Public Policy Update from the State Bar of Michigan
June 1–6, 2010
Volume 8 Issue 23

FOCUS: The Constitutional Right to Counsel
On Tuesday, June 15, 2010, from 2 to 5 p.m., a Constitutional Right to Counsel Summit will be hosted by U.S. Representative John Conyers, chair of the House Judiciary Committee, and U.S. Representative Robert C. Scott, chair of the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security.

Panelists include

  • John Chisholm, district attorney, Milwaukee County, Wisconsin
  • Alan Crotzer, exoneree and probation & community intervention officer, Florida Department of Juvenile Justice
  • Carlos Martinez, public defender, Miami-Dade County, Florida
  • Hon. Carolyn Temin, senior judge, Court of Common Pleas, First Judicial District of Pennsylvania
  • Hon. Michael Wolff, judge, Supreme Court of Missouri
  • Melanca Clark, counsel, Brennan Center for Justice at NYU School of Law
  • Nancy Diehl, former prosecutor, Wayne County Michigan; president, State Bar of Michigan (2004-2005)
  • George Kendall, of counsel and director of Public Service Initiative, squire, Sanders & Dempsey LLP, New York
  • Norman Lefstein, professor of law & dean emeritus, Indiana University School of Law, Indianapolis; chair, Indigent Defense Advisory Group, American Bar Association Standing Committee on Legal Aid and Indigent Defense
  • Laurence Tribe, senior counsel for Access to Justice Initiative, U.S. Department of Justice
  • Virginia Sloan, president, the Constitution Project

FOCUS: Diversity Project Colloquia
The State Bar of Michigan is hosting three colloquia events to gather stakeholders from across the state to provide feedback on a proposed statement supporting increased diversity in the legal profession. Attend this free event at one of the three locations listed below. All programs are 1 to 4 p.m.
June 22, 2010–Wayne State University Law School
June 23, 2010–Thomas M. Cooley Law School, Grand Rapids Campus
June 28, 2010–Michigan State University College of Law

In the Capitol
Committee Meetings of Interest for the Week of 6/7
6/8 Senate Judiciary
Agenda: SB 127 Revise responsibility and payment method for driver responsibility fees.

6/9 House Ethics and Elections
Agenda Item of Interest: The following bill for referral to the Committee on Judiciary: HB 6163 Require showing of gross negligence in medical malpractice in recovery for negligence of an emergency room doctor.

6/9 House Judiciary
Agenda: HB 5028 Allow pooled trusts for individuals with disabilities; HB 5175 Clarify juvenile competency and culpability; HB 5482 Clarify restoration of juvenile to competency to proceed; HB 5483 Clarify restoration of juvenile to competency to proceed; HB 5484 Clarify certain statements made during juvenile competency evaluation; HB 5485 Clarify juvenile competency definitions; HB 5486 Require juvenile competency hearing; HB 5487 Clarify juvenile competency and evaluation; HB 5488 Require use of a qualified examiner in juvenile competency evaluation; HB 5489 Clarify juvenile competency evaluation and report; and any business properly before this committee.
Criminal Jurisprudence & Practice Committee Position on HB 5175, HB 5482-HB 5489: Support and Amend

6/10 House Senior Health, Security, and Retirement
Agenda Items of Interest: HB 4619 Require appointment of conservator court to consider if person under a guardianship has liquid assets of more than a certain limit; HB 4622 Require written disclosure of rights of account holders for joint accounts in saving bank; HB 4623 Require written disclosure of rights of account holders for joint accounts in credit unions; HB 4624 Require written disclosure of rights of account holders for joint accounts in banks; HB 4625 Require written disclosure of rights of account holders for joint accounts in savings and loan associations.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 6/1–6/2
Of Interest to the Legal Community
HB 6236 Administrative procedure; rules; effective date for administrative rules; modify. Amends sec. 45a of 1969 PA 306 (MCL 24.245a).

SB 1354 Courts; drug court; requirement for prosecutor approval of admission into a drug treatment court; clarify. Amends secs. 1062 & 1068 of 1961 PA 236 (MCL 600.1062 & 600.1068).

Of General Interest
SB 1355 Legislature; other; constitutional convention preparatory commission; create. Creates new act.

SB 1356 Elections; other; electing delegates to a constitutional convention; provide for. Amends 1954 PA 116 (MCL 168.1168.992) by adding secs. 181, 182, 183, 184, 185, 186, 187, 187a, 187b, 188, 189, 189a & 189b.

SB 1357 Campaign finance; public disclosure; financial disclosure guidelines for candidates for constitutional convention delegate; establish. Creates new act.

SB 1358 Campaign finance; statements and reports; reporting requirements for candidates for constitutional convention delegate; establish. Amends sec. 33 of 1976 PA 388 (MCL 169.233).

SB 1359 Campaign finance; contributions and expenditures; independent or political committee contributions to a constitutional convention delegate candidate; prohibit. Amends secs. 12 & 52 of 1976 PA 388 (MCL 169.212 & 169.252).

SB 1360 Campaign finance; campaign practices; compensation of constitutional convention delegates; modify. Amends secs. 1, 2 & 3 of 1958 PA 204 (MCL 2.51 et seq.).

SB 1361 Campaign finance; other; independent expenditures by corporations; require certain reports and disclaimers. Amends 1976 PA 388 (MCL 169.201169.282) by adding sec. 55a.

SB 1362 Campaign finance; contributions and expenditures; independent expenditures by corporations; require disclosure to and approval by shareholders. Amends 1976 PA 388 (MCL 169.201169.282) by adding sec. 55b.

SB 1363 Campaign finance; contributions and expenditures; certain independent expenditures by corporations; prohibit. Amends 1976 PA 388 (MCL 169.201169.282) by adding sec. 55c.

SB 1364 Campaign finance; contributions and expenditures; contributions by certain foreign corporations; prohibit. Amends 1976 PA 388 (MCL 169.201169.282) by adding sec. 55d.

SB 1365 Campaign finance; violations; certain improper independent expenditures by a corporation; provide for penalty. Amends 1976 PA 388 (MCL 169.201169.282) by adding sec. 55e.

SB 1366 Campaign finance; violations; improper independent expenditures by a corporation; hold officers and shareholders liable in certain circumstances. Amends 1976 PA 388 (MCL 169.201169.282) by adding sec. 55f.

SB 1367 Campaign finance; other; independent expenditures; require compliance with campaign finance act. Amends 1976 PA 388 (MCL 169.201169.282) by adding sec. 55g.

SB 1368 Campaign finance; contributions and expenditures; independent expenditure provisions in the campaign finance act; update. Amends sec. 54 of 1976 PA 388 (MCL 169.254).

In the Hall of Justice
Judges Advise Defendants of Immigration Consequences of Criminal Pleas Under Possible Court Rule Change on Michigan Supreme Court's June 3 Public Conference Agenda

Free Listserv Keeps Subscribers Updated on New Court Rules, Other Administrative Actions of Michigan Supreme Court

At the Bar
The State Bar of Michigan's Public Policy, Image, and Identity Committee will meet on Tuesday, June 8, 2010. The Board of Commissioners will meeting on Friday, June 11, 2010. For more information, please contact pcunningham@mail.michbar.org.

New Opinion Approves Unbundling Legal Services

State News
Special Report from the Detroit News: Coverage of the 2010 Mackinac Policy Conference
(Detroit News)

Laws to Allow Grosse Pointe Shores Vote for a City Judge
(Detroit Free Press, 6/6/10)

Furloughs Unlikely in New State Deficit Fix
(Lansing State Journal, 6/4/10)

For Balancing Budget, Voters Want Cuts–Not Tax Hikes
(Detroit Free Press, 6/2/10)

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