Public Policy Update from the State Bar of Michigan
December 3-9, 2007
Volume 5 Issue 49

In the Capitol
Committee meetings of interest for the week of 12/10

12/11 Senate Judiciary
Agenda: SB 505 Provide for exemption for certain state court judges and state court retired judges from concealed weapons no-carry zones; SB 968 Allow fingerprinting of certain individuals for the purpose of receiving state and national criminal history record information.

12/12 House Judiciary
Agenda: HB 4755 Allow the names and addresses of taxpayers to be given to jury boards for purposes of selecting juror pools; HB 4859 Revise jury pool selection process; HB 4931 Expand lists of persons available for creating juror pools; HB 4932 Allow names and addresses of persons receiving unemployment benefits to be disclosed to jury boards for selecting jury pools; HB 4933 Allow names of persons receiving public assistance to be disclosed to jury boards for selecting jury pools; HB 4934 Allow names and addresses of taxpayers to be disclosed to jury boards for selecting jury pools. 

Complete Committee Meeting List

New Public Acts

Legislation Introduced 12/4 – 12/6
Of Interest to the Legal Community

HB 5512
Property; other; recording of deeds and other documents by register of deeds; revise. Amends secs. 24, 25, 27, 28 & 43 of 1846 RS 65 (MCL 565.24 et seq.); adds sec. 24a & repeals sec. 26 of 1846 RS 65 (MCL 565.26).

HB 5517 Public employees and officers; state; requirement for state officers' compensation commission to meet in 2008; provide for. Amends secs. 3, 6 & 7 of 1968 PA 357 (MCL 15.213 et seq.).

HB 5532 Housing; landlord and tenants; 30-day notice of foreclosure of property; require.

HB 5533 Traffic control; driver license; provision relating to license revocation; eliminate certain references to 10-year time frame for convictions for purpose of license revocation.

HB 5534 Criminal procedure; verdicts; recording of order setting aside forged deed following criminal conviction; provide for.

HB 5546 Retirement; judges; consolidation of employee retirement health care funds with employee health care funds; provide for.

Of General Interest
HB 5513 Family law; marriage and divorce; change of name procedure whenever decree of divorce is granted; revise to make gender neutral. Amends title & sec. 1 of 1905 PA 299 (MCL 552.391).

HB 5545 Retirement; state employees; consolidation of employee retirement health care funds with employee health care funds; provide for.

In the Hall of Justice
Supreme Court Oral Arguments This Week
Property Condemnation Dispute Before Michigan Supreme Court; Highway Project's Impact on Part of Land They Retain Should be Factor in Compensation, Owners Claim

Proposed Amendments
2007-36 - Proposed Amendment of 9.208 of the Michigan Court Rules
This proposal would require all parties to a Judicial Tenure Commission proceeding that is scheduled for a public hearing to exchange material in their possession that they intend to introduce as evidence at the hearing. Currently, this requirement applies only to the Judicial Tenure Commission. The proposal also would require the parties to give supplemental notice of any additional material at least 10 days before a scheduled hearing.
Issued: December 4, 2007
Comment period expires: April 1, 2008
Public hearing: to be scheduled

At the Bar
SBM Practice Management Resource Center Offers Seminar on Starting a Law Practice

Nominations Open for McCree Awards for Journalists

Sections and Committees
The Elder Law & Disability Rights Section submitted the following public policy position:
Support: HB 5187 Probate; guardians and conservators; power of conservator to mortgage or place lien on protected individual's home; require prior court approval. Amends secs. 5422 & 5423 of 1998 PA 386 (MCL 700.5422 & 700.5423).

The Family Law Section submitted the following public policy positions:
Support: ADM File No. 2005-31 - Amendments of Rule 3.602 of the Michigan Court Rules. The amendment eliminates the term “application,” substituting the words “motion” or “complaint,” depending upon pending action. The revisions also clarify that a complaint to stay or compel arbitration, or to vacate, modify or correct an award must first be filed, and then a motion, consistent with the spirit of 3.602(B)(1), must be filed. 

Support: ADM File No. 2005-36 - Proposed Amendment of Rules 2.119, 7.204, and 7.205 of the Michigan Court Rules.  The proposed amendments would clarify that a party who seeks to appeal to the Court of Appeals has 21 days after the entry of an order deciding a motion for new trial. For consistency, the time limit for filing a motion for rehearing or reconsideration under 2.119(F)(1) would be increased from 14 to 21 days.

Support: ADM File No. 2006-06 – Proposed Amendment of Rule 7.215 of the Michigan Court Rules.  The proposed amendment would shift responsibility for making an “outcome-determinative” assessment from the entire bench to the panel deciding the case in which the conflict is raised. The amendment would also require the panel to state the disposition it would have reached had it not been required to follow the prior published decision.

Support: ADM File No. 2007-09 - Proposed Amendment of 2.306 of the Michigan Court Rules. The proposed amendment would require objections to be concise, nonargumentative, and nonsuggestive, and would allow a court to impose sanctions against an attorney who fails to comply with the requirement. The proposed changes are similar to language contained in FR Civ P 30(d)(1).

The Negligence Law Section submitted the following public policy position:
Support: HB 4675 Insurance; no-fault; Michigan catastrophic claims association; require to comply with freedom of information act and open meetings act. Amends secs. 134 & 3104 of 1956 PA 218 (MCL 500.134 & 500.3104).
HB 4676 Civil rights; open meetings; catastrophic claims association; make subject to open meetings act. Amends secs. 2 & 3 of 1976 PA 267 (MCL 15.262 & 15.263).
HB 4677 Insurance; no-fault; annual audit of Michigan catastrophic claims association; require. Amends sec. 3104 of 1956 PA 218 (MCL 500.3104).
HB 4678 Insurance; no-fault; membership on Michigan catastrophic claims association board; increase. Amends sec. 3104 of 1956 PA 218 (MCL 500.3104).

State News
Gov. Says She Won't Raise Taxes Ever Again
(Lansing State Journal, 12/6/07)

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