorney associates with a new firm, the attorney’s disqualification does not necessarily disqualify the attorney’s new firm by imputed disqualification, if the new firm imposes timely and appropriate screening under MRPC 1.10(b). The amendment clarifies that MRPC 1.10(b) governs the issue of imputed disqualification following the transfer of an attorney to a new firm, which was the intent of the rule and has been the practice since the rule was adopted in 1988 and further amendments were adopted in 1990. This proposal was prompted by the decision issued in Nat’l Union Fire Ins Co v Alticor, Inc. ___ F3d ___; 2006 WL 2956522 (CA 6, 2006).
Issued: November 14, 2006
Effective: November 14, 2006
Comment period expires: March 1, 2007
Public Hearing: To be scheduled

Proposed Amendments
2006-35 - Proposed Amendment of Rule 6.445 of the Michigan Court Rules
The November 14, 2006, proposed amendment of the rule would create uniformity between MCR 6.302, which deals with the requirements for pleas of guilty and nolo contendere to criminal offenses, and MCR 6.445, which deals with the requirements for pleas of guilty in probation revocations.
Issued: November 14, 2006
Comment period expires: March 1, 2007
Public Hearing: To be scheduled

At the Bar
FOCUS: The Board of Commissioners met on Wednesday, September 13, 2006. The following public policy positions were adopted by the State Bar of Michigan:

SB 1203 (Cropsey) Liens; foreclosure; individuals authorized to foreclose a mortgage; expand and provide certain revisions to redemption period. Amends secs. 3240 & 3241a of 1961 PA 236 (MCL 600.3240 & 600.3241a).
POSITION: Authorize the Real Property Law Section to advocate its position. View Section Position

HB 4918 (Ward) State; employees and officers; state officers compensation committee; revise to conform to state constitution. Amends sec. 7 of 1968 PA 357 (MCL 15.217).
HB 4919 (Waters) State; employees and officers; state officers compensation committee; revise to conform to state constitution. Amends secs. 3 & 6 of 1968 PA 357 (MCL 15.213 & 15.216).
POSITION: Active Support

HB 6543 (Kahn) Crimes; definitions; gang felony crimes; create. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 411u. POSITION: Active Opposition

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).
POSITION: Support in Principle. The scope of the bill should be expanded to any conviction finally reversed.

Two Judicial Vacancies
Hon. Deborah G. Tyner is vacating her seat on the 6th Circuit Court. Hon. Stephen Cooper is vacating his seat on the 46th District Court. State Bar members interested in applying for the judgeship should submit an application by November 27, 2006.
View Information

New SBM Initiative to Address Civil Law Consequences of Criminal Convictions

Federal News
$125 Million Trial Complex Planned at Gitmo
(Washington Times, 11/18/06)

Justice Priorities Outlined by IG
(Washington Times, 11/18/06)

New Focus on Affirmative Action
(Washington Post, 11/17/06)

Judge Hits Law on Crack Cocaine
(Washington Times, 11/15/06)

State News
New Year Could Bring New Ways of Looking at State's Tax Structure
(Detroit News, 11/19/06)

Michigan's Deficit Climbs to $173 Million
(Detroit Free Press, 11/17/06)

Court Considers Whether Michigan Voters Must Show I.D.
(Mlive.com, 11/14/06)

 

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