Public Policy Update from the State Bar of Michigan
January 30–February 5, 2012
Volume 10 Issue 5

FOCUS: Governor Rick Snyder to Present FY 2013 and 2014 Budgets
On February 9, Governor Snyder will present his budget recommendations for Fiscal Years 2013 and 2014 before a joint meeting of the House and Senate Appropriations Committees.
See related:
2/9 House Appropriations, Joint Meeting with Senate Appropriations
Agenda: Presentation of Governor Snyder's fiscal year 2013 and 2014 budget recommendation.
Watch the presentation online
Schools, Others Hope for Money in Gov. Snyder's Spending Plan
(Detroit Free Press, 2/4/12)

In the Capitol
On February 9, the House of Representatives will begin session at 10 a.m.

Committee Meetings of Interest for the Week of 2/6
2/7 Senate Judiciary
Agenda: SB 863 Expand waiver for certain individuals to carry weapon in weapon-free zones to include employees of licensed private investigators; For Testimony Only: SB 60 Provide a deduction compensation received under the wrongful imprisonment compensation act; SB 61 Provide compensation for wrongful imprisonment for crime; And any other business properly before the committee.
SBM Position on SB 60 and SB 61: Support

2/9 House Appropriations, Joint Meeting with Senate Appropriations
Agenda: Presentation of Governor Snyder's fiscal year 2013 and 2014 budget recommendation.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 1/31–2/2
View all bills introduced 1/31-2/2
Of Interest to the Legal Community
HB 5340 Property tax; tax tribunal; judgment interest rate; revise. Amends sec. 37 of 1973 PA 186 (MCL 205.737).

Of General Interest
HB 5336 Elections; local; prosecuting attorney and sheriff elected at nonpartisan elections; provide for. Amends secs. 191, 195, 200, 203, 204, 205, 206, 206a, 209, 697, 699 & 706 of 1954 PA 116 (MCL 168.191 et seq.) & adds ch. XA.

HB 5337 Counties; charter; nonpartisan election of sheriff and prosecuting attorney; provide for. Amends sec. 14 of 1966 PA 293 (MCL 45.514).

In the Hall of Justice
Denise M. Kizy of Beverly Hills Named to Court Reporting and Recording Board of Review by Michigan Supreme Court

Rule Amendments
2004-55 Amendment of Rule 3.211 of the Michigan Court Rules
This amendment eliminates the requirement that the Supreme Court approve changes to the Uniform Support Order forms. Without explicit approval required by the Supreme Court, the forms will be updated like other forms that are revised on a regular basis within the State Court Administrative Office.
Issued: February 1, 2012
Effective: May 1, 2012

2010-15—Amendment of Rule 6.005 of the Michigan Court Rules
This amendment clarifies that trial counsel is required to make a defendant's file available to an appellate lawyer, and is required to retain the file for at least five years after disposition of the case in the trial court. This file was prompted by reports of appellate counsel having difficulty obtaining trial materials (especially video or audio materials that were not transcribed as part of the transcript). The five-year period mirrors the five-year retention period contained in MRPC 1.15(b)(2).
Issued: February 1, 2012
Effective: May 1, 2012

Proposed Amendments
2011-30 Proposed Amendment of Rules 5.801, 7.102, 7.103, 7.108, and Rule 7.109 of the Michigan Court Rules
The proposed amendments were submitted to this Court by the State Bar of Michigan Probate and Estate Planning Section in conjunction with the Michigan Judges Association, Michigan Probate Judges Association, and the Michigan Court of Appeals. The proposed changes would direct that all appeals from probate court be considered by the Court of Appeals instead of some orders being appealed to the Court of Appeals and other orders being appealed to the circuit court.
Issued: February 1, 2012
Comment period expiration: May 1, 2012

2012-05 Adoption of Rule 3.616 of the Michigan Court Rules
New MCR 3.616 implements the judicial action requirements of 2011 PA 225, the Young Adult Voluntary Foster Care Act, MCL 400.641 et seq.

This Court adopted the new rule to become effective April 1, 2012, to coincide with implementation of the Department of Human Services' new program to provide continuing voluntary foster care for youth between the ages of 18 and 21, which will begin operating on April 1, 2012. Having this new court rule in place will enable Michigan to receive federal Title IV-E funding for that program.

By this same order, the Court is inviting public comment to allow interested persons an opportunity to comment and to provide an opportunity to be heard at a future public hearing. This will allow the Court to consider amending the rule in response to any comments that it receives.
Issued: February 1, 2012
Effective: April 1, 2012
Comment period expiration: May 1, 2012

Other Actions
2012-01 Supreme Court Appointment to the Court Reporting and Recording Board of Review
Issued: February 1, 2012
Term: Completion of a term to end March 31, 2013

At the Bar
Practice Management Resource Center Presents "Law Practice Technology Essentials" Seminar

Lansing Black Lawyers Bar is Renamed Davis-Dunnings Bar Association to Honor Two Outstanding African American Practitioners

Sections and Committees
The Negligence Law Section submitted the following Public Policy position:
Oppose: HB 5153 Torts; liability; social services agency; grant immunity for providing child social welfare programs. Create new act.

State News
Michigan Lawmakers Take in More Than $5 Million in Campaign Donations in 2011
(Detroit Free Press, 2/1/12)

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