Public Policy Update from the State Bar of Michigan
December 20, 2010–January 2, 2011
Volume 9 Issue 1

FOCUS: Public Defense Update—Duncan v. State of Michigan
Duncan v. State of Michigan, the challenge to Michigan's system of providing legal services to indigent defendants in criminal cases, will continue after several questions were raised by the defendant in December. Readers can recall that the Michigan Supreme Court heard oral arguments in March and in April, and without dissent, issued an order allowing the case to proceed. In July, however, upon reconsideration, the Court reversed that decision by a vote of 4-3, dismissing the case. The Court's order released November 30, also upon reconsideration, reverses that dismissal and reinstates the April order. The latest question addressed was the timeliness of a motion by the defendant to file for reconsideration given that the written dissent from Justice Corrigan was published after the November 30 Order.
April 30, 2010 Order
July 16, 2010 Order
November 30, 2010 Order
December 22, 2010 Order

In the Capitol
New Public Acts

In the Hall of Justice
Administrative Orders
Administrative Order No. 2010-6—File No. 2002-37
E-filing Pilot Project in the 16th Circuit Court (Macomb County)
Issued: December 28, 2010
Effective: January 1, 2011

Proposed Amendments
2008-18 Proposed Amendment of Rule 3.501 of the Michigan Court Rules
The proposed amendment of MCR 3.501(B) in Alternative A would require a change in circumstances to have occurred that would allow a party to file a supplemental motion for certification of a class within 21 days of the party's knowledge of the changed circumstances. The proposed amendment also would allow a party to file a motion for revocation or amendment of the certification. The court as well would be allowed to consider supplemental motions to recertify and revoke or amend the certification. The proposed amendment of MCR 3.501(B) in Alternative B would clarify that only one motion for certification may be brought, and that once granted, the certification may be amended or revoked.
Issued: December 21, 2010
Comment period expires: April 1, 2011
Public hearing: To be scheduled

2008-28 Proposed Amendment of Rule 6.005 of the Michigan Court Rules
The proposed amendment would revise MCR 6.005(H) to clarify that appointed defense counsel in a criminal proceeding either must file a substantive response to a prosecutor's application for interlocutory appeal or notify the Court of Appeals that the lawyer intends not to submit a pleading.
Issued: December 21, 2010
Comment period expires: April 1, 2011
Public hearing: To be scheduled

2009-20 Proposed Amendment of Rule 3 of the Rules Concerning the State Bar of Michigan and Rule 8 of the Rules for the Board of Law Examiners
The proposed amendment of SBR 3(E), submitted by the State Bar of Michigan, would clarify that an out-of-state attorney who voluntarily resigned from the Michigan bar would not be required to retake the Michigan Bar Examination if the person meets the criteria for admission without examination under Rule 5 of the Rules for the Board of Law Examiners. A similar change also would be made in SBR 3(F) regarding emeritus members. Finally, Rule 8 of the Rules for the Board of Law Examiners would be amended to reflect that resigned or emeritus members who seek readmission are covered under Rule 8, which allows for recertification.
Issued: December 21, 2010
Comment period expires: April 1, 2011
Public hearing: To be scheduled

2009-29 Proposed Amendment of Rule 5.208 of the Michigan Court Rules
This proposed amendment of MCR 5.208(A) would remove the requirement to list a decedent's last known address on the Notice to Creditors form. The proposed revision has been published for comment because of a concern that providing such information and publishing it in a newspaper might identify a location where a surviving spouse may be living and may unnecessarily place such a person at risk of harm.
Issued: December 21, 2010
Comment period expires: April 1, 2011
Public hearing: To be scheduled

2010-05 Proposed Amendment of Rules 2.112, 7.206, and 7.213 of the Michigan Court Rules
The proposed amendments of MCR 2.112 and MCR 7.206 were submitted by the Legislative Commission on Statutory Mandates as a way to increase the efficiency with which Headlee actions are considered and disposed in Michigan courts, and to regularize the procedures that relate to Headlee proceedings. The proposed amendment of MCR 7.213 was added to the proposal as a corollary to proposed MCR 7.206 to clarify the prioritization of cases.
Issued: December 21, 2010
Comment period expires: April 1, 2011
Public hearing: To be scheduled

Other Actions
Appointment of Chief Judge of the 48th Circuit Court
Issued: December 21, 2010

Supreme Court Appointments to the Committee on Model Civil Jury Instructions
Issued: December 28, 2010

Supreme Court Appointment to Attorney Grievance Commission
Issued: December 28, 2010

State News
Former State Representative Ebli Dies
(Detroit Free Press, 1/3/11)

Snyder Considers Justice Corrigan for DHS, Says He'll Craft 2-Year Budget
(Detroit News, 1/3/11)

Public Workers in Snyder's Sights
(Detroit News, 1/3/11)

Despite Many Fresh Faces, Michigan Still Has Political Clout
(Lansing State Journal, 1/3/11)

Rick Snyder Sworn in as Michigan's 48th Governor
(Detroit Free Press, 1/2/11)
See also:
Gov. Rick Snyder's Inaugural Address: 'It is Time to Start a New Era' in Michigan
(Detroit Free Press, 1/2/11)
Snyder Sworn in as Michigan Governor, Says Entrepreneurial Spirit Key to Rebirth
(Lansing State Journal, 1/2/11)

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