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January 24, 2022
Volume 20, Issue 4
In the Capitol
1/25 Judiciary, 9:00 a.m. MORE
Agenda:
HB 4173 (Rep. Kara Hope) Criminal procedure: other; authority of counties to offer reward for information leading to an arrest and conviction; increase maximum reward.
HB 4195 (Rep. Pamela Hornberger) Family law: marriage and divorce; public disclosure of divorce filings; modify.
Family Law Section Public Policy Position on HB 4195: Support with Recommended Amendments.
HB 4701 (Rep. Gary Howell) Crimes: intoxication or impairment; methods of testing intoxication or impairment in the Michigan vehicle code; expand to include other bodily fluid.
HB 5588 (Rep. TC Clements) Animals: dogs; provision related to tattooing of certain dogs under the dog law of 1919; repeal.
HB 5589 (Rep. Ranjeev Puri) Animals: dogs; provision related to tattooing of dangerous dogs; repeal.
SB 244 (Sen. Jim Runestad) Civil procedure: service of process; proof of service; provide for verification of service.
SBM Public Policy Position on SB 244: Support.
SB 654 (Sen. Jon C. Bumstead) Courts: reorganization; reorganization of fifty-first and twenty-seventh circuit court, and seventy-eighth and seventy-ninth district courts; provide for.
SB 694 (Sen. Jon C. Bumstead) Courts: judges; number of judgeships in certain circuit courts; increase by 1 effective January 1, 2023.
1/26 House Local Government & Municipal Finance, 2:00 p.m. MORE
Agenda Item of Interest:
SB 259 (Sen. Sylvia Santana) Civil procedure: other; requirements for publication of legal notices in the revised judicature act; amend.
1/27 Senate Judiciary & Public Safety, 8:30 a.m. MORE
Agenda:
SB 626 (Sen. Kimberly A. LaSata) History and arts: historic sites; membership on the Michigan law enforcement officers memorial monument fund commission; expand.
HB 4821 (Rep. Timothy Beson) History and arts: historic sites; Michigan law enforcement officers memorial monument fund commission; extend commission.
Complete Committee Meeting List
Legislation Introduced Recently
Recently bills were introduced in the following areas of law:
In the Hall of Justice
Public Administrative Hearing – Rescheduled to Wednesday, March 16, 2022 from Wednesday, January 26, 2022
Administrative Order
ADM File No. 2021-10: Amendment of Administrative Order No. 2021-8
Issued: 1/19/22
Effective: Immediately
NEWS
Task Force on Forensic Science to Hold Remote Meeting, Public Comment Period
Supreme Court to Hear Oral Argument in Redistricting Case January 26
Advisory Council Seeks Public Comments on Jail Reforms
Panels Assess Judiciary’s Pandemic Response, Public Access to Court Proceedings
At the Bar
The Board of Commissioners met on January 21, 2022 at which time the State Bar of Michigan adopted the following public policy positions:
ADM File No. 2021-41 – Proposed Amendments of MCR 6.001, 6.003, 6.006, 6.102, 6.103, 6.106, 6.445, 6.615, and 6.933 and Proposed Additions of MCR 6.105, 6.441, and 6.450
The proposed amendments would make the rules consistent with recent statutory revisions that resulted from recommendations of the Michigan Joint Task Force on Jail and Pretrial Incarceration.
SBM Position: Support.
ADM File No. 2021-05 – Proposed Amendments of MCR 6.302 and 6.310
The proposed amendments of MCR 6.302 and 6.310 would require a court to specify the estimated sentencing guideline range as part of a preliminary evaluation of the sentence and to clarify that a defendant may withdraw a plea when the actual guidelines range is different than initially estimated.
SBM Position: Support with additional language added to Rule 6.302 to state explicitly that the defendant be allowed to withdraw plea should the guideline range be different than the one stated on the plea agreement.
ADM File No. 2019-16 – Proposed Amendment of MCR 7.212
The proposed amendment of MCR 7.212 would require appellate briefs to be formatted for optimized reading on electronic displays.
SBM Position: Support.
ADM File No. 2021-45 – Amendment of MCR 7.306
The amendment of MCR 7.306 creates procedure specific to original actions relating to cases filed involving the Independent Citizens Redistricting Commission.
SBM Position: Support.
ADM File No. 2021-31 – Proposed Amendment of MCR 8.110
In light of the federal Act making Juneteenth a federal holiday (PL117-17), this proposed amendment would similarly require that courts observe Juneteenth as a holiday. This proposed amendment is being considered in conjunction with other proposed amendments that would eliminate an existing holiday so as to retain the same number of holidays that are currently provided under the rule. The options the Court would like commenters to consider eliminating, if the commenters believe the number of holidays should remain the same, include the day after Thanksgiving, Christmas Eve, or New Year’s Eve, similar to Federal legal holiday designations. For purposes of comment, commenters are invited to indicate their support or opposition to any of the proposed amendments individually or combined.
SBM Position: Support Option D.
HB 5340 (Whiteford) Courts: other; family treatment court; create. Amends sec. 1082 of 1961 PA 236 (MCL 600.1082) & adds ch. 10D.
SBM Position: Support the concept of family treatment courts but oppose the requirement of participant waiver of counsel and the categorical exclusion of violent offenders.
HB 5436 (Fink) Criminal procedure: bail; procedure for pretrial release determinations, criteria a court must consider for pretrial release determination, and reporting of data on pretrial release decisions; provide for. Amends sec. 6 & 6a, ch. V of 1927 PA 175 (MCL 765.6 & 765.6a) & adds sec. 6g, ch. V.
HB 5437 (Yancey) Criminal procedure: bail; criteria a court must consider before imposing certain conditions of release and due process hearing related to pretrial detention; provide for. Amends sec. 6b, ch. V of 1927 PA 175 (MCL 765.6b) & adds sec. 6f, ch. V.
HB 5438 (VanWoerkom) Criminal procedure: other; certain definitions in the code of criminal procedure and time period required for disposition of criminal charges; provide for. Amends sec. 1, ch. I & sec. 1, ch. VIII of 1927 PA 175 (MCL 761.1 & 768.1).
HB 5439 (Young) Criminal procedure: bail; interim bail bonds for misdemeanors; modify. Amends sec. 1 of 1961 PA 44 (MCL 780.581).
HB 5440 (LaGrand) Criminal procedure: bail; requirements for the use of a pretrial risk assessment tool by a court making bail decision; create. Amends 1927 PA 175 (MCL 760.1 - 7677.69) by adding sec. 6f, ch. V.
HB 5441 (Johnson) Criminal procedure: bail; act that provides bail for traffic offenses or misdemeanors; repeal. Repeals 1966 PA 257 (MCL 780.61 - 780.73).
HB 5442 (Meerman) Traffic control: driver license; reference to surrendering license as condition of pretrial release and certain other references; amend to reflect changes in code of criminal procedure. Amends secs. 311 & 727 of 1949 PA 300 (MCL 257.311 & 257.727) & repeals sec. 311a of 1949 PA 300 (MCL 257.311a).
HB 5443 (Brann) Criminal procedure: bail; setting of bond related to spousal or child support arrearage; modify. Amends sec. 165 of 1931 PA 328 (MCL 750.165).
SBM Position: Support bail/bond legislation that aligns with the recommendations of the Michigan Joint Task Force on Jail and Pretrial Incarceration—namely, HB 5436-HB 5439 and HB 5441-HB 5443—and to oppose HB 5440, as it was not based upon any Task Force recommendation.
HB 5482 (Howell) Courts: drug court; eligibility to drug treatment courts; modify. Amends sec. 1066 of 1961 PA 236 (MCL 600.1066).
SBM Position: Support and recommend an amendment to MCL 600.1064(1) to align that provision’s language related to drug treatment court eligibility requirements for violent offenders with the language proposed in HB 5482.
HB 5483 (LaGrand) Courts: other; eligibility for mental health court participants; modify. Amends sec. 1093 of 1961 PA 236 (MCL 600.1093).
SBM Position: Support.
HB 5484 (Yancey) Courts: drug court; termination procedure for drug treatment courts; modify. Amends sec. 1074 of 1961 PA 236 (MCL 600.1074).
SBM Position: Support and recommend an amendment to MCL 600.1064(1) to align that provision’s language related to drug treatment court eligibility requirements for violent offenders with the language proposed in HB 5482.
HB 5541 (Fink) Occupations: attorneys; requirements for admission to state bar; modify. Amends secs. 931, 934 & 946 of 1961 PA 236 (MCL 600.931 et seq.) & adds sec. 935.
SBM Position: Support.
HB 5593 (Calley) Criminal procedure: mental capacity; community mental health oversight of competency exams for defendants charged with misdemeanors; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 20b to ch. VIII.
SBM Position: Support providing defendants in need with mental health referrals and treatment, but oppose the legislation as drafted.
NEWS
2022 Honor Roll Application & Pro Bono Service Reporting Survey Now Available
Applications are now being accepted for the 2022 Pro Bono Honor Roll for individual attorneys, solo practitioners, law firms, and corporations.
State Bar of Michigan Representative Assembly Awards
Nominations are now being accepted for two State Bar of Michigan Representative Assembly awards honoring attorneys for their outstanding achievements.
Links of Interest
SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
MCL Search Engines
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