Public Policy Update from the State Bar of Michigan
January 4, 2016
Volume 14 Issue 1

FOCUS: The MIDC Submits the First Set of Standards for Michigan Supreme Court Review
The Michigan Indigent Defense Advisory Commission (MIDC) has submitted the first set of proposed minimum standards for the local delivery of indigent criminal defense services for approval from the Michigan Supreme Court. The Court must approve each standard before local criminal indigent defense systems submit their plans to comply with the standards.
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In the Capitol

The House of Representatives and Senate are on winter break until January 13, 2016.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 12/15–12/17
View all bills introduced 12/15–12/17

Of Interest to the Legal Community
HB 5150 Civil procedure; remedies; judgments against municipalities; limit ability to collect by levying a tax or issuing bonds. Amends secs. 6093 & 6097 of 1961 PA 236 (MCL 600.6093 & 600.6097).

HB 5151 Property tax; payment and collection; payment of collected taxes by local tax collecting unit; provide for payment of judgment against local unit of government. Amends secs. 43, 44a, 51, 52, 52a & 54 of 1893 PA 206 (MCL 211.43 et seq.).

SB 0677 Civil procedure; foreclosure; judicial foreclosure; require for certain residential mortgages. Amends sec. 3201 of 1961 PA 236 (MCL 600.3201) & adds sec. 3117.

Of General Interest
SB 0672 Torts; liability; parental waiver of liability for minor; expand to include camping activities. Amends sec. 5109 of 1998 PA 386 (MCL 700.5109).

In the Hall of Justice

Proposed Amendments
2014-28—Proposed Amendment of MCR 2.403
The proposed amendments of MCR 2.403 would require the ADR clerk to notify counsel of the scheduled case evaluation panelists when sending the initial notice of case evaluation. Further, the proposal would require the ADR clerk to send notice of replacement evaluators no later than two business days before the hearing. If notice is not sent in that time, the hearing would be adjourned or the parties could stipulate to proceed.
Issued: December 23, 2015
Comment period expiration: April 1, 2016

2014-27—Proposed Amendment of MCR 2.305
This proposal, submitted by the SBM Representative Assembly, would clarify that subpoenas issued for the production of documents may occur only after the defendant has had reasonable time after the complaint is filed and served to obtain an attorney, as described in MCR 2.306(A)(1).
Issued: December 23, 2015
Comment period expiration: April 1, 2016

2014-04—Proposed Amendments of MCR 2.306
The proposed amendments of MCR 2.306(C)(5) and (C)(5)(b) would replace references to the word "conferring" or "confer" with "communicating" or "communicate." The proposed amendment of MCR 2.306(C)(5)(c) would clarify that the term "communicate" would include electronic transmission by text message, email or other electronic manner.
Issued: December 23, 2015
Comment period expiration: April 1, 2016

2015-23—Proposed Amendment of BLE Rule 6
The proposed order increases the fees for application for the bar examination from $340 to $400, reexamination from $240 to $300, application for recertification from $200 to $300, and application for admission without examination from $600 to $800.
Issued: December 23, 2015
Comment period expiration: April 1, 2016

Other Actions
2002-37 - Adoption of Amendments of Administrative Orders as Michigan Courts Transition to a Statewide E-filing System
Administrative Order No. 2011-1 (3rd Circuit Court--Wayne County)
Administrative Order No. 2010-6 (16th Circuit Court--Macomb County)
Administrative Order No. 2007-3 (6th Circuit--Oakland County)
Administrative Order No. 2010-3 (Oakland County--6th Circuit Court Family Division)
Administrative Order No. 2011-6 (Oakland County Probate Court--6th Circuit)
Administrative Order No. 2010-4 (13th Circuit Court--Antrim, Grand Traverse, and Leelanau Counties)
Administrative Order No. 2011-4 (20th Circuit Court, Ottawa County Probate Court, and 58th District Court)
Issued: December 23, 2015
Effective: January 1, 2016

At The Bar

Judicial Vacancy—10th District Court, Calhoun County

Sections and Committees
The Probate & Estate Planning Section submitted public policy position reports on the following items:
Support: HB 5139 Property; conveyances; joint tenancy; clarify ability to create unequal joint interests. Amends sec. 49 of 1846 RS 65 (MCL 565.49).

Support: HB 5140 (Pettalia) Property tax; assessments; procedures for determining whether there has been a transfer of ownership of property; modify. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).

Support: HB 5141 (Pettalia) Property tax; assessments; definition of transfer of ownership; modify certain excluded transfers. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).

Support: SB 0632 Courts; jurisdiction; jurisdiction on appeals from orders and judgments of the probate court; provide to the court of appeals. Amends secs. 308, 846, 866 & 867 of 1961 PA 236 (MCL 600.308 et seq.) & repeals secs. 861 & 863 of 1961 PA 236 (MCL 600.861 & 600.863).

Support: SB 0633 Courts; jurisdiction; appellate review of certain court orders by probate court; preclude. Amends sec. 1303 of 1998 PA 386 (MCL 700.1303).

Support: SB 0648 (Casperson) Property tax; assessments; definition of transfer of ownership; modify certain excluded transfers. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).

Support: SB 0649 Property; conveyances; joint tenancy; clarify ability to create unequal joint interests. Amends sec. 49 of 1846 RS 65 (MCL 565.49).

Support: SB 0650 (Casperson) Property tax; assessments; procedures for determining whether there has been a transfer of ownership of property; modify. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).

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