Public Policy Update from the State Bar of Michigan
January 31–February 6, 2011
Volume 9 Issue 6

FOCUS: Justice for All Reauthorization Act Introduced
On February 1, U.S. Senator Patrick Leahy introduced the Justice for All Reauthorization Act of 2011. The legislation proposes changes to the criminal justice system, including new ways to address the national crisis on delivering the constitutional right to counsel in criminal proceedings.
More information:
Press Release from Senator Leahy
Read the bill

In the Capitol
Committee Meetings of Interest for the Week of 2/7
2/8 Senate Judiciary
Agenda: SB 0077 Revise statute of limitations and statute of repose for actions against architects, engineers, and construction contractors; SB 0080 Increase penalties for financial exploitation of vulnerable adults under certain circumstances; SB 0081 Revise sentencing guidelines for crime of financial exploitation of vulnerable adult to reflect increased penalties; SB 0099 Prohibit possession of certain schedule 1 controlled substances, and provide a penalty.

2/10 House Appropriations: Corrections, Joint Meeting with Senate Appropriations: Corrections
Agenda: Michigan Department of Corrections Departmental Overview.

2/10 House Judiciary
Agenda: Presentations by the State Court Administrative Office on the Michigan Court System; Keith Barber, Legislative Corrections Ombudsman.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 2/1
Of Interest to the Legal Community

HB 4164 Traffic control; other; option of community service in lieu of payment of driver responsibility fees for certain low-income individuals; provide.

HB 4170 Income tax; income; compensation received under the wrongful imprisonment compensation act; provide a deduction.

HB 4171 Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for.

HB 4182 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 4183 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 4184 Traffic control; driver license; forms of identification necessary to apply for driver license; include corrections identification card.

HB 4185 Criminal procedure; sentencing; certain records necessary to obtain identification documents; assist convicted persons in obtaining.

At the Bar
Judicial Vacancy—16th Circuit Court Macomb County
Hon. Donald Miller is vacating his seat at 16th Circuit Court in Macomb County. State Bar members interested in applying for the judgeship should submit an application by February 18, 2011.
View Information

In the Hall of Justice
Administrative Orders
Administrative Order No. 2011-1—File No. 2002-37
E-filing Pilot Project in the 3rd Circuit Court (Wayne County)
Issued: February 1, 2011
Effective: January 1, 2011 or as soon thereafter as possible, and remain in effect until July 1, 2015, or until further order of the Court

Rule Amendments
2010-21 Amendment of Rule 8.110 of the Michigan Court Rules
The amendment of MCR 8.110(C)(5)(c)(4) excludes cases that are stayed during an interlocutory appeal from being included in the group of cases delayed beyond the time guidelines that are required to be reported by the chief judge to the State Court Administrator.
Issued: February 1, 2011
Effective: May 1, 2011

2010-36 Amendment of Rule 3.705 of the Michigan Court Rules
This amendment, submitted to the Court by the State Bar of Michigan Domestic Violence Committee, amends MCR 3.705 to allow sufficient time for a respondent to file a written motion and offer of proof at least 24 hours before a hearing as required by statute. MCL 600.2950a(4) requires that a respondent who wants to introduce evidence covered by the rape shield provision of MCL 750.520j submit a notice and offer of proof at least 24 hours before the hearing. Before adoption of this amendment, the rule's one-day notice of hearing requirement would not have provided the respondent 24 hours within which to submit the offer of proof, so the SBM Domestic Violence Committee recommended that the rule be amended to change the time provision regarding notice of hearing for a sexual assault PPO to two days instead of one day.
Issued: February 1, 2011
Effective: Immediately, but comment period open
Comment period expiration: June 1, 2011
Public hearing: To be scheduled

Proposed Amendments
2008-12 Proposed Amendment of Rule 2.002 of the Michigan Court Rules
Issued: February 1, 2011
Action: Declined to adopt and file closed

2009-22 Proposed Amendment of Rule 7.212 and Rule 7.215 of the Michigan Court Rules
Issued: February 1, 2011
Action: Declined to adopt and file closed

2010-17 Proposed Amendment of Rule 3.707 of the Michigan Court Rules
This proposal, submitted by the Michigan Judges Association, would clarify that the right to bring a motion to modify or terminate a personal protection order as established by MCR 3.707 applies to ex parte PPOs.
Issued: February 1, 2011
Comment period expiration: June 1, 2011
Public hearing: To be scheduled

Appointments
Appointment of Chief Judge of the Leelanau County Probate Court
Issued: February 1, 2011

Appointment of Chief Judge of the Tuscola County Probate Court
Issued: February 1, 2011

State News
Legislation Proposed by State Rep. Margaret O'Brien Could Help Released Prisoners Secure Proper Identification
(Kalamazoo Gazette, 2/6/11)

U-M Law Clinic: Records Prove Convicted Killer Mark Craighead is Innocent After All
(Detroit Free Press, 2/3/11)

Snyder Says State's Fiscal Health Care Shaky
(Detroit News, 2/1/11)

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