Public Policy Update from the State Bar of Michigan
April 29-May 5, 2013
Volume 11 Issue 18

In the Capitol
FOCUS: Indigent Defense bills
Last week the House Criminal Justice Committee took testimony on a pair of bills to create the Michigan Indigent Defense Commission. This week identical Senate bills will be up for a hearing in Senate Judiciary. Just as in the House committee last week, no vote is anticipated in Senate.

Committee meetings of interest for the week of 5/6
5/7 Senate Judiciary
Agenda:
HB 4382 Authorize guardians to execute do-not-resuscitate orders and provide other general amendments;
HB 4383 Revise citation to do-not-resuscitate orders;
HB 4384 Clarify guardian's authority to consent to a do-not-resuscitate order, and provide procedure;
HB 4139 Repeal provision relating to proceedings to prevent crime;
HB 4126 Limit liability of persons under equine activity liability act to willful or wanton acts under certain circumstances;
SB 300 Implement statewide standards and accountability measures of trial-level indigent criminal defense services, and create the Michigan indigent defense commission act;
SB 301 Modify appointment of counsel to indigent person charged with felony; And any other business properly before the committee.
Elder Law & Disability Rights Section Position on HB 4382 – HB 4384: Support.
SBM Position on HB 4139: Support.
SBM Position on SB 300: Support.
SBM Position on SB 301: Support.

5/8 House Criminal Justice
Agenda:
HB 4083 Create Michigan crime stoppers act, and provide for criminal assessments to fund crime stopper activities;
HB 4441 Revise certain provisions in the natural resources and environmental protection act regarding operating a vessel while intoxicated or impaired or with an unlawful bodily alcohol content;
HB 4442 Revise sentencing guidelines; sentencing guidelines for operating vessel while intoxicated or impaired or with an unlawful bodily alcohol content;
HB 4443 Prohibit operation of a snowmobile by certain individuals under the influence of alcoholic liquor or a controlled substance;
HB 4444 Revise sentencing guidelines for operating snowmobile under influence of alcoholic liquor;
HB 4445 Prohibit operation of an off-road vehicle by certain individuals under the influence of or visibly impaired by alcohol or a controlled substance;
HB 4446 Enact sentencing guidelines for operating ORV under influence of or visibly impaired by alcohol or a controlled substance;
HB 4186 Expand record expunction for certain offenders, and provide for under certain circumstances.
SBM Position on HB 4186: Support.
Criminal Jurisprudence & Practice Committee Position on HB 4186: Support.
Prisons & Corrections Section Position on HB 4186: Support.

5/9 House Financial Liability Reform
Agenda:
HB 4319 Establish judges health reimbursement account, and require contributions under certain circumstances.

5/9 House Judiciary
Agenda:
HB 4613 Modify requirement for lawful reentry by landlord in case of death of tenant;
HB 4189 Revise procedures for objection by judge of parole for prisoner;
HB 4486 Allow involuntary substance abuse assessment, stabilization, and treatment for adults.
Prisons & Corrections Section Position on HB 4189: Support.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 4/16 – 4/18
View all bills introduced 4/16-4/18
Of Interest to the Legal Community
HB 4570 Courts; juries; eligibility to postpone jury service of students; expand to include full-time higher education students under certain circumstances. Amends sec. 1335 of 1961 PA 236 (MCL 600.1335).

HB 4583 Children; parental rights; immediate termination of parental rights and visitation rights for parent or legal guardian upon sentencing for criminal sexual conduct or other sex crimes; allow. Amends sec. 19b, ch. XIIA of 1939 PA 288 (MCL 712A.19b).

HB 4584 Family law; parenting time; immediate termination of a grandparenting time order upon sentencing for certain criminal sexual conduct; allow. Amends sec. 7b of 1970 PA 91 (MCL 722.27b).

SB 0325 Children; abduction; uniform child abduction prevention act; create. Creates new act.

Of General Interest
HB 4558 Human services; adult foster care; electronic monitoring devices in adult foster care facilities; allow. Amends 1979 PA 218 (MCL 400.701 - 400.737) by adding sec. 27a.

HB 4567 Crimes; intoxication or impairment; penalties for certain alcohol- and drug-related driving violations; increase. Amends sec. 625 of 1949 PA 300 (MCL 257.625).

HB 4568 Criminal procedure; sentencing guidelines; sentencing guidelines for certain alcohol- and controlled substance-related driving violations; revise. Amends sec. 12f, ch. XVII of 1927 PA 175 (MCL 777.12f).

HB 4589 Children; adoption; adoption of children in foster care by foster parents; clarify. Amends secs. 41, ch. X of 1939 PA 288 (MCL 710.41) & adds sec. 42 to ch. X.

SB 0316 Taxation; administration; disclosure of certain information to certain individuals; allow. Amends sec. 28 of 1941 PA 122 (MCL 205.28).

SB 0318 Corrections; parole; parole of certain juvenile offenders; allow under certain circumstances. Amends sec. 34 of 1953 PA 232 (MCL 791.234).

SB 0319 Criminal procedure; sentencing; procedures for determining whether juvenile convicted of murder should be sentenced to imprisonment without parole eligibility; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 32 & 33 to ch. IX.

SB 0321 Crimes; trespassing; process servers; exempt from trespassing law under certain circumstances. Amends sec. 552 of 1931 PA 328 (MCL 750.552).

SB 0323 Public employees and officers; compensation and benefits; public employer contribution to medical benefit plan; modify limitation on coverage amount. Amends sec. 3 of 2011 PA 152 (MCL 15.563).

Legislation Introduced 4/23 – 4/25
View all bills introduced 4/23-4/25
Of Interest to the Legal Community
HB 4606 Juveniles; truancy; family division of the circuit court to notify secretary of state of truancy disposition; provide for. Amends 1939 PA 288 (MCL 710.21 - 712A.32) by adding sec. 2f to ch. XIIA.

Of General Interest
HB 4612 Insurance; no-fault; coverage and benefits; make miscellaneous changes and create an insurance fraud prevention authority. Amends title & secs. 102, 3101, 3104, 3107, 3114, 3135, 3148, 3157, 3163, 3172, 3301, 3330, 4501 & 6107 of 1956 PA 218 (MCL 500.102 et seq.) & adds secs. 3104a, 3107c & 3181 & ch. 63.

HB 4613 Housing; landlord and tenants; requirement for lawful reentry by landlord; modify in case of death of tenant. Amends sec. 2918 of 1961 PA 236 (MCL 600.2918).

HB 4617 State agencies (proposed); other; office of immigrant integration; establish. Creates new act.

HB 4628 Family law; marriage and divorce; notary public to perform marriage ceremonies; allow. Amends sec. 7 of 1846 RS 83 (MCL 551.7).

SB 0327 Taxation; administration; certain guidelines used by employees involved in the administration, collection, or auditing of taxes; clarify. Amends sec. 4 of 1941 PA 122 (MCL 205.4).

In the Hall of Justice
Rule Amendments
2005-11 - Amendments of Canons 2, 4, 5, and 7 of the Code of Judicial Conduct and Amendment of Rule 8.2 of the Michigan Rules of Professional Conduct
These amendments reflect an effort to make the judicial canons consistent regarding law-related and nonlaw-related extrajudicial activities in which judges may participate, and to clarify the activities that are allowed or prohibited. The proposal retains the explicit prohibition on a judge individually soliciting funds, and likewise prohibits the use of the prestige of the office for that purpose. The newly-constituted Canon 4, which consolidates previous Canon 4 and Canon 5 into one canon, permits a judge to engage in various specific activities, including serving as a member of an honorary committee or joining a general appeal, speaking at or receiving an award at an organization’s event, and allowing the judge’s name to be used in support of a fundraising event. The proposal also includes several suggested revisions that were recommended during the public comment period.

In addition to combining Canons 4 and 5 into one canon, the amendments eliminate the language of Canon 7C that prohibited a judge from accepting a testimonial, and move the reformulated language from Canon 7C(2) prohibiting a judge from accepting a contribution of money to Canon 2G. Also, the proposal clarifies Canon 2 so that activities allowed under Canon 4 are not considered a violation of the principle of use of the prestige of office. Further, the amendments clarify that certain canons of the Code of Judicial Conduct (specifically Canons 1, 2, 4[A]-[D] and 7) apply to all candidates for judicial office as part of the new language inserted as Canon 5. Finally, MRPC 8.2 (which applies to lawyers) is amended to reflect that the judicial canons applicable to judicial candidates are set out in new Canon 5.

Nearly all of the current language in Canon 2, 4, 5, and 7 is retained in this proposal. The new language adds explicit provisions to describe the types of activities that are allowed or prohibited for judges which until now had been undefined and therefore the source of confusion.  
Issued: May 1, 2013
Effective: September 1, 2013

2010-34 - Amendment of Rule 6.419 of the Michigan Court Rules
New subrules (A) and (B) are modeled on FR Crim P 29. As with the 1994 Amendments to FR Crim P 29, this amendment should remove the dilemma in cases in which the trial court would feel pressured to make an immediate, and possibly erroneous, decision or violate the former version of the rule by reserving judgment on the motion. The stakes in this area are unusually high because double jeopardy precludes appellate review of a trial court’s decision to grant a motion for directed verdict of acquittal before the jury reaches a verdict. See, e.g., Evans v Michigan, ___ US ___; 133 S Ct 1069; 185 L Ed 2d 124 (2013). Allowing the court to reserve judgment until after the jury returns a verdict mitigates double jeopardy concerns because “reversal would result in reinstatement of the jury verdict of guilt, not a new trial.” Id., 133 S Ct at 1081 n 9, citing United States v Wilson, 420 US 332; 95 S Ct 1013; 43 L Ed 2d 232 (1975).
Issued: May 1, 2013
Effective: September 1, 2013

Administrative Orders
2004-04 - Adoption of Administrative Order No. 2013-4
 Adoption of Concurrent Jurisdiction Plan for the 56th Circuit Court, the 56-A District Court, and the Eaton County Probate Court.
Issued: May 1, 2013
Effective: Immediately

2004-04 – Adoption of Administrative Order No. 2013-5
 Adoption of Concurrent Jurisdiction Plan for the 54th Circuit Court, the 71-B District Court, and the Tuscola County Probate Court.
Issued: May 1, 2013
Effective: Immediately

 

Proposed Amendments
2012-06 - Proposed Amendment of Rule 9.221 of the Michigan Court Rules
 The proposed amendment of MCR 9.221 would add a new subrule (I) that would require the Judicial Tenure Commission to notify a court’s chief judge if a referee or magistrate is subject to a corrective action that does not rise to the level of a formal complaint, including a letter of caution, a conditional dismissal, an admonishment, or a recommendation for private censure. The new requirement would not apply to a dismissal with explanation.
Issued: May 1, 2013
Comment period expiration: September 1, 2013

2012-30 - Proposed Amendments of Rule 2.621 and Rule 2.622 of the Michigan Court Rules
The proposed amendments of MCR 2.621 and MCR 2.622 were submitted to the Michigan Supreme Court on behalf of the “Receivership Committee” (a committee created because of a need identified by the Debtor/Creditor Rights Committee of the Business Law Section of the State Bar of Michigan) to expand and update the rules regarding receivership proceedings.
Issued: May 1, 2013
Comment period expiration: September 1, 2013

2013-18 - Proposed New Rules 2E.001 et seq. of the Michigan Court Rules
This series of proposed new “2E” rules contains court rules regarding e-filing in Michigan courts. Please note that this proposed order is part of a group of documents in this file that has been published for comment, including a proposed administrative order regarding e-filing rules and the proposed e-filing standards.
Issued: May 1, 2013
Comment period expiration: September 1, 2013

2013-18 - Proposed Administrative Order No. 2013-__
 This proposed administrative order would require the State Court Administrator to promulgate e-filing standards, and would require courts that offer e-filing to comply with those standards. Please note that this proposed order is part of a group of documents in this file that has been published for comment, including proposed e-filing rules and proposed e-filing standards.
Issued: May 1, 2013
Comment period expiration: September 1, 2013

2013-18 - Draft Standards for E-filing
These proposed standards provide additional guidance for courts planning for implementation of e-filing in their jurisdiction. The proposed standards are published to provide a context for the proposed e-filing rules and proposed administrative order that have also been published for comment in this file.
Issued: May 1, 2013
Comment period expiration: September 1, 2013

2013-18 - Proposed Amendments of Rules 3.210, 3.215, and 6.104 of the Michigan Court Rules and Proposed New Rule 8.124 of the Michigan Court Rules
The new court rule would allow courts to use videoconferencing in court proceedings upon request of a participant or sua sponte by the court, subject to specified criteria and standards published by the State Court Administrative Office (SCAO). Amendments of MCR 3.210, MCR 3.215, and MCR 6.104 would be necessary to include references to the new court rule. If the new rule is ultimately adopted, MCR 3.904, MCR 5.738a, and MCR 6.006, and Administrative Order No. 2007-01 would be rescinded. To provide context for consideration of the proposed rule, the proposed standards for the use of videoconferencing are attached below. In addition, the proposal includes a draft administrative order that would require SCAO to adopt videoconferencing standards, and require courts to comply with those standards.
Issued: May 1, 2013
Comment period expiration: September 1, 2013

2013-18 – Proposed Administrative Order No. 2013-
This proposed administrative order would require the State Court Administrator to establish videoconferencing standards and would require that the appellate and trial courts conform to those standards. Please note that this proposed administrative order is part of a group of documents in this file that has been published for comment, including proposed videoconferencing rules that would amend MCR 3.210, 3.215, and 6.104, and would adopt MCR 8.124, a new rule, and draft videoconferencing standards, which are attached at the end of that order.
Issued: May 1, 2013
Comment period expiration: September 1, 2013

At the Bar
Cranbrook Sixth Graders Win SBM’s Second Annual Law Day Contest

Sections and Committees
The Animal Law Section submitted public policy positions on the following items:
Oppose: HB 4552 Natural resources; hunting; natural resources commission ability to designate species as game; provide for. Amends secs. 40103, 40110, 40113a & 43536a of 1994 PA 451 (MCL 324.40103 et seq.) & adds sec. 48703a.

Oppose: SB 0288 Natural resources; hunting; natural resources commission ability to designate species as game; provide for. Amends secs. 40103, 40110, 40113a & 43536a of 1994 PA 451 (MCL 324.40103 et seq.) & adds sec. 48703a.

The Civil Procedure & Courts Committee submitted public policy positions on the following items:
Oppose: 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.

Support, with the amendment that notices are published under the requirements of Sections 4T(1)(A) and 4T(1)(B): 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.

Support: 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).

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

Oppose: 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.

The Criminal Issues Initiative submitted public policy positions on the following items:
Support with Amendments: HB 4451 Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for. Creates new act.

Support with Amendments: SB 0098 Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for. Creates new act.

Oppose: 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.).

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).

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).

The Criminal Jurisprudence & Practice Committee submitted public policy positions on the following items:
Support: 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.).

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).

Oppose: 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.).

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).

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).

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).

The Domestic Violence Committee submitted a public policy position on the following item:
Oppose: 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).

The Justice Policy Initiative submitted a public policy position on the following items:
Support with Amendments: HB 4451 Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for. Creates new act.

Support with Amendments: SB 0098 Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for. Creates new act.

The Negligence Law Section submitted a public policy position on the following item:
Oppose: HB 4612 Insurance; no-fault; coverage and benefits; make miscellaneous changes and create an insurance fraud prevention authority. Amends title & secs. 102, 3101, 3104, 3107, 3114, 3135, 3148, 3157, 3163, 3172, 3301, 3330, 4501 & 6107 of 1956 PA 218 (MCL 500.102 et seq.) & adds secs. 3104a, 3107c & 3181 & ch. 63.

The Prisons & Corrections Section submitted a public policy position on the following items:
Support: HB 4186 Criminal procedure, expunction; Records, other. 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.).

Oppose: HB 4264 Criminal procedure; sentencing; consecutive sentencing for financial exploitation of vulnerable adult; allow. Amends sec. 174a of 1931 PA 328 (MCL 750.174a).

The Unauthorized Practice of Law Committee submitted a public policy position on the following item:
Support: 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.).

Links of Interest
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