November 15, 2004 - November 21, 2004
Volume 2 Issue 46

In the Capitol
The Michigan Senate is adjourned until November 30, 2004.
View the Michigan Senate’s Session Schedule

The Michigan House of Representatives is adjourned until November 30, 2004.
View the Michigan House of Representative’s Session Schedule

Complete Committee Meeting List
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Capitol Agenda
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(Detroit News, 11/20/04)

Legislation Recently Signed into Public Acts
PA 402 of 2004 – Armed Forces Commemoration Act, Effective 11/15/04
SB 1149 (Garcia) Veterans; other; commemoration date for United States armed forces; provide for. Creates new act.


In the Hall of Justice
Second Michigan "Adoption Day" Will Be November 23 - Michigan Celebrates Adoption Month
View Full Text (Michigan Supreme Court)

Proposed Amendments
2004-46 - Proposed Amendment of Rule 7.211 of the Michigan Court Rules
The proposal would amend MCR 7.211(C) by creating new subrule (9) to clarify the procedure for motions to seal Court of Appeals files and to unseal previously sealed files. The proposed rule incorporates by reference the procedures for sealing files in the trial courts set forth in MCR 8.119(F). The proposal also contains additional language unique to cases pending in the Court of Appeals.
Issued: November 17, 2004
Comment period expires: March 1, 2005
Public Hearing: To be scheduled

At the Bar
The Board of Commissioners met on Friday, November 19, 2004. The following public policy positions were adopted by a unanimous vote.

ADM File No. 2003-65 - Proposed Amendment of Rules 6.425 7.210 and 8.119 of the Michigan Court Rules
The proposed amendments were recommended by the Court of Appeals Record Production Work Group.
Issued: September 23, 2004
Comment period expires: January 1, 2005
Public Hearing: To be scheduled
POSITION: Support. The State Bar of Michigan supports the ongoing efforts of the Court of Appeals Record Production Work Group and supports the elimination of delays in the production of transcripts as an important part of achieving the goals of the Work Group.

ADM File No. 2004-40 - Proposed Amendment of Rule 3.215 of the Michigan Court Rules
The proposed amendment would implement 2004 PA 210, which redefines “de novo hearings” and allows trial courts to give interim effect to a referee’s recommended order pending a hearing de novo.
Issued: September 14, 2004
Comment period expires: January 1, 2005
Public Hearing: To be scheduled
POSITION: The Public Policy Committee will defer to the Executive Committee to adopt a position after December 10th, at which time the Family Law Section’s Council will have had an opportunity to meet and submit its position for consideration. The Standing Committee on Justice Initiatives’ position was adopted by the Public Policy Committee to refer to the Executive Committee for its consideration.

HB 6285 (Bieda) Courts; juries; juror qualification questionnaires; omit requirement of sending to certain individuals disqualified or excused from jury service. Amends sec. 1312 of 1961 PA 236 (MCL 600.1312).
Status: 9/29/04 Referred to the House Judiciary Committee
POSITION: Support in Principle. A correction is needed in the statute reference from section 1307a(c) to 1307a(1)(e).

Young Lawyers Section Seeks Volunteers for Holiday Dinner Preparation
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(State Bar of Michigan, 11/18/04)

Judicial Vacancy - 19th District Court
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Sections and Committees
The General Practice Section submitted the following public policy report:
Support: HB 6282 Health; medical records; release of personal health information; require to comply with HIPAA regulations.

The Criminal Jurisprudence and Practice Committee submitted the following public policy reports:
Support and Recommend State Bar Action:
HB 6130 Juveniles; criminal procedure; forensic examinations of juveniles to determine competency; allow. TIE BAR WITH HB 6131 and HB 6132.
HB 6131 Juveniles; criminal procedure; forensic examinations of juveniles to determine competency; allow. TIE BAR WITH HB 6130 and HB 6132.
HB 6132 Juveniles; criminal procedure; provisions relating to the alibi defense; expand to include juveniles. TIE BAR WITH HB 6130 and HB 6131.
Support and Recommend State Bar Action:
HB 6277 Criminal procedure; verdicts; recording of order setting aside forged deed following criminal conviction; provide for.
HB 6278 Civil procedure; other; recording of order setting aside forged deed following criminal conviction; provide for.

For a copy of these reports, please email elyon@mail.michbar.org.

State News
Mich. Ranks Fourth In Female Lawmakers
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(Detroit News, 11/18/04)

Experts: Jail Is No Remedy
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(Detroit News, 11/17/04)


Links of Interest
Public Policy Resource Center
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