Public Policy Update from the State Bar of Michigan
June 8 —14, 2009
Volume 7 Issue 24

FOCUS: Indigent Defense in Michigan
On June 11, a Court of Appeals panel issued an opinion allowing the case of case of Duncan et al v. State of Michigan (Court of Appeals docket No. 278652) to move forward. The plaintiffs claim denied their state and federal constitutional rights to counsel in criminal proceedings are being violated.
Final Opinion
Dissenting Opinion
See Related:
Court Sides with Michigan's Indigent Defendants
(Detroit Free Press, 6/12/09)
Please note, the State Bar of Michigan is not involved in the litigation effort.

In the Capitol
Committee Meetings of Interest for the Week of 6/15
6/16 House Judiciary: Corrections Reform
Agenda: Michigan Prison Reform Initiative (MPRI), Presenters: Jeff Padden. Public Policy Associates; Beth Arnovits, Michigan Council on Crime and Delinquency; Dennis Schranz, Michigan Department of Corrections.

6/16 House Judiciary: Indigent Defense
Agenda: A discussion on draft bills regarding the establishment of a statewide public defender system and mechanisms to provide its funding.

6/16 House Judiciary: Mental Health
Agenda: Organizational Items; HB 4809 Clarify assessment language for people needing treatment.

6/16 Senate Appropriations: Judiciary & Corrections
Agenda: Subcommittee Recommendations of the FY 2009-10 Department of Corrections Budget.

6/17 House Judiciary
Agenda: HB 4571 Modify miscellaneous procedural provisions for medical malpractice actions.

6/19 House Judiciary
Agenda: HB 4098 Eliminate driver responsibility fee; HB 4101 Allow driver responsibility fee to be assessed for only 1 year instead of 2; HB 4314 Require appointment of attorney to represent a juvenile in certain proceedings; HB 4604 Revise responsibility and payment method for driver responsibility fees; HB 4885 Revise jury pool selection process; HB 4886 Allow names and addresses of taxpayers to be disclosed to jury boards for selecting jury pools. Pending Introduction and Referral: HB 5095 Provide for private college security forces; HB 5094 Allow commission on law enforcement standards to collect certain fees. And any other business properly before this committee.
SBM Position on HB 4314: Support the bill with the following two amendments: on page 1, end of Line 8 insert "unless private counsel has been retained" and on page 2, at the end of Line 17 insert "after consultation with an attorney."
SBM Position on HB 4885 and HB 4886: Support in concept the increase of jury pools.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 6/9–6/11
Of Interest to the Legal Community
HB 5069 Civil procedure; evictions; landlord who is a business entity; allow employees and others with personal knowledge to represent. Amends 1961 PA 236 (MCL 600.101600.9947) by adding sec. 5705.

HB 5082 Environmental protection; litter; civil infraction fines; direct portion of to littering informant reward fund. Amends sec. 8831 of 1961 PA 236 (MCL 600.8831).

Of General Interest
HB 5050 Labor; public service employment; changes in provisions concerning teacher strikes; provide for. Amends secs. 2a & 6 of 1947 PA 336 (MCL 423.202a & 423.206).

HB 5051 Education; teachers; teacher engaging in a prohibited strike; allow suspension of teaching certificate. Amends 1976 PA 451 (MCL 380.1380.1852) by adding sec. 1535b.

HB 5052 Public employees and officers; ethics; requirement for appointed financial managers to provide full financial disclosure; provide for. Amends 1990 PA 72 (MCL 141.1201141.1291) by adding secs. 21a & 41a.

HB 5066 Crimes; criminal sexual conduct; age of consent for certain criminal sexual conduct violations; increase to age 18. Amends secs. 520d & 520e of 1931 PA 328 (MCL 750.520d & 750.520e).

HB 5080 Corrections; parole; parole guidelines provisions; revise, and revise certain aspects of parole hearings and appeals. Amends secs. 33e & 34 of 1953 PA 232 (MCL 791.233e & 791.234).

SB 0635 Torts; medical malpractice; liability of employees being paid by their employer to volunteer at health clinics; clarify. Amends sec. 16277 of 1978 PA 368 (MCL 333.16277).

SB 0638 Education; teachers; exemption from teacher tenure act for neighborhood public schools as defined in revised school code; provide for. Amends sec. 1, art. I & sec. 1, art. III of 1937 (Ex Sess) PA 4 (MCL 38.71 & 38.91).

SB 0639 Labor; public service employment; neighborhood public schools; provide for in public employment relations act. Amends secs. 1 & 15 of 1947 PA 336 (MCL 423.201 & 423.215).

In the Hall of Justice
Caperton Ruling by U.S. Supreme Court Highlights Importance of Fair and Impartial Justice, Says Michigan Supreme Court Chief Justice Marilyn Kelly

At the Bar
FOCUS: The Board of Commissioners met on Friday, June 12, 2009 at which time the State Bar of Michigan adopted the following Public Policy positions:
HB 4040 Crime victims; rights; right of victim of identity theft to file police report of that theft; provide for, and require court to order certain restitution. Amends sec. 1a, ch. IX of 1927 PA 175 (MCL 769.1a) & adds sec. 30 to ch. IV.
HB 4041 Crime victims; rights; restitution of certain costs incurred by victims of identity theft; amend William Van Regenmorter crime victim's rights act to require. Amends secs. 4a, 16, 33b, 44, 64a & 76 of 1985 PA 87 (MCL 780.754a et seq.).
HB 4042 Juveniles; criminal procedure; restitution of certain cost incurred by victims of identity theft; amend probate code of 1939 to require. Amends secs. 30 & 31, ch. XIIA of 1939 PA 288 (MCL 712A.30 & 712A.31).
SBM Position: Suggest technical amendments, including the mandatory restitution provision and include a reasonableness standard to the amount of restitution.

HB 4885 Courts; juries; jury pool selection process; revise. Amends secs. 1304, 1312, 1321 & 1344 of 1961 PA 236 (MCL 600.1304 et seq.) & adds secs. 1301c, 1310a & 1310b.
HB 4886 Courts; juries; names and addresses of taxpayers; allow to be disclosed to jury boards for selecting jury pools. Amends sec. 28 of 1941 PA 122 (MCL 205.28).
SBM Position: Support in concept increasing jury pools.

HB 4314 Juveniles; criminal procedure; appointment of attorney to represent a juvenile in certain proceedings; require. Amends sec. 17c, ch. XIIA of 1939 PA 288 (MCL 712A.17c).
SBM Position: Support the bill with the following two amendments: on page 1, end of Line 8 insert "unless private counsel has been retained" and on page 2, at the end of Line 17 insert "after consultation with an attorney."

HB 4405 Criminal procedure; expunction; record expunction for certain offenders; provide for. Amends secs. 1, 3 & 4 of 1965 PA 213 (MCL 780.621 et seq.).
SBM Position: Support this bill with the clarification that offenses would not be expunged from the driving record or any records maintained by the State Driving Licensing Board.

SB 0473 Courts; other; use of 2-way interactive video technology for certain court proceedings; require whenever possible. Amends sec. 37a, ch. VII of 1927 PA 175 (MCL 767.37a).
SBM Position: Oppose.

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