Public Policy Update from the State Bar of Michigan
July 5–11, 2010
Volume 8 Issue 28

In the Capitol
The Michigan Senate and House of Representatives adjourned for two weeks on Thursday, July 1. The next scheduled session day for each chamber is July 21, 2010, at 10 a.m.
Senate Schedule
House Schedule

Complete Committee Meeting List

New Public Acts

At the Bar
The State Bar of Michigan's Board of Commissioners and Public Policy, Image, and Identity Committee will meet on July 23, 2010. For more information, please contact pcunningham@mail.michbar.org.

State News
Granholm Says Services Sales Tax a No Go
(Detroit News, 7/8)

Granholm Approves School Budget Plan
(Detroit News, 7/8)

In the Hall of Justice
Proposed Attorney Ethics Rules Changes, Possible Pilot Project for "Low Conflict" Divorce Cases Discussed at Michigan Supreme Court's July 8 Public Administrative Conference

Rule Amendments
2008-39—Amendment of Rules 6.425 and 6.610 of the Michigan Court Rules
By order dated February 5, 2010, the Court adopted various amendments of MCR 6.425 and MCR 6.610 to require prosecutors and defendants to have access to the presentence investigation report at least two days before sentencing and allow adjournment if the parties do not receive the report in that time, to ensure the confidentiality of the PSI report, and to limit the victim or witness information that may be included in a PSI report. Following entry of the February order and shortly after its May 1, 2010, effective date, the Court considered the matter further, specifically with regard to mandatory confidentiality provisions that not only represented a significant change in current practice, but, also, underscored a fundamental tension between the explicit provisions of MCL 791.229, which describes who may have a copy of the report and for what purposes, and subsequent caselaw, which has expanded access of PSI reports in certain circumstances. In light of this tension, the Court has invited interested associations that oppose the language as adopted by the Court to approach the Legislature to resolve the conflict. However, if legislation on this subject is not enacted and effective by the end of this calendar year, an amendment to allow prosecutors, defense counsel, and defendants to retain a copy of the presentence investigation report will automatically go into effect on January 1, 2011.
Issued: July 1, 2010
Effective: July 1, 2010

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