Public Policy Update from the State Bar of Michigan
May 17-23, 2010
Volume 8 Issue 21

Please note: Next week's Public Policy Update will be published on Tuesday, June 1 due to the holiday. Any interim questions can be directed to pcunningham@mail.michbar.org.

FOCUS: Revenue Estimating Conference: On May 24, the Department of Treasury, Senate Fiscal Agency, and House Fiscal Agency presented revenue estimates for the remainder of the current fiscal year and FY 2011.
See revenue estimates:
Department of Treasury
House Fiscal Agency
Senate Fiscal Agency
See also:
State Revenue Fund Deficit: $224M
(Detroit News, 5/22/10)

In the Capitol
Committee Meetings of Interest for the Week of 5/24
5/25 Senate Judiciary
Agenda: SB 1310 Establish procedures for providing service to location where unauthorized use has occurred; SB 1311 Prohibit theft of certain utility products or services, and provide a penalty; SB 1312 Enact sentencing guidelines for crime of illegally transferring product or service of utility provider to another person; SB 1313 Prohibit assault of a utility worker, and provide penalties; SB 1314 Enact sentencing guidelines for crime of assaulting a utility worker.

5/26 House Families & Children's Services
Agenda Item of Interest: HB 4312 Provide for adoption leave.
Family Law Section Position: Support

5/26 House Judiciary
Agenda: HJR EEE Revise to combination of 14 years' total legislative service and require certain budget bills to be presented and signed by a certain date; HB 6197 Create presumption of decedent's intent regarding certain federal estate tax credits and deductions during 2010; HB 6168 Allow inclusion of city in jurisdiction of neighboring municipal court under certain circumstances; HB 6169 Revise residential qualification for candidates for municipal judge for multicity jurisdictions; HB 6170 Allow ability of electors of certain cities to vote in and register for certain municipal judge elections; and any business properly before this committee.

5/26 Senate Appropriations
Agenda Items of Interest: HB 5661 Increase assessments against certain criminal defendants and juvenile offenders; SB 1003 Modify allocation of excess revenue in crime victim's rights fund; HB 5667 Increase amount of Crime victims awards.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 5/18–5/20
Of Interest to the Legal Community

HB 6168 Courts; municipal court; inclusion of city in jurisdiction of neighboring municipal court; allow under certain circumstances. Amends sec. 9928 of 1961 PA 236 (MCL 600.9928).

HB 6169 Courts; municipal court; residential qualification for candidates for municipal judge; revise for multicity jurisdictions. Amends 1956 PA 5 (MCL 730.501730.534) by adding sec. 8a.

HB 6170 Elections; judicial; ability of electors of certain cities to vote in and register for certain municipal judge elections; allow. Amends secs. 10, 11 & 492 of 1954 PA 116 (MCL 168.10 et seq.).

In the Hall of Justice
The Michigan Supreme Court will hold a Public Administrative Conference on Thursday, June 3, 2010.

Rule Amendments
2008-25—Amendment of Rule 6.433 of the Michigan Court Rules
This amendment inserts a "good cause" provision into MCR 6.433(C) to require a defendant in postconviction proceedings to show good cause to obtain a second set of court documents. This amendment mirrors the good-cause provision in MCR 6.433(B)(2) for appeals by leave.
Issued: May 18, 2010
Effective: September 1, 2010

2009-18—Amendment of Rules 7.211, 7.313, and 8.119 of the Michigan Court Rules
These amendments of MCR 7.211, 7.313, and 8.119 clarify that materials filed with a trial court, with the Court of Appeals, or with the Supreme Court that relate to a motion to seal a record are nonpublic until the court disposes of the motion.
Issued: May 18, 2010
Effective: September 1, 2010

2009-26—Amendments of Rules 5.105, 5.125, 5.201, 5.501, 5.801, and 5.802 of the Michigan Court Rules and Adoption of New Rule 5.208 of the Michigan Court Rules (to Replace Rules 5.306 and 5.503)
Issued: February 2, 2010
Effective: April 1, 2010
2009-26—Retention of the Amendments of Rules 5.105, 5.125, 5.201, 5.501, 5.801, and 5.802 of the Michigan Court Rules and Retention of New Rule 5.208 of the Michigan Court Rules
Issued: May 18, 2010
Effective: May 18, 2010

Proposed Amendments
2009-30—Proposed Amendment of Rule 1.108 of the Michigan Court Rules
The proposed amendment of MCR 1.108 would allow a computed period of time to be extended to the next day the court is open when the last day in the period is a day that the court was closed by court order.
Issued: May 18, 2010
Comment period expires: September 1, 2010
Public hearing: To be scheduled

2010-09—Proposed Amendments of Rules 3.973, 3.97, and 3.976 of the Michigan Court Rules
This proposal was recommended by a committee of the Michigan Probate Judges Association in consultation with the Foster Care Review Board. It would require a court to maintain a local foster care review board report in the court's confidential social file, and ensure that all parties have had the opportunity to review the report before the court enters a dispositional order, dispositional review order, or permanency planning order. Courts also could include recommendations from the report in their orders under the proposed language.
Issued: May 18, 2010
Comment period expires: September 1, 2010
Public hearing: To be scheduled

Appointments
2010-01—Appointment of Chief Judge Eaton County Probate Court
Issued: May 18, 2010

At the Bar
Golden Celebration 2010: View Photos, See a Video Clip from Honoree, Sen. Levin

Plan to Attend the Upcoming Diversity Project Event

Federal News
Justices Limit Life Sentences for Juveniles
(New York Times, 5/17/10)

State News
Michigan Teachers Face June Retirement Deadline
(Detroit News, 5/20/10)

More Rape Kits Must Be Analyzed, Conyers Says
(Detroit Free Press, 5/20/10)

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