Public Policy Update from the State Bar of Michigan
July 22-28, 2013
Volume 11 Issue 30

In the Capitol
Committee meetings of interest for the week of 7/29
7/30 Senate Judiciary
Agenda: **PLEASE NOTE TIME**
SB 309 Require affidavit of merit for malpractice action against architect or professional engineer;
SB 409 Include unlawful imprisonment as predicate offense for first degree murder;
SB 377 Create animal abuse offenders registry;
SB 378 Require use of animal abuse registry by animal control shelters and animal protection shelters when allowing an animal adoption, and prohibit animal control shelters and animal protection shelters from allowing a person listed on an animal abuse registry to adopt an animal;
SB 386 Require court to prohibit ownership of animals by a person convicted by certain crimes against animals for a period of at least 5 years;
And any other business properly before the committee.
Animal Law Section Position on SB 386: Support.

Complete Committee Meeting List

New Public Acts

In the Hall of Justice
High school students to hold court at Michigan Supreme Court August 2

Online video examines role of oral arguments in the Michigan Supreme Court

At the Bar
Annual Meeting & Solo & Small Firm Institute

Michigan State Bar Foundation Access to Justice Award Winner Announced

Judicial Vacancy—37th District Court, Macomb County
Hon. Jennifer Faunce is vacating her seat at 37th District Court, Macomb County. State Bar members interested in applying for the judgeship should submit an application by August 15, 2013.
View Information

Michigan Indigent Defense Commission Vacancy
The State Bar of Michigan Board of Commissioners is seeking names of persons interested in appointment to the Michigan Indigent Defense Commission (MIDC). Those interested should submit materials by August 9, 2013.
View Information

The Board of Commissioners met on July 26, 2013 at which time the State Bar of Michigan adopted the following public policy positions:

2012-06 - Proposed Amendment of Rule 9.221 of the Michigan Court Rules
The proposed amendment of MCR 9.221 would add a new subrule (I) that would require the Judicial Tenure Commission to notify a court’s chief judge if a referee or magistrate is subject to a corrective action that does not rise to the level of a formal complaint, including a letter of caution, a conditional dismissal, an admonishment, or a recommendation for private censure. The new requirement would not apply to a dismissal with explanation.
SBM Position: Oppose.

2012-30 - Proposed Amendments of Rule 2.621 and Rule 2.622 of the Michigan Court Rules
The proposed amendments of MCR 2.621 and MCR 2.622 were submitted to the Michigan Supreme Court on behalf of the “Receivership Committee” (a committee created because of a need identified by the Debtor/Creditor Rights Committee of the Business Law Section of the State Bar of Michigan) to expand and update the rules regarding receivership proceedings.
SBM Position: Support with amendment.

2013-12 - Proposed Amendment of Rule 7.313 of the Michigan Court Rules
The proposed amendments would clarify that the decision whether to grant rehearing or reconsideration in the Michigan Supreme Court should be made consistent with the standard incorporated in MCR 2.119(F)(3), similar to the reference for consideration of such motions in the Court of Appeals contained in MCR 7.215(I)(l).
SBM Position: Support.

2013-18 - Proposed New Rules 2E.001 et seq. of the Michigan Court Rules
This series of proposed new “2E” rules contains court rules regarding e-filing in Michigan courts. Please note that this proposed order is part of a group of documents in this file that has been published for comment, including a proposed administrative order regarding e-filing rules and the proposed e-filing standards.
SBM Position: Support with comments from committees and sections.

2013-18 - Proposed Administrative Order No. 2013-
This proposed administrative order would require the State Court Administrator to promulgate e-filing standards, and would require courts that offer e-filing to comply with those standards. Please note that this proposed order is part of a group of documents in this file that has been published for comment, including proposed e-filing rules and proposed e-filing standards.
SBM Position: Support with comments from committees and sections.

2013-18 - Draft Standards for E-filing
These proposed standards provide additional guidance for courts planning for implementation of e-filing in their jurisdiction. The proposed standards are published to provide a context for the proposed e-filing rules and proposed administrative order that have also been published for comment in this file.
SBM Position: Support with comments from committees and sections.

2013-18 - Proposed Amendments of Rules 3.210, 3.215, and 6.104 of the Michigan Court Rules and Proposed New Rule 8.124 of the Michigan Court Rules
The new court rule would allow courts to use videoconferencing in court proceedings upon request of a participant or sua sponte by the court, subject to specified criteria and standards published by the State Court Administrative Office (SCAO). Amendments of MCR 3.210, MCR 3.215, and MCR 6.104 would be necessary to include references to the new court rule. If the new rule is ultimately adopted, MCR 3.904, MCR 5.738a, and MCR 6.006, and Administrative Order No. 2007-01 would be rescinded. To provide context for consideration of the proposed rule, the proposed standards for the use of videoconferencing are attached below. In addition, the proposal includes a draft administrative order that would require SCAO to adopt videoconferencing standards, and require courts to comply with those standards.
SBM Position: Support with an amendment to 8.124(B)(3) regarding criminal proceedings.

2013-18 – Proposed Administrative Order No. 2013-
This proposed administrative order would require the State Court Administrator to establish videoconferencing standards and would require that the appellate and trial courts conform to those standards. Please note that this proposed administrative order is part of a group of documents in this file that has been published for comment, including proposed videoconferencing rules that would amend MCR 3.210, 3.215, and 6.104, and would adopt MCR 8.124, a new rule, and draft videoconferencing standards, which are attached at the end of that order.
SBM Position: Support.

HB 4694 (Cotter) Courts; circuit court; mental health court; create.
SBM Position: Support the bills, but express the concern as to the success of the program without providing funding.

HB 4695 (Haines) Courts; circuit court; mental health court; create.
SBM Position: Support the bills, but express the concern as to the success of the program without providing funding.

HB 4696 (Walsh) Courts; circuit court; mental health court; create.
SBM Position: Support the bills, but express the concern as to the success of the program without providing funding.

HB 4697 (O'Brien) Courts; circuit court; mental health court; create.
SBM Position: Support the bills, but express the concern as to the success of the program without providing funding.

HB 4763 (Schmidt) Traffic control; traffic regulation; use of automated traffic enforcement safety devices at certain intersections; allow. Amends secs. 727c & 741 of 1949 PA 300 (MCL 257.727c & 257.741) & adds div. heading & adds secs. 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761 & 762.
SBM Position: Oppose.

HB 4830 (Lyons) Civil procedure; evictions; legal representation; allow corporation, partnership, or limited liability company to appear without an attorney. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 5707.
SBM Position: Oppose.

Sections and Committees
The Animal Law Section submitted a public policy position report on the following item:
Support: SB 0386 Crimes; animals; ownership of animals by a person convicted by certain crimes against animals; require court to prohibit for a period of at least 5 years. Amends secs. 49, 50 & 50b of 1931 PA 328 (MCL 750.49 et seq.).

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