Public Policy Update from the State Bar of Michigan
January 20–25, 2009
Volume 7 Issue 4

FOCUS: A study conducted by Justice Center at the Council of State Governments claims that Michigan could save $262 million over 6 years by releasing prisoners early.
See related news:
Plan Would Cut Michigan Prison Costs
(Detroit Free Press, 1/23/09)
Earlier Prison Releases Urged
(Detroit News, 1/23/09)
Parole Policy Changes Gain Endorsements
(Lansing State Journal, 1/23/09)
Parole Changes Suggest to Granholm, Lawmakers
(Lansing State Journal, 1/22/09)
Study: Michigan Could Save Millions with Early Release
(Detroit Free Press, 1/22/09)

In the Capitol
The Michigan House of Representatives will not meet on Tuesday, January 27 as previously announced. The next scheduled session day for the House is Tuesday, February 3. The Michigan Senate will be in session this week.

Committee Meetings of Interest for the Week of 1/26
1/28 Senate Appropriations
Agenda: Adoption of Committee Rules
State Budget Update—Gary Olson, Director, Senate Fiscal Agency

1/29 Senate Families and Human Services
Agenda: Approve Committee Rules
PENDING REFERRAL: A bill regarding Family law, Make miscellaneous revisions to friend of the court act; A bill regarding Family law, Modify enforcement of parenting time duties by friend of the court; A bill regarding Family law, Revise reference to domestic relations mediation in child custody act to reflect amendment to friend of the court act; A bill regarding Traffic control, Revise procedures for suspension and reinstatement of driver license due to child support arrearage; A bill regarding Civil procedure, Provide for consolidated fees from divorce, paternity, and family support acts; A bill regarding Family law, Allow contract of certain services through state court administrative office and eliminate child support bench warrant; A bill regarding Family law, Revise collection and distribution of child support provision; A bill regarding Family law, Revise collection and distribution of child support provision and allow friend of the court to prosecute certain paternity actions; A bill regarding Family law, Revise collection and distribution of child support provision and allow friend of the court to prosecute certain family support actions.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 1/22 Of Interest to the Legal Community

HB 4021 Corrections; prisoners; commutation hearings and procedures; expedite for prisoners who are terminally ill.

HB 4040 Crime victims; rights; right of victim of identity theft to file police report of that theft; provide for, and require court to order certain restitution.

HB 4041 Crime victims; rights; restitution of certain costs incurred by victims of identity theft; amend William Van Regenmorter crime victim's rights act to require.

HB 4042 Juveniles; criminal procedure; restitution of certain cost incurred by victims of identity theft; amend probate code of 1939 to require.

HB 4046 Civil procedure; foreclosure; mediation program and moratorium for residential mortgage foreclosures; establish.

HB 4052 Consumer credit; other; Michigan homeownership preservation fund; create, and finance with civil fines.

HB 4057 Courts; juries; option for jury in district court criminal trials to be composed of residents residing within that district; allow.

HB 4060 Courts; juries; option of juries in criminal trials comprised of residents of same municipality in which defendant resides; provide for in cities of over 750,000.

HB 4061 Family law; child support; termination of child support obligations when DNA evidence demonstrates payer is not the biological parent; provide for.

HB 4096 Criminal procedure; warrants; issuance of certain search warrants; revise.

HB 4098 Traffic control; driver license; driver responsibility fee; eliminate.

HB 4101 Traffic control; other; driver responsibility fee; allow to be assessed for only 1 year instead of 2.

HB 4112 Corrections; prisoners; certain prisoner reentry programs, including issuance of identification card and copies of other identifying documents; require, and require prisoners to obtain certain records.

HB 4113 State; identification cards; forms of identification necessary to apply for a state identification card; include corrections identification card and allow access to certain department of corrections data.

HB 4114 Traffic control; driver license; forms of identification necessary to apply for driver license; include corrections identification card.

HB 4115 Criminal procedure; sentencing; certain records necessary to obtain identification documents; assist convicted persons in obtaining.

HB 4117 Torts; other; false claims act; enact.

HB 4118 Human services; children's services; procedure for placement of children in a foster home; expand to give special consideration to relatives.

In the Hall of Justice
Justice Recusal Procedure on Agenda for Michigan Supreme Court's January 22, Public Administrative Conference

Prosecutors' Comments on Defendants' Post-Miranda Silence at Issue in Criminal Cases Before Michigan Supreme Court

Rule Amendments
2007-31—Amendment of Rule 4.201 of the Michigan Court Rules
The amendment of MCR 4.201(G)(1)(b) clarifies that service of process for purposes of a money claim is sufficient if completed pursuant to MCR 2.105; otherwise, if the defendant does not appear or file an answer to the complaint, a money claim must be dismissed without prejudice, or adjourned until service of process is complete.
Issued: January 20, 2009
Effective: May 1, 2009

2007-41—Amendments of Rules 2.112 and 2.403 of the Michigan Court Rules
The amendment of MCR 2.112 clarifies that the subrule provisions apply to actions based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death to which MCL 600.2957 and MCL 600.6304 apply, and more closely parallels the statutory provisions on which it is based. A similar change has been made in MCR 2.403(O)(10), which was also based on MCL 600.6304.
Issued: January 20, 2009
Effective: May 1, 2009

2007-42—Amendments of Rules 7.302, 7.314, and 7.316 of the Michigan Court Rules
These amendments authorize the Supreme Court to require a party to submit a corrective brief or to strike a nonconforming brief, similar to the authority given the Court of Appeals in MCR 7.212(I). The amendments also allow the Supreme Court to dismiss a case that the appellant failed to pursue in substantial conformity with the rules.
Issued: January 20, 2009
Effective: May 1, 2009

2008-24—Amendment of Rule 2.614 of the Michigan Court Rules
The amendments of MCR 2.614 conform to recent amendments of MCR 2.119, MCR 7.204, and MCR 7.205, adopted May 28, 2008, which clarified that a party seeking leave to appeal in 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.
Issued: January 20, 2009
Effective: May 1, 2009

2008-26—Retention of the Amendment of Rule 4 of the Rules Concerning the State Bar of Michigan
By order dated July 3, 2008, this Court amended Rule 4 of the Rules Concerning the State Bar of Michigan, effective October 1, 2008. 481 Mich lxxxii (2008). At the same time, the Court stated that it would consider at a future public hearing whether to retain the amendment, which authorized the waiver of annual bar dues for active duty military personnel who are members of the State Bar of Michigan. Notice and an opportunity for comment at a public hearing having been provided, the amendment of Rule 4 of the Rules Concerning the State Bar of Michigan is retained.
Issued: January 20, 2009
Effective: Immediately

Administrative Orders
Administrative Order 2009-1—File No. 2002-37 Extension and Expansion of E-Filing Pilot Project
Issued: January 20, 2009
Effective: Continued in effect through July 30, 2013.

At the Bar
Judicial Vacancy—Genesee County Probate Court
State Bar members interested in applying for the judgeship on the Genesee Country Probate Court, previously held by the late Hon. Robert E. Weiss, should submit an application by February 17, 2009.
View Information

Federal News
Michigan Lawmakers Mark Historic Day
(Lansing State Journal, 1/21/09)

State News
Lawmakers See Pain Ahead for State
(Lansing State Journal, 1/22/09)

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