Public Policy Update from the State Bar of Michigan
May 6-12, 2013
Volume 11 Issue 19

In the Capitol
Committee meetings of interest for the week of 5/13
5/14 House Elections and Ethics
Agenda Items of Interest:
HB 4477 Authorize an elector taking a photograph of himself or herself in a polling place;
HB 4478 Allow signature stamp, and define physical disability;
HB 4479 Allow payment of late filing fee for annual statement to be paid from committee funds.

5/14 Senate Judiciary
Agenda:
HB 4064 Allow digital court records and electronically filing court papers;
HB 4532 Permit digital court records and electronically filing court papers as established by the supreme court;
SB 321 Exempt process servers from trespassing law under certain circumstances;
And any other business properly before the committee.
SBM Position on HB 4064: Support
SBM Position on HB 4532: Support

5/15 House Criminal Justice
Agenda:
HB 4095 Convert certain misdemeanor violations to civil infractions (Testimony Only);
HB 4300 Prohibit ownership, possession, breeding, sale, and importing of nonhuman primates as pets under certain circumstances and provide penalty (Testimony Only);
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;
HB 4186 Expand record expunction for certain offenders, and provide for under certain circumstances.
SBM Position on HB 4529: Support
SBM Position on HB 4530: Support
SBM Position on HB 4186: Support
Criminal Jurisprudence & Practice Committee Position on HB 4186: Support
Prisons & Corrections Section Position on HB 4186: Support

5/15 House Families, Children, and Seniors
Agenda Items of Interest:
HB 4646 Provide temporary placement, consent, and release for general revisions;
HB 4647 Modify supervisory period for infants less than 1 year of age placed for adoption;
HB 4648 Clarify termination of rights of putative father.
Children’s Law Section Position on HB 4646: Support and Amend
Children’s Law Section Position on HB 4647: Support
Children’s Law Section Position on HB 4648: Oppose
Family Law Section Position on HB 4646: Support and Amend
Family Law Section Position on HB 4647: Support
Family Law Section Position on HB 4648: Support and Amend

5/16 House Judiciary
Agenda:
SB 236 Eliminate sunset for annual increases for fee for publication of legal notice for inflation;
SB 135 Revise age of consent for sexual contact between school employee and student;
HB 4704 Clarify challenging an approved budget;
HB 4486 Allow involuntary substance abuse assessment, stabilization, and treatment for adults;
HB 4545 Prohibit practice of soliciting business at scene of vehicle accident, emergency, or disablement, and designate as a civil infraction.
SBM Position on HB 4704: Opposed identical bill last session.

Complete Committee Meeting List

New Public Acts

In the Hall of Justice
The Michigan Supreme Court will hold a public administrative hearing on Wednesday, May 29, 2013, in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street, Lansing, Michigan 48915. The hearing will begin promptly at 9:30 a.m. Persons who wish to address the Court regarding matters on the agenda should notify the Office of the Clerk of the Court in writing at P.O. Box 30052, Lansing, Michigan 48909, or by e-mail at MSC_clerk@courts.mi.gov, no later than Monday, May 27, 2013.

2011-19 - Proposed Amendments of Rule 6.302 and Rule 6.310 of the Michigan Court Rules 
The proposed amendments of MCR 6.302 and MCR 6.310 would eliminate the ability of a defendant to withdraw a plea if the defendant and prosecutor agree that the prosecutor will recommend a particular sentence, but the court chooses to impose a sentence greater than that recommended by the prosecutor. Further, the proposal would clarify that a defendant’s misconduct that occurs between the time the plea is accepted and the defendant’s sentencing may result in a forfeiture of the defendant’s right to with draw a plea in either a Cobbs or Killebrew case.
SBM Position: Oppose amendments to 6.302; Support amendments to 6.310.
Criminal Law Section Position: Oppose

2011-25 - Amendment of Rule 3.101 of the Michigan Court Rules
The amendments of MCR 3.101 are adopted to reflect recent statutory changes enacted in MCL 600.4012(1) in which the effective period for a periodic garnishment of wages, salary, and other earnings was extended from 91days to 182 days. The amendments of MCR 3.101(B) and (E) change the effective period for all periodic garnishments to 182 days. (The amendments do not limit the 182-day effective period to periodic garnishments that only involve wages, salary, and other earnings.)
SBM Position: Support

2012-18 - Proposed Amendment of Rule 2.512 of the Michigan Court Rules (would require trial courts to use Model Criminal Jury Instructions)
The Court has determined that the function of adopting, amending, and repealing model criminal jury instructions should be structured similar to that for model civil jury instructions. As part of that structural change, the Court is considering an amendment that would require trial courts to use model jury instructions in criminal cases under the same circumstances in which they are used in civil cases, i.e., if the instructions are applicable, accurately state the applicable law, and are requested by a party.
SBM Position: Support

 

 

2012-19 - Proposed Amendments of Rules 3.913, 3.963, 3.965, and 3.974 of the Michigan Court Rules (would implement statutory changes regarding child protective proceedings)
The proposed changes of MCR 3.913, 3.963, 3.965, and 3.974 are intended to incorporate the statutory changes enacted in 2012 Public Act 163.
SBM Position: Support

2012-27 - Proposed Amendments of Rule 8.110 of the Michigan Court Rules
The proposed amendment of MCR 8.110 is intended to update the rule to reflect today’s emphasis on collaboration and local sharing of resources, and the revisions would also clarify who is required to fulfill the statutory “chief” probate judge obligations.
SBM Position: Support in Principle

2012-28 – Proposed Amendment of Rule 7.203 of the Michigan Court Rules (would codify the prohibition in 2012-PA 333 that an order that assigns a case to the business court may not be appealed by right or by leave to the Court of Appeals)
Under 2012 PA 333, an order by a court in which a case is assigned to a business court is not subject to appeal by right or leave in the Court of Appeals. The proposed amendment in this file would codify that prohibition in MCR 7.203(D).
SBM Position: Support

2012-35 - Proposed Amendment of Rule 8.111 of the Michigan Court Rules
The proposed amendment of MCR 8.111 would clarify that reassignment under a concurrent jurisdiction plan or family court plan is effective on the date of the reassignment, and the successor judge would handle not only the new cases that are filed in that court, but would also preside over any matters then pending or postjudgment matters that arise. A court would be required to submit a local administrative order to the State Court Administrative Office describing the revised caseload distribution when a reassignment occurs.
SBM Position: Support in Principle

2012-36 - Proposed Administrative Order No. 2013-X
The proposed administrative order would establish procedures for courts that are required to or choose to implement a business court.
SBM Position: Support in Principle

2012-36 - Proposed Amendment of Rule 2.112 of the Michigan Court Rules
The proposed rule amendments of MCR 2.112 would provide a means to identify business court cases and the placement of those matters on the business court docket.
SBM Position: Support in Principle

At the Bar
Sections and Committees
The Children’s Law Section submitted public policy position reports on the following items:
Oppose: 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).

Oppose: 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).    

Support and Amend: HB 4646 Children; adoption; temporary placement, consent, and release; provide for general revisions. Amends secs. 23d, 29 & 44, ch. X of 1939 PA 288 (MCL 710.23d et seq.).

Support: HB 4647 Children; adoption; supervisory period for infants less than 1 year of age placed for adoption; modify. Amends sec. 56, ch. X of 1939 PA 288 (MCL 710.56).

Oppose: HB 4648 Children; adoption; termination of rights of putative father; clarify. Amends sec. 39, ch. X of 1939 PA 288 (MCL 710.39).

The Family Law Section submitted public policy position reports on the following items:
Oppose and Amend: 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).

Oppose and Amend: 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).      

Support and Amend: HB 4646 Children; adoption; temporary placement, consent, and release; provide for general revisions. Amends secs. 23d, 29 & 44, ch. X of 1939 PA 288 (MCL 710.23d et seq.).

Support: HB 4647 Children; adoption; supervisory period for infants less than 1 year of age placed for adoption; modify. Amends sec. 56, ch. X of 1939 PA 288 (MCL 710.56).

Support and Amend: HB 4648 Children; adoption; termination of rights of putative father; clarify. Amends sec. 39, ch. X of 1939 PA 288 (MCL 710.39).

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

State News
Playing Defense: Muskegon County’s Much-Maligned Indigent Defense System Headed for Scrap Heap
(Mlive.com, 5/10/13)

 

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