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In
the Capitol
FOCUS:
SB 1366 Bar Admission: Residency
SB 1366 amends the
Revised Judicature Act to remove the requirement that a person qualified
for admission to the bar in Michigan be a “resident” of
the United States. The Act’s current definition of “resident” includes,
but is not limited to, a member of the U.S. military service or its allies
who holds a temporary visa or permanent resident visa. The State Bar
of Michigan actively supports SB 1366 for several reasons. The bill would
allow a person residing outside the U.S. (citizen or non-citizen) to
be admitted to the State Bar of Michigan if he or she otherwise met all
legal requirements for admission – good moral character, required
legal education, fitness and ability, criminal background check, etc.
The bill would not lower the bar for any of these important qualifications. The present law discourages foreign students -- primarily, but not
exclusively, Canadian -- from attending law school in Michigan. Several
Michigan law schools offer joint programs with Canadian schools. For
example the University of Detroit Mercy offers a joint degree program
with the University of Windsor School of Law. these programs would continue
to be negatively affected if Canadian students who reside in Canada meet
all other requirements were denied admission to the State Bar of Michigan.
Moreover, foreign
law students in Michigan effectively face a “Catch
22” situation. Under federal rules a visa will not be issued unless
a person is admitted to the bar. In Michigan, a person cannot be admitted
to the bar unless he or she is a resident in the U.S. Furthermore, student
visas for foreign students expire almost immediately upon graduation,
not leaving enough time for a foreign law school graduate to study for
and take the bar exam.
Finally, and perhaps
most importantly, the State Bar of Michigan recognizes the need to
re-evaluate the residency requirement in light of today’s
globalized economy. Law firms with international practices increasingly
want to hire lawyers with expertise regarding other countries, cultures,
foreign business, and foreign law. The bill removes an obstacle to that
goal. In doing so it promotes the broader goal of attracting foreign
investment in Michigan, as foreign businesses will increasingly see evidence
of a knowledgeable and sophisticated base of international practice lawyers
in Michigan.
The bill is being taken up by the House Judiciary Committee on November
30 th at 8:30 a.m. in room 308 of the House Office Building.
Committee meetings of interest for the week of 11/19
11/30 House Judiciary
Agenda: HB
6244 Increase marriage license fee; HB
6285 Omit requirement of sending juror qualification questionnaires
to certain individuals disqualified or excused from jury service; HB
6345 Increase motion fees and earmark increase for certain guardian
ad litem services; SB
1366 Eliminate residency requirement for state bar; SB
1447 Provide for requirement for title IV-D agencies to provide
for certain liens; SB
1448 Provide for requirement for the title IV-D agency to notify
the child support lien network; SB
1449 Permit disclosure of certain information to assist in the
collection of child support arrearages; SB
1450 Require notice of heirs and devisees be given to friend of
the court; SB
1463 Eliminate election districts within the eighth judicial district.
SBM
POSITION: HB 6285 – Support
in Principle. A correction is needed in the statute reference
from section 1307a(c) to 1307a(1)(e).
Civil
Procedure and Courts Committee Position: HB 6285 – Support
SBM
POSITION: SB 1366 - Actively Support
For
a copy of these positions, please email elyon@mail.michbar.org.
11/30
Senate Judiciary
Agenda: HB
6226 Prescribe location of offices of judges of court of appeals; SR
304 A resolution to urge the Department of Community Health to
extend its moratorium on transferring forensic mental health patients
to local facilities and on issuing ground passes until public safety
measures are fully established and to work with the state's courts
to address this issue.
| 12/01
House Criminal Justice
Agenda: HB
6181 Revise penalties for window peeping; HB
6182 Enact sentencing guidelines for crime of trespassing for purposes
of window peeping; HB
5409 Include penalty provisions for violent crime committed in presence
of a child in sentencing guidelines, and establish certain warrant and
police policies for domestic violence involving individuals who have had
a dating relationship; HB
5493 Provide for record expungement for certain offenders; HB
6203 Provide for state and federal criminal history check of applicant
for an occupational license (horse racing); HB
6204 Provide for requirement for criminal history check of applicants; SB
773 Expand reporting protections to include computer technicians for
internet child pornography encountered in the scope of work; SB
1175 Establish sentencing guidelines for crimes related to damage or
destruction of research property; SB
1176 Establish increased penalties for damaging or destroying research
property or research; SB
1287 Prohibit and provide penalties for possessing certain explosive
or combustible substance or device; SB
1288 Enact sentencing guidelines for crime of possessing explosive
or incendiary substance or device; SB
1384 Establish right of victim of identity theft to obtain police report
of identity theft from law enforcement agency.
Complete Committee
Meeting List
View
Full Text
Capitol Agenda
View Full Text
(Detroit News, 11/27/04)
Legislation
Recently Signed into Public Acts
PA 403
of 2004 – Boxing Regulatory Act, Effective 11/22/04
HB
4335 (Robertson) Occupations; athletics; recodification of boxing statutes;
provide for. Creates new act & repeals art. 8 of 1980
PA 299 (MCL 339.801 - 339.814) & sec.
49 of 1979
PA 152 (MCL 338.2249).
TIE BAR WITH HB
4336.
PA 404 of 2004 – Boxing
Regulatory Act, Effective 11/22/04
HB
4336 (Robertson) Occupations; athletics; certain unarmed combat contests;
exempt from penal code. Amends sec. 447 of 1931
PA 328 (MCL 750.447).
TIE BAR WITH HB
4335.
PA 405 of 2004 – Joint
Municipal Planning: Land Use, Effective
HB
6047 (Ward) Land use; planning; certain compliances with joint planning
process; clarify. Amends sec. 5 of 2003
PA 226 (MCL 125.135).
In
the Hall of Justice
Linking
Foster Children to Community Support is Goal of New Michigan Supreme
Court Program; Advisory Committee Named
(Michigan Supreme Court, Nov. 23, 2004)
Proposed
Amendments
2004-47
- Proposed Amendment of Rule 7.302 of the Michigan Court Rules The
proposed amendment of MCR 7.302(C)(4) would allow a party to seek leave
to appeal in the Michigan Supreme Court from the denial of a motion for
rehearing of a Court of Appeals decision to remand a case to the trial
court. The proposed amendment also adds language that clarifies that
a 28-day time limit applies to application for leave to appeal in appeals
from orders terminating parental rights.
Issued: November 24, 2004
Comment period expires: March 1, 2005
Public Hearing: To be scheduled
At
the Bar
Sections
and Committees
The Animal
Law Section submitted a public
policy report:
Support: HB
6221 Education; curricula; alternative for students who
have a moral objection to dissection; require teacher to provide for.
Federal
News
Enforcement
Of Civil Rights Law Declined Since '99, Study Finds
(New York Times, Nov. 21, 2004)
Florida
Gives Doctors Three Strikes
(The Washington Times, Nov. 27, 2004)
Court Refuses Campaign Limits Case
(Washington Post, Nov. 29, 2004)
State
News
Legislators May Sidestep Budget
(Lansing State Journal, Nov. 27, 2004)
Legislature To Focus On Education Issues
(Detroit
News, Nov. 28, 2004)
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