September 11, 2023
Volume 21, Issue 35

At the Capitol

9/12 Joint Meeting with House Criminal Justice and Senate Civil Rights, Judiciary, and Public Safety, 9:00 a.m. MORE
Agenda:
HB 4624 (Rep. Christine Morse) Human services: children's services; county child care fund reimbursement rate; increase.
SBM Position on HB 4624: Support.
HB 4625 (Rep. Brenda Carter) Juveniles: criminal procedure; use of screening tool for minors eligible for a certain diversion option; require.
SBM Position on HB 4625: Support.
HB 4626 (Rep. Kara Hope) Juveniles: other; length of time youth can be placed on precourt diversion program; limit.
SBM Position on HB 4626: Support with amendment to eliminate the possibility of restitution being used to exclude eligibility for pre-court diversion and the consent calendar, and to provide adequate criteria for determining when diversion should be extended beyond 3 months.
HB 4627 (Rep. Penelope Tsernoglou) Courts: family division; use of risk and needs assessment for juveniles in the juvenile justice system before disposition; require.
SBM Position on HB 4627: Support.
HB 4628 (Rep. Felicia Brabec) Courts: family division; use of screening tool for minors sought to be placed on the consent calendar; require.
SBM Position on HB 4628: Support.
HB 4629 (Rep. Amos O'Neal) Juveniles: other; detention of juveniles in certain circumstances; modify.
SBM Position on HB 4629: Support with an amendment, consistent with the Board’s position on the underlying Task Force recommendation, that: “Any statements, admissions, confessions, or incriminating evidence obtained from a minor in the course of a screening under this section are not admissible into evidence in any adjudicatory hearing in which the minor is accused and are not subject to subpoena or any other court purpose for use in any other proceeding or for any other purpose.”
HB 4450 (Rep. Tyrone Carter) Corrections: prisoners; provision of prison code relating to productivity time credit system; create.
HB 4451 (Rep. Kristian Grant) Corrections: prisoners; code of criminal procedure; update to reflect creation of productivity credits.
HB 4452 (Rep. Donavan McKinney) Corrections: prisoners; corrections code of 1953; update to reflect creation of productivity credits.
HB 4453 (Rep. Alabas Farhat) Crime victims: notices; notice to crime victim when a prisoner is eligible to receive credits toward sentence; require.
SB 418 (Sen. Sylvia Santana) Human services: children's services; county child care fund reimbursement rate; increase.
SBM Position on SB 418: Support.
SB 419 (Sen. Sylvia Santana) Juveniles: criminal procedure; use of screening tool for minors eligible for a certain diversion option; require.
SBM Position on SB 419: Support.
SB 421 (Sen. Veronica Klinefelt) Courts: family division; use of risk and needs assessment for juveniles in the juvenile justice system before disposition; require.
SBM Position on SB 421: Support.
SB 422 (Sen. Kristen McDonald Rivet) Courts: family division; use of screening tool for minors sought to be placed on the consent calendar; require.
SBM Position on SB 422: Support.
SB 423 (Sen. Roger Victory) Juveniles: other; detention of juveniles in certain circumstances; modify.
SBM Position on SB 418: Support with an amendment, consistent with the Board’s position on the underlying Task Force recommendation, that: “Any statements, admissions, confessions, or incriminating evidence obtained from a minor in the course of a screening under this section are not admissible into evidence in any adjudicatory hearing in which the minor is accused and are not subject to subpoena or any other court purpose for use in any other proceeding or for any other purpose.”

At the Court

The Court will hold a public administrative hearing next Wednesday, September 20th. Details can be found online.

Declined Amendment
ADM File No. 2020-19: Proposed Amendment of MCR 2.302 (decline to adopt)
Issued: 9/6/23
Effective: Immediately

Appointments
ADM File No. 2023-01: Appointments to the Attorney Discipline Board
Issued: 9/6/23
Effective: 10/1/23

ADM File No. 2023-01: Appointment to the State Bar of Michigan Board of Commissioners
Issued: 9/6/23
Effective: On adjournment of the 2023 annual meeting of the outgoing Board of Commissioners

Amendments
ADM File No. 2020-08: Amendments of Administrative Order No. 2020-17, MCR 2.408, and MCR 4.201
These amendments are the result of more than a decade of learned experience and continued innovation accelerated by unforeseen circumstances. They reflect what the Michigan judiciary has learned from the pandemic, including how to broadly conduct remote hearings, as well as what the judiciary has learned over the last 15 years from localized evictions diversion programs and over the last three years when scaling the concept of eviction diversion programs statewide.
Issued: 9/7/23
Effective: 11/6/23

Proposed Amendments
ADM File No. 2020-08: Proposed Rescission of Administrative Order No. 2020-17 and Proposed Amendment of MCR 4.201
The proposed rescission of AO 2020-17 reflects the Court’s review of the public comments received in this same ADM File regarding additional amendments of MCR 4.201. The proposed amendment of MCR 4.201 would ensure that courts with a local court rule under MCL 600.5735(4) implement their local court rule in accordance with the other provisions of MCR 4.201.
Issued: 9/7/23
Comment Period Expires: 1/1/24

At the Bar

September 21 Board of Commissioners Public Policy Agenda
The SBM Board of Commissioners will be considering several public policy items at its September 21 meeting. The public policy agenda can be reviewed online. Members of the State Bar are invited to submit comments to the Board of Commissioners on any of the items on the agenda. All comments received before the meeting will be shared with the Board.

September 21 Representative Assembly Agenda
The Representative Assembly will be meeting on Thursday, September 21, 2023. The agenda is posted online. Members of the State Bar are invited to submit comments to Representative Assembly on the public policy items on the agenda.

Links of Interest

SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
MCL Search Engines