Public Policy Update from the State Bar of Michigan
March 22-April 4, 2010
Volume 8 Issue 14

SBM Blog Post
USSC: Lawyers Must Inform Clients of Deportation Risk

In the Capitol
Session schedule: The Michigan House of Representatives and Senate will not hold session the week of April 4.
House Session Schedule
Senate Session Schedule

Complete Committee Meeting List

New Public Acts

In the Hall of Justice
Negligence—or Premises Liability? Nature of Claim at Issue in Slip and Fall Case before Michigan Supreme Court on April 15

Berrien County April 15, 2010, Oral Argument Resolution

At the Bar
Administrative Law Section to Host Michigan Public Service Commissioners' Luncheon

SBM Study: Lawyers Give Significant Pro Bono Support for Civil Legal Aid to the Poor

Sections and Committees
The Criminal Jurisprudence & Practice Committee submitted Public Policy positions on the following items:
Support and Amend: HB 5174 Juveniles; criminal procedure; juvenile competency and culpability; clarify. Amends sec. 1, ch. XIIA of 1939 PA 288 (MCL 712A.1) & adds secs. 18n, 18o, 18p, 18q & 18r to ch. XIIA.

Support and Amend: HB 5175 Juveniles; criminal procedure; juvenile competency and culpability; clarify. Amends 1974 PA 258 (MCL 330.1001–330.2106) by adding secs. 1060, 1060a, 1060b, 1062, 1064, 1066, 1068 & 1070.

Support and Amend: HB 5482 Mental health; forensic; restoration of juvenile to competency to proceed; clarify. Amends 1974 PA 258 (MCL 330.1001–330.2106) by adding secs. 1060c & 1072.

Support and Amend: HB 5483 Juveniles; criminal procedure; restoration of juvenile to competency to proceed; clarify. Amends sec. 1, ch. XIIA of 1939 PA 288 (MCL 712A.1) & adds sec. 18s.

Support and Amend: HB 5484 Juveniles; criminal procedure; certain statements made during juvenile competency evaluation; clarify. Amends 1939 PA 288 (MCL 710.21–712A.32) by adding sec. 18r to ch. XIIA.

Support and Amend: HB 5485 Juveniles; criminal procedure; juvenile competency definitions; clarify. Amends sec. 1, ch. XIIA of 1939 PA 288 (MCL 712A.1).

Support and Amend: HB 5486 Juveniles; criminal procedure; juvenile competency hearing; require. Amends 1939 PA 288 (MCL 710.21–712A.32) by adding sec. 18q to ch. XIIA.

Support and Amend: HB 5487 Juveniles; criminal procedure; juvenile competency and evaluation; clarify. Amends 1939 PA 288 (MCL 710.21–712A.32) by adding sec. 18n to ch. XIIA.

Support and Amend: HB 5488 Juveniles; criminal procedure; juvenile competency evaluation; require use of a qualified examiner. Amends 1939 PA 288 (MCL 710.21–712A.32) by adding sec. 18o to ch. XIIA.

Support and Amend: HB 5489 Juveniles; criminal procedure; juvenile competency evaluation and report; clarify. Amends 1939 PA 288 (MCL 710.21–712A.32) by adding sec. 18p to ch. XIIA.

Support: HB 5371 Courts; other; certain court fees; exempt prosecuting attorneys from paying. Amends secs. 321 & 2529 of 1961 PA 236 (MCL 600.321 & 600.2529).

Support: HB 5601 Courts; juries; individuals who fail to return jury questionnaires; ensure continued eligibility for jury service.

Support: HB 5783 Courts; juries; eligibility to postpone jury service of students; expand to include full-time higher education students. Amends sec. 1335 of 1961 PA 236 (MCL 600.1335).

The Justice Policy Initiative submitted Public Policy positions on the following items:
Support: HB 5468 Communications; technology; validity of judgment or order created with an electronic record or signature; clarify. Amends sec. 7 of 2000 PA 305 (MCL 450.837).

Oppose: HB 5518 Civil procedure; evictions; manner of serving summons and complaint in summary proceedings; revise. Amends sec. 5732 of 1961 PA 236 (MCL 600.5732) & adds sec. 5736.

Oppose: SB 0960 (George) Occupations; notaries public; procedure for notary public when witnessing the signature of certain individuals; revise. Amends sec. 25 of 2003 PA 238 (MCL 55.285).

The Prisons & Corrections Section submitted Public Policy positions on the following items:
Support and Amend: HB 4509 (Meadows) Corrections; prisoners; commutation hearings and procedures; expedite for commutations based on physical or mental incapacity or if prisoner is terminally ill. Amends sec. 44 of 1953 PA 232 (MCL 791.244).

Support and Amend: HB 4510 (Jones, Rick) Corrections; prisoners; commutation hearings and procedures; clarify provision regarding medical commutations. Amends sec. 35 of 1953 PA 232 (MCL 791.235).

Oppose: HB 5527 (Meadows) Sales tax; other; sales tax on services; implement. Amends secs. 1, 2, 4, 4a, 4d, 4h, 4j, 4q, 4t, 4u, 4w, 5b, 6, 10, 16a, 19, 23 & 25 of 1933 PA 167 (MCL 205.51 et seq.) & adds sec. 4c.

Oppose: HB 5528 (Meadows) Use tax; other; application of use tax to certain services; provide for. Amends secs. 4 & 20 of 1937 PA 94 (MCL 205.94 & 205.110) & adds secs. 3g & 4b.

Oppose: HB 5529 (Meadows) Michigan business tax; surcharge; surcharge tax; repeal. Repeals sec. 281 of 2007 PA 36 (MCL 208.1281).

State News
Michigan Governor's Financial Strategy Hits Snag
(Lansing State Journal, 4/5/10)

Supreme Court Stops New Trial for Grand Rapids Man Who Claims Blacks Were Excluded From Jury
(Mlive.com, 3/31/10)

Governor Granholm Defends Sales Tax Expansion on MSNBC
(Oakland Press, 3/29/10)

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