Public Policy Update from the State Bar of Michigan
June 17-23, 2013
Volume 11 Issue 25

FOCUS: Michigan No Longer in a Race to the Bottom
Five years ago, on June 17, 2008, the National Legal Aid & Defender Association released its dismal report on Michigan’s public defense system: A Race to the Bottom: Speed & Savings Over Due Process: A Constitutional Crisis. The report proclaimed that the state was failing to fulfill its constitutional obligations.

On June 19, 2013, a bill to create a permanent Michigan Indigent Defense Commission, cleared its final legislative hurdle, and is being sent to the governor for his signature.
State Bar of Michigan Herald Legislative Passage of Indigent Criminal Defense Reform
Public Defense Overhaul Clears State Legislature Goes To Snyder’s Desk
(WKAR, 6/19/13)
Michigan Passes Public Defense Reform Legislation
(Pleading the Sixth, 6/19/13)
Indigent Defense: Michigan Lawmakers OK Plan to Add State Oversight, Fund Local Improvements
(Mlive.com, 6/19/13)
Michigan Lawmakers Pass Measure to Help Indigent Criminal Defendants
(Detroit News, 6/19/13)
Michigan Lawmakers Push to Fix Indigent Defense
(Lansing State Journal, 6/19/13)

In the Capitol
The House of Representatives and Senate are on break this week. The next session day is tentatively set for Wednesday, July 3 at 10 AM for both chambers.
House Calendar
Senate Calendar

Complete Committee Meeting List

New Public Acts

Legislation Introduced 6/18 – 6/20
View all bills introduced 6/18-6/20
Of Interest to the Legal Community
HB 4867 Criminal procedure; sentencing guidelines; offense variable 10 related to the exploitation of a vulnerable victim; expand definition of predatory conduct to include preoffense conduct directed at a law enforcement officer posing as a potential victim. Amends sec. 40, ch. XVII of 1927 PA 175 (MCL 777.40).

HB 4883 Elections; ballots; order of candidates and proposals on the ballot; revise. Amends secs. 697 & 699 of 1954 PA 116 (MCL 168.697 & 168.699); adds sec. 696a & repeals sec. 706 of 1954 PA 116 (MCL 168.706).

SB 0447 Courts; judges; state reimbursement to court funding units for judgeship vacancies; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 151f.

Of General Interest
HB 4848 Civil rights; public records; bid to enter into a contract or agreement with a public body; exempt from freedom of information act until award notification. Amends sec. 13 of 1976 PA 442 (MCL 15.243).

HB 4856 Local government; other; local government charging for emergency and rescue services to rescue an individual during a state of emergency for grossly negligent conduct by that individual; provide for. Amends 1951 PA 33 (MCL 41.801 - 41.813) by adding sec. 6b.

HB 4857 Local government; other; local government charging for emergency and rescue services to rescue an individual during a state of emergency for grossly negligent conduct by that individual; provide for and clarify which emergency and rescue services may be charged. Amends 1951 PA 33 (MCL 41.801 - 41.813). by adding sec. 6c.

HB 4872 Weapons; firearms; procedures for selling or storing a firearm when ordered by the court not to possess a firearm; clarify. Amends 1927 PA 372 (MCL 28.421 - 28.435) by adding sec. 4a.

HB 4873 Public employees and officers; other; residency requirement for new municipal employees; provide for. Amends sec. 2 of 1999 PA 212 (MCL 15.602).

HB 4878 Elections; polling places; super voter precincts; require secretary of state to establish pilot project, permit certain election precinct consolidations, permit certain county clerks to conduct election administration duties for local governments, and require the secretary of state to establish a pilot project allowing the bureau of elections to handle the qualified voter file list maintenance. Amends sec. 509o of 1954 PA 116 (MCL 169.509o) by adding sec. 645a, 659a & 661a.

HB 4881 Family law; marriage and divorce; name change upon solemnization of marriage; make gender-neutral. Creates new act.

HB 4889 Criminal procedure; sentencing guidelines; penalties for certain controlled substance offenses involving travel from another state with the intent to deliver; increase. Amends sec. 45, ch. XVII of 1927 PA 175 (MCL 777.45).

HB 4890 Cemeteries and funerals; burial or cremation; termination of interment rights; provide for under certain circumstances. Amends 1968 PA 251 (MCL 456.521 - 456.543) by adding sec. 17.

SB 0440 Campaign finance; statements and reports; threshold for candidate committee to file electronically; reduce. Amends sec. 18 of 1976 PA 388 (MCL 169.218).

SB 0441 Campaign finance; statements and reports; electronic filing and internet disclosure system; allow counties to adopt. Amends 1976 PA 388 (MCL 169.201 - 169.282) by adding sec. 18a.

In the Hall of Justice
Vroom! Cross-country "All Rise America" motorcycle relay for drug courts is subject of new Court Stories video

Administrative Orders
2002-37 – Amendment of Administrative Order No. 2007-3 (extension of e-filing in the 6th Circuit Court)
Issued: June 19, 2013
Effective through June 30, 2015

2004-04 – Adoption of Concurrent Jurisdiction Plan for the 38th Circuit Court, the 1st District Court, and the Monroe County Probate Court (Administrative Order No. 2013-7)
Issued: June 19, 2013
Effective: Immediately

Proposed Amendments
2013-10 – Proposed Amendments of Rules 2.107 and 2.117 of the Michigan Court Rules
The proposed amendment of MCR 2.107 would provide clarification by adding the term “order” so that after either a final judgment or order has entered, papers should be served on the party after the time for appeal has passed. The proposed amendment of MCR 2.117 would clarify that when an attorney appears in an action by filing or defending a postjudgment motion, the duration of the attorney’s appearance would be the same as that of an attorney filing or defending the original pleadings.
Issued: June 19, 2013
Comment period expiration: October 1, 2013

Other Actions
2011-30 – Proposed Adoption of Amendments of Rules 5.801, 7.102, 7.103, 7.108, and 7.109 of the Michigan Court Rules
Issued: June 19, 2013
Action: Declined to adopt and file closed.

At the Bar
Annual Meeting & Solo & Small Firm Institute

State Bar of Michigan Heralds Legislative Passage of Indigent Criminal Defense Reform

Judicial Vacancy—Kalamazoo County Probate Court
Hon. Donald R. Halstead is vacating his seat at Kalamazoo County Probate Court. State Bar members interested in applying for the judgeship should submit an application by July 18, 2013.
View Information

Sections and Committees
The Civil Procedure & Courts Committee submitted public policy positions on the following items:
Oppose: HB 4083 Law enforcement; other; Michigan crime stoppers act; create, and provide for criminal assessments to fund crime stopper activities. Creates new act.

Support: 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).

Oppose: HB 4704 Counties; financing; challenging an approved budget; clarify. Amends secs. 16 & 18 of 1968 PA 2 (MCL 141.436 & 141.438).

The Criminal Issues Initiative submitted a public policy position on the following item:
Oppose: HB 4083 Law enforcement; other; Michigan crime stoppers act; create, and provide for criminal assessments to fund crime stopper activities. Creates new act.

The Criminal Jurisprudence & Practice Committee submitted public policy positions on the following items:
Oppose: HB 4083 Law enforcement; other; Michigan crime stoppers act; create, and provide for criminal assessments to fund crime stopper activities. Creates new act.

Support: 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).

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).

The Domestic Violence Committee submitted public policy positions 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: SB 0325 Children; abduction; uniform child abduction prevention act; create. Creates new act.

State News
One Year Later: Michigan Juvenile Lifers, Victim Families Seek Answers From Supreme Court Ruling
(Mlive.com, 6/23/13)
See also:
Michigan Juvenile Lifers Could Be Resentenced to Less Than Life Under New Legislation
(Mlive.com, 6/7/13)

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