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the Capitol
The Michigan House of Representatives is tentatively
adjourned until Tuesday, November 22. Its next regularly scheduled session
is Tuesday, November 29.
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Michigan House of Representatives Session Schedule
The Michigan Senate
is tentatively adjourned until Tuesday, November 29.
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Legislation Recently Signed into Public Acts
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Rule
Amendments
2004-54
- Amendments of Rules 5.144, 5.203, 5.207, 5.302. 5.307, 5.404, and 5.409
of the Michigan Court Rules
The amendments
of MCR 5.144, 5.203, 5.207, 5.302, 5.307, 5.404, and 5.409, effective
immediately, were developed as a result of the state court administrative
office’s statewide conservatorship case review prompted by the
Performance Audit of Selected Probate Court Conservatorship Cases by
the Michigan Office of the Auditor General and the State Bar of Michigan
Probate and Estate Planning Section’s Uniformity of Practice Committee’s
survey of probate court practices. The amendment of MCR 5.144(A)(2) eliminate
the ability to close a conservatorship estate because of suspension of
a fiduciary unless there are insufficient funds available to hire a special
fiduciary, or after notice and hearing and a finding of good cause. The
amendment of MCR 5.203(D) adds the financial institution and guardian
ad litem to the list required to receive notice when a fiduciary is suspended.
The amendment of MCR 5.207(A) allows for better court oversight when
real property is sold. The amendment of MCR 5.302(A) requires that a
copy of a death certificate be attached to the petition or application
when commencing a decedent estate. In the event that the death certificate
is not available, the petitioner may provide alternative documentation.
The amendment of MCR 5.307(A) allows for the deduction of secured loans
when calculating the inventory fee due. The amendment of MCR 5.404(A)
creates a new subsection that requires the use of a SCAO approved social
history form when one is required to be filed with a petition for guardianship
of a minor. The amendment of MCR 5.409(B)(2) requires that joint property
belonging to the protected person be listed on the inventory along with
the type of ownership. The amendment of MCR 5.409(C)(1) clarifies that
the fiduciary must serve the account on the interested persons and file
the proof of service with the court. The amendment of MCR 5.409(C)(4)
provides the process for filing a proof of restricted account and annual
verification of funds on deposit with the court. The amendment of MCR
5.409(C)(5) adds the requirement to present a financial institution statement
to the court when filing the annual account. The amendment of MCR 5.409(C)(6)
requires the court to either review or allow the account annually and
to hold a hearing on the accounts at least once every three years.
Issued:November 15, 2005
Effective:November 15, 2005
Other
2005-01
- Appointment of Chief Judges of Michigan Courts
Issued: November 15, 2005
| At
The Bar
The Board of Commissioners met on Friday, November 18, 2005. The following
public policy positions were adopted by the State Bar of Michigan:
HB
4654 (Casperson)Original content same as HB
5142
Crimes; other;
duty to retreat before using deadly force in self-defense or defense of
another; eliminate under certain circumstances. Amends 1927
PA 175 (MCL 760.1 - 777.69)
by adding sec. 21c to ch. VIII.
HB
5142 (Casperson)Original content same as HB
4654
Crimes; other;
criminal forcibly entering or intruding into home or vehicle; allow person
to use deadly force in self-defense. Amends 1927
PA 175 (MCL 760.1 - 777.69)
by adding sec. 21c to ch. VIII.
HB
5143 (Jones) Original content same as HB
5153
Crimes; other;
right to self-defense and defense of others; clarify and provide for criminal
and civil immunity under certain circumstances. Creates new act.
HB
5153 (Mortimer) Original content same as HB
5143
Crimes; definitions;
flight requirement; eliminate. Creates new act.
SBM
POSITION: Consistent with a long-standing position of the State Bar, a
position of active opposition was adopted for those provisions in these
bills that would eliminate judicial discretion concerning the payment of
fees and costs at the conclusion of trial.
HB
5132 (Baxter) Libraries; state; requirement for certain public
documents to be provided to state libraries; eliminate when documents
are available on the internet. Amends sec. 9 of 1982
PA 540 (MCL 397.19).
SBM
POSITION: Consistent with the State Bar’s position
adopted in the 2003-04 legislative session on HB
5390'03, the State Bar adopted a position of "oppose in principle."
SB
815 (Cropsey) Original content same as HB
4732. Civil procedure; evictions; property managers and other nonlawyers
to represent businesses in certain eviction proceedings; allow. Amends 1961
PA 236 (MCL 600.101 - 600.9947)
by adding sec. 5707.
SBM
POSITION: The State Bar of Michigan adopted a position of active opposition,
which mirrors the position adopted
on HB 4732 in July 2005.
Proposed
New Interpretation 302-10, as distributed by the Council of the
Section of Legal Education, American Bar Association: Each law
school is encouraged to be creative in developing substantial opportunities
for student participation in pro bono activities. Pro bono opportunities
should involve the rendering of meaningful service to persons or
organizations of limited means. While law school pro bono programs
should generally involve law-related services, pro bono programs
that involve meaningful services that are not law-related also may
be included within the law school’s overall program of pro
bono opportunities. Law-related pro bono opportunities need not be
structured to accomplish any of the professional skills training
required by Standard 302(a)(4). While most existing law school pro
bono programs include only activities for which students do not receive
academic credit, Standard 302(b)(2) does not preclude the inclusion
of credit-granting activities within a law school’s overall
program of pro bono opportunities.
SBM
POSITION: The State Bar authorizes the Pro Bono Initiative of the
Committee on Justice Initiatives to submit comments to the ABA on
a proposal to broadly
interpret the language requiring law school clinic programs so that it
includes services that are not law related. The comments are generally
supportive of the concept, but urge that law related activities be addressed
more strongly.
State News
Tax
Issue May Stall Economic Proposals
(Detroit News, 11/20/05)
Granholm,
Delegation to Seek Solutions for Auto Industry
(Lansing State Journal, 11/16/05)
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