Public Policy Update from the State Bar of Michigan
April 22-28, 2013
Volume 11 Issue 17

FOCUS: Hearing on Indigent Defense Bills this week
On Wednesday, the House Criminal Justice Committee will hold a hearing on the recently introduced bills to reform indigent defense in Michigan. HB 4529 and HB 4530 would create a Michigan Indigent Defense Commission that would establish standards for local systems. The standards would be approved by the Michigan Supreme Court before taking effect. Under the bill, local systems would be held harmless at current levels of spending, with any additional funding to meet the standards coming from the state’s general fund. The State Bar of Michigan supports these bills. The hearing is on Wednesday morning at 10:30 a.m. in room 327 of the Anderson House Office Building. It will be televised live via House TV webcast.

FOCUS: SBM Public Policy now on Twitter
You can now get public policy updates throughout the week by following us on Twitter. Just follow @SBMPublicPolicy to get updates on bills, committee hearings and full House and Senate action throughout the week in addition to links to articles and discussion on law-related public policy.

In the Capitol
Committee meetings of interest for the week of 4/29
4/30 Senate Judiciary
Agenda: **PLEASE NOTE TIME**
HB 4127 Allow GPS bail monitoring of certain offenders;
Discussion with the Department of Licensing and Regulatory Affairs regarding conflicts of interest with licensing boards. And any other business properly before the committee.

5/1 House Criminal Justice
Agenda:
HB 4529 Implement statewide standards and accountability measures of trial-level indigent criminal defense services, and create the Michigan indigent defense commission act;
HB 4530 Modify appointment of counsel to indigent person charged with felony.
SBM Position on HB 4529: Support.
SBM Position on HB 4530: Support.

5/2 House Financial Liability Reform
Agenda Item of Interest:
HB 4319 Establish judges health reimbursement account, and require contributions under certain circumstances.

Complete Committee Meeting List

New Public Acts

At the Bar
SBM Pro Bono Initiative and Taxation Law Section Will Offer a Tax Law Training on June 8 in Lansing

General Practice Section to Present Medical Marijuana Law Seminar on May 9 in Farmington Hills

Temporary Phone Numbers for Macomb Courts

The Board of Commissioners met on April 26, 2013 at which time the State Bar of Michigan adopted the following public policy positions:

HB 4025 Civil procedure; evictions; court procedures; make miscellaneous revisions. Amends secs. 5732 & 5739 of 1961 PA 236 (MCL 600.5732 & 600.5739) & adds sec. 5736.
SBM Position: Oppose.

HB 4033 Cities; home rule; posting of legal notices as alternative to publishing; provide for. Amends 1909 PA 279 (MCL 117.1 - 117.38) by adding sec. 4t.
SBM Position: Support, with the amendment that notices are published under the requirements of Sections 4T(1)(A) and 4T1(1)(B).

HB 4064 Courts; records; digital court records and electronically filing court papers; allow. Amends secs. 832, 859, 1427, 2137 & 8344 of 1961 PA 236 (MCL 600.832 et seq.); adds secs. 1426 & 1428 & repeals 1949 PA 66 (MCL 780.221 - 780.225).
SBM Position: Support.

HB 4091 Courts; funding; mileage reimbursement rate for juror; increase. Amends sec. 1344 of 1961 PA 236 (MCL 600.1344).
SBM Position: Support.

HB 4120 Family law; child custody; joint custody in every custody dispute between parents; mandate except in certain circumstances. Amends secs. 5 & 6a of 1970 PA 91 (MCL 722.25 & 722.26a).
SBM Position: Oppose.

HB 4139 Criminal procedure; other; provision relating to proceedings to prevent crime; repeal. Repeals ch. XII of 1927 PA 175 (MCL 772.1 - 772.15).
SBM Position: Support.
(Position adopted by roll call vote: Commissioners voting in favor of the position: Allen, Brake, Buchanan, Einhorn, Gilmer, Gobbo, Grieco, Johnson, Ludden, McGinnis, Nolan, Olsman, Pero, Rockwell, Rombach, Shovein, Siriani, Sullivan, Warnez, Williams, and Courtade. Commissioners voting against the position: Costello, Haroutunian, Hegarty, Robinson, Ulrich. Commissioners excused: Barnes.)

HB 4186 Criminal procedure; expunction; record expunction for certain offenders; expand, and provide for under certain circumstances. Amends secs. 1, 3 & 4 of 1965 PA 213 (MCL 780.621 et seq.).
SBM Position: Support.

HB 4351 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).
SBM Position: Support.

HB 4412 Courts; records; digital court records and electronically filed court papers; allow in every state court, and provide for electronic signatures. Amends sec. 1427 of 1961 PA 236 (MCL 600.1427).
SBM Position: Support.

HB 4413 Courts; records; reproduction of digital court records and electronically filed court papers; give same force and effect as original for purposes of admissibility into evidence if authenticated. Amends sec. 2137 of 1961 PA 236 (MCL 600.2137).
SBM Position: Support.

HB 4414 Courts; records; electronic access to court records, pleadings, and practice; allow courts to provide. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding secs. 1426 & 1428 & repeals 1949 PA 66 (MCL 780.221 - 780.225).
SBM Position: Support.

HB 4415 Courts; records; digital court records and electronic filing of testimony given in probate court; allow. Amends sec. 859 of 1961 PA 236 (MCL 600.859).
SBM Position: Support.

HB 4416 Courts; records; digital court records and electronically filing of probate court papers; allow. Amends sec. 832 of 1961 PA 236 (MCL 600.832).
SBM Position: Support

HB 4417 Courts; records; validity and enforceability of certain judgments; allow a registry or a certified reproduction to serve as a complete replacement. Amends sec. 8344 of 1961 PA 236 (MCL 600.8344).
SBM Position: Support.

HB 4451 Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for. Creates new act.
SBM Position: Support with the recommended amendments:

  1. Change the language found in Section 4(C) and Section 5(C) from “DNA or equally reliable scientific or physical evidence” to “DNA or other reliable evidence.”
  2. Remove the following language from the bill: “from which the plaintiff’s judgment of conviction was entered.”
  3. Addition of a section authorizing that persons who are released from prisons based on exoneration are eligible for all the services available to those persons who are paroled

HB 4528 Occupations; immigration clerical assistants; regulation of immigration clerical assistants; revise. Amends title & secs. 3, 13, 17 & 21 of 2004 PA 161 (MCL 338.3453 et seq.) & repeals secs. 4, 7, 9 & 15 of 2004 PA 161 (MCL 338.3454 et seq.).
SBM Position: Support.

HB 4529 Criminal procedure; defenses; statewide standards and accountability measures of trial-level indigent criminal defense services; implement, and create the Michigan indigent defense commission act. Creates new act.
SBM Position: Support.

HB 4530 Criminal procedure; other; appointment of counsel to indigent person charged with felony; modify. Amends sec. 16, ch. XV of 1927 PA 175 (MCL 775.16).
SBM Position: Support.

HB 4532 Courts; records; digital court records and electronically filing court papers; permit as established by the supreme court. Amends secs. 832, 859 & 1427 of 1961 PA 236 (MCL 600.832 et seq.).
SBM Position: Support.

SB 0038 Civil procedure; garnishment; garnishment for failure to pay fines or costs ordered under the home rule cities act; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 4027.
SBM Position: Oppose.

SB 0098 Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for. Creates new act.
SBM Position: Support with the recommended amendments:

  1. Change the language found in Section 4(C) and Section 5(C) from “DNA or equally reliable scientific or physical evidence” to “DNA or other reliable evidence.”
  2. Remove the following language from the bill: “from which the plaintiff’s judgment of conviction was entered.”
  3. Addition of a section authorizing that persons who are released from prisons based on exoneration are eligible for all the services available to those persons who are paroled

SB 0105 Criminal procedure; DNA; collection of DNA samples at time of arrest for committing or attempting to commit a felony offense; provide for in DNA identification profiling system. Amends title & sec. 2, 3, 3a & 6 of 1990 PA 250 (MCL 28.172 et seq.).
SBM Position: Oppose.

SB 0106 Criminal procedure; DNA; collection of DNA samples at time of arrest for committing or attempting to commit a felony offense; provide for in probate code of 1939. Amends sec. 18k, ch. XIIA of 1939 PA 288 (MCL 712A.18k).
SBM Position: Oppose.

SB 0107 Criminal procedure; DNA; collection of DNA samples at time of arrest for committing a felony or attempting to commit a felony offense; provide for in Michigan penal code. Amends sec. 520m of 1931 PA 328 (MCL 750.520m).
SBM Position: Oppose.

SB 0162 Courts; jurisdiction; jurisdiction for prosecution of felony offenses; expand to include county where consequence intended to have effect. Amends sec. 8, ch. II of 1927 PA 175 (MCL 762.8).
SBM Position: Oppose.

SB 0300 Criminal procedure; defenses; statewide standards and accountability measures of trial-level indigent criminal defense services; implement, and create the Michigan indigent defense commission act. Creates new act.
SBM Position: Support.

SB 0301 Criminal procedure; other; appointment of counsel to indigent person charged with felony; modify. Amends sec. 16, ch. XV of 1927 PA 175 (MCL 775.16).
SBM Position: Support.

Sections and Committees
The Elder Law and Disability Rights Sections submitted public policy positions on the following items:
Support: HB 4382 Health; emergency response; do-not-resuscitate orders; authorize guardians to execute and provide other general amendments. Amends title & secs. 2, 3, 4, 5, 6, 8, 9, 10, 11 & 14 of 1996 PA 193 (MCL 333.1052 et seq.) & adds sec. 3a.

Support: HB 4383 Human services; adult foster care; citation to do-not-resuscitate orders; revise. Amends sec. 4 of 1979 PA 218 (MCL 400.704).

Support: HB 4384 Probate; guardians and conservators; guardian's authority to consent to a do-not-resuscitate order; clarify, and provide procedure. Amends secs. 1103, 5303, 5305 & 5314 of 1998 PA 386 (MCL 700.1103 et seq.).

State News
Mich. Court Chief: Trial Judges Deserve More Pay
(WNEM.com, 4/26/13)

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