Public Policy Update from the State Bar of Michigan
July 6–12, 2009
Volume 7 Issue 28

In the Capitol
Committee Meetings of Interest for the Week of 7/13
7/14 House Intergovernmental and Regional Affairs
Agenda Item of Interest: HB 4503 Allow affidavits to correct errors or omissions relating to previously recorded documents.

7/15 House Judiciary
Agenda: HB 4325 Provide for forfeiture of assets in crimes involving identity theft; HB 4326 Expand definitions of racketeering to include identity theft and computer crimes; HB 4729 Establish identity theft commission; HB 4730 Amend crime victim's rights act to allow for the filing of police reports of identity theft; HB 4731 Prohibit use of another's identifying information to commit a crime or mislead authorities; HB 4732 Require identity theft prevention programs by employers; HB 4733 Provide for civil fine in identity theft; HB 4734 Regulate disposal of personal identifying information contained in databases; HB 4735 Expand remedies for identity theft protection act; HB 4736 Provide for right of victim of identity theft to file police report of that theft and require court to order certain restitution; HB 4737 Amend William Van Regenmorter crime victim's rights act to require restitution of certain cost incurred by victims of identity theft; HB 4738 Amend probate code of 1939 to require restitution of certain cost incurred by victims of identity theft; HB 4799 Establish restrictions on expenditure of proceeds of lawsuit settlements; And any other business properly before this committee.
SBM Position on HB 4736, HB 4737, and HB 4738: Offer Amendments. In each bill, a provision is included that the "court shall order restitution to compensate the victim in full for the work done by the victim or the victim's attorney, or both, to rectify the victim's financial records…" The State Bar requests to change "shall" to "may" to allow for judicial discretion, and provide a reasonableness standard to the amount of the restitution.
Administrative Law Section Position on HB 4799: Oppose

Complete Committee Meeting List

New Public Acts

In the Hall of Justice
The Michigan Supreme Court is holding a Public Administrative Conference on Wednesday, July 15 at the Michigan Hall of Justice. View Agenda

Middle School Students to Explore Legal Careers in Program Offered by Michigan Supreme Court Learning Center

Proposed Amendments
2008-09—Proposed Amendment of Rules 3.210 and 3.211 of the Michigan Court Rules
This proposal, submitted by the Michigan Judges Association, is intended to clarify and simplify the procedures courts use to grant judgments in domestic relations cases.
Issued: July 8, 2009
Comment period expires: November 1, 2009
Public hearing: To be scheduled

2009-11—Proposed Amendment of Rule 6.302 of the Michigan Court Rules
The proposed amendment of MCR 6.302 would require all discussions regarding a defendant's plea agreement to occur in open and on the record to reduce the possibility that a defendant would be coerced into agreeing to a particular sentence.
Issued: June 30, 2009
Comment period expires: October 1, 2009
Public hearing: To be scheduled

At the Bar
Pro Bono Initiative Steps in a New Direction

The State Bar of Michigan's Public Policy, Image, and Identity Committee and the Board of Commissioners will meet on July 24, 2009.

Sections and Committees
The Probate & Estate Planning Section offered an updated Public Policy report on the following item:
Support: Federal House Resolution 436: Certain Estate Tax Relief Act of 2009: To amend the Internal Revenue Code of 1986 to repeal the new carryover basis rules in order to prevent tax increases and the imposition of compliance burdens on many more estates than would benefit from repeal, to retain the estate tax with a $3,500,000 exemption, and for other purposes.

Federal News
Sotomayor Confirmation Hearings Begin With Senators' Statements
(Washington Post, 7/13/09)

Budget Cuts Eroding Progress in Juvenile Justice
(New York Times, 7/10/09)

State News
Prosecutor's Office Seeks Costs From Defendants
(Oakland Press, 7/13/09)

It's Crunch Time in Michigan Budget Fight, But Deep Divides Could Hinder Progress
(Detroit Free Press, 7/12/09)

Survey: Tax, Cut to Close Deficit
(Detroit News 7/10/09)

Budget Issues Put Oakland County Drug Courts at Risk
(Detroit News, 7/6/09)

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