Public Policy Update from the State Bar of Michigan
January 4–11, 2009
Volume 7 Issue 2

FOCUS: Revenue Estimating Conference
On January 9, a Revenue Estimating Conference was held to determine projections for the current budget and for the next fiscal year. The reports were summarized as follows: the state budget is approximately $200 million short for the current fiscal year. The projected budget for the 2009-2010 fiscal year estimates a deficit of is $1.4 billion.
See also:
Department of Treasury (See Revenue Reports)
House Fiscal Agency
Senate Fiscal Agency

In the Capitol
The 95th State Legislature will be sworn into office on Wednesday, January 14.
House 2009 Session Schedule
Senate 2009 Session Schedule

Complete Committee Meeting List

New Public Acts

In the Hall of Justice
Marilyn Kelly is new Chief Justice of Michigan Supreme Court; Fifth Woman to serve as Head of High Court
See related:
Newly Democratic Michigan Supreme Court Elects Kelly as Chief Justice
(Detroit Free Press, 1/8/09)
Marilyn Kelly New Chief Justice of Michigan Supreme Court
(Detroit News, 1/8/09)
Kelly to Head Mich. Supreme Court
(Lansing State Journal, 1/8/09)

The Michigan Supreme Court will hold an administrative public hearing on Wednesday, January 14, 2009, from 9:30 a.m. to 11:30 a.m. in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street, Lansing, Michigan 48915.
Public Hearing Agenda

To reserve a place on the agenda, please notify the Office of the Clerk of the Court in writing at P.O. Box 30052, Lansing, Michigan 48909, or by e-mail at MSC_clerk@courts.mi.gov, no later than Monday, January 12, 2009.

Agenda Items of Interest:
2007-40—Proposed Amendment of Rule 7.205 of the Michigan Court Rules
Alternative A would adopt the principle that the period in which to file an application for delayed appeal pursuant to MCR 7.205(F) is tolled while a claim of appeal is pending. Alternative B would clarify that the period in which to file an application for delayed appeal pursuant to MCR 7.205(F) is not tolled while a claim of appeal is pending, except as allowed by the rule.
SBM Position: Support and Amend
Appellate Practice Section: Support
Civil Procedure & Courts Committee Position: Support and Amend

2007-41—Proposed Amendment of Rule 2.112 of the Michigan Court Rules
The proposed amendment of MCR 2.112 would clarify that the comparative negligence provisions apply to actions based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death. This language would more closely parallel the statutory provisions of MCL 600.2957 and MCL 600.6304, as amended by 1995 PA 249.
SBM Position: Oppose and Amend
Civil Procedure & Courts Committee Position: Oppose and Amend

2007-42—Proposed Amendments of Rules 7.302, 7.314, and 7.316 of the Michigan Court Rules
These proposals would give the Supreme Court the authority to correct a deficient brief or to strike a nonconforming brief, similar to the authority given the Court of Appeals in MCR 7.212(I). The proposals would also allow the Supreme Court to dismiss a case in which a party failed to pursue the case in conformity with the rules.
SBM Position: Support and Amend
Civil Procedure & Courts Committee Position: Support and Amend

2008-24—Proposed Amendment of Rule 2.614 of the Michigan Court Rules
The proposed amendments of MCR 2.614 are intended to make the rule consistent with recent amendments of MCR 2.119, 7.204, and 7.205, adopted May 28, 2008, and effective September 1, 2008, which clarified 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, a motion for rehearing or reconsideration, or a motion for other relief from the order or judgment appealed, to file a claim of appeal or an application for leave to appeal, if the motion is filed within the initial 21-day appeal period, or within further time the trial court has allowed for good cause during that 21-day period.
SBM Position: Support
Appellate Practice Section: Support
Civil Procedure & Courts Committee Position: Support

At the Bar
2009 Nominations Open for Major State Bar Awards; New Cahill Bar Leadership Award Established

Nominations Open for 2009 Representative Assembly Awards

Free Workshop for Attorneys Focuses on Representing the Hearing Impaired

ACES Panel to Discuss Theater Law at Wayne State January 22; Born Yesterday to Follow Program

The State Bar of Michigan's Public Policy, Image, and Identity Committee and the Board of Commissioners will meet on January 16, 2008. For more information, please contact pcunningham@mail.michbar.org.

Potential Public Policy Items for Action:
2008-29—Proposed Amendment of Rules 3.901, 3.903, 3.921, 3.965, 3.975, 3.976, 3.977, and 3.978, and New Rule 3.979 of the Michigan Court Rules
The proposed amendments of Rules 3.901, 3.903, 3.921, 3.965, 3.975, 3.976, 3.977, and 3.978, and new rule 3.979 of the Michigan Court Rules reflect the recent enactment of 2008 PA 199-203.

Care to Comment on this item?

Federal News
Justices OK Review of Voting Rights Law
(Detroit News, 1/10/09)

State News
New Lawmakers Have Diverse Backgrounds
(Lansing State Journal, 1/12/09)

State May Need to Cut Another $200M in '09 Budget
(Lansing State Journal, 1/10/09)

State Budget Cuts Likely
(Detroit News, 1/10/09)

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