|
In
the Capitol
The
Michigan House of Representatives and Senate are adjourned until Tuesday,
December 2, 2003.
Committee
meetings of interest for the week of 11/30.
12/2/03
House Judiciary
Agenda items: HB
4308 Provide for waiver on no proof of insurance violations; HB
5271 Revise provisions concerning number of judges in third judicial
circuit.
Complete
Committee Meeting List
In
the Hall of Justice
Chief Justice: Judges Often Overstep Bounds
View
Full Text(mlive.com, 10/19/03)
At
the Bar
State Bar Establishes
Judges Hotline
The Board of Commissioners met on Friday,
November 21st. The following public policy
positions of the State Bar were adopted during
their meeting.
2003-25
- Proposed Amendment of Rules 3.977 and 7.204 of the Michigan Court Rules
The proposed amendments: 1) shorten the deadline for requesting
the appointment of counsel following entry of orders terminating parental
rights, 2) impose a new deadline for entry of the order appointing counsel
in such cases, 3) impose primary responsibility on the chief judge of
the court to ensure that the appointment is timely made, and 4) require
the appointment of counsel and the transcript order to be contained on
a form that functions as the claim of appeal.
Order entered: July 15, 2003
Comment period expired: November 1, 2003
Public Hearing: Tentatively scheduled for January 29, 2004
POSITION: Oppose in principle. Although the
State Bar is generally supportive of the goal of shortening the length
of time from the entry of orders terminating parental rights to appeal
of those orders, the State Bar has several concerns about the proposal's
provision requiring judges to initiate appeals on behalf of litigants.
2001-51
Proposed Amendment of Rule 404 of the Michigan Rules of Evidence
The proposals stem from a request of the Task Force on Domestic Violence
to amend MRE 404, 803 and 804 concerning evidence in domestic violence
cases. The amendments would address the admissibility of prior acts of
domestic violence and hearsay statements of a complainant-declarant.
Order entered: July 16, 2003
Comment period expired: November 1, 2003
Public Hearing: Tentatively scheduled for January 29, 2004
POSITION: Support in principle - Option A. The
proposed amendment would allow for the admittance of prior acts, which
may aid in the successful outcome of domestic violence cases. Option
A would allow for a judge to use discretion in the quantum of evidence.
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. TIE BAR WITH HB
4207 and HB
4209
Status: 02/12/03 - Referred to House Education Committee
POSITION:
Oppose in principle. Concern was noted on the disparities that would arise
across counties.
HB
4260 - Crimes; embezzlement; definition of "persons in a
relationship of trust with a vulnerable adult"; clarify.
Status: 02/20/03
- Referred to House Criminal Justice Committee
POSITION:
Active support. Also supported by the Legal Aid Committee, this bill would
set out in detail who is included in the definition "person in a
relationship of trust". Specifically, the term would apply to any
person entrusted with responsibility for managing the vulnerable adult's
money or property. This bill would allow for cases where a vulnerable
adult is abused to prosecute his/her abuser
|
HB
4661 - Courts; district court; district court magistrates who
are attorneys; allow to accept guilty or nolo contendere pleas for certain
offenses.
Status: 05/08/03 - Referred to House Judiciary Committee
POSITION:
Support in principle. Currently, there are non-lawyer magistrates.
This bill would encourage magistrates to be licensed attorneys.
HB
4706 - Records, medical; medical records access act; create.
HB
4755 - Health; medical records; sanctions for violation of
medical records access act; provide for. TIE BAR WITH HB
4706.
Status: 06/24/03 - Referred to the Senate Health Policy Committee
POSITION: No position. Authorization granted
to committees to advocate their positions.
SB
232 - Criminal procedure; evidence; prior acts of domestic violence;
allow to be admissible as evidence.
SB
233 - Crime victims; statements; hearsay rule; exempt certain
statements of domestic violence victims.
Status: 02/27/03
- Referred to Senate Judiciary Committee
POSITION:
Oppose in principle. Opposition based on a longstanding State Bar position
that any evidentiary changes should be made within the Michigan Rules
of Evidence rather than statute.
Sections
and Committees
The
Civil Procedure and Courts Committee submitted the following recommendations
for State Bar action on public policy issues. For a faxed copy of the
complete report, please call (517) 346-6325 or email ELYON@mail.michbar.org.
HB
4810 Civil procedure; costs and fees; threshold for requiring
attorney fee to be paid by party that rejected mediation; revise.
Oppose
adoption of HB 4810.
SB
689 Torts; malpractice; liability of emergency room
physicians; limit in certain circumstances.
Oppose
adoption of SB 689.
SB
690 Torts;
malpractice; statute of limitations extension for fraudulent concealment
in medical malpractice action; require plaintiff's sworn statement of
facts. TIE BAR WITH SB
692.
Oppose adoption
of SB 690.
SB
691 Torts; malpractice; affidavit of meritorious defense
in medical malpractice action; allow defendant to sign.
Oppose, with conditions, adoption of SB 691.
SB
692 Torts; malpractice; extension of statute of limitations
for fraudulent concealment; make inapplicable to medical malpractice
claim. TIE BAR WITH SB
690.
Support adoption of SB 692.
SB
788 Courts; judges; number of judgeships in the seventeenth
judicial circuit; increase.
Support adoption of SB 788.
The Negligence Law Section submitted the following positions:
HB
4706 Records; medical; medical records access act; create.
Support the adoption of HB 4706.
HB
4755 Health; medical records; sanctions
for violation of medical records access act; provide for. TIE BAR WITH
HB 4706.
Support the adoption of HB 4755.
View complete report
|
