Public Policy Update from the State Bar of Michigan
September 3–9, 2012
Volume 10 Issue 36

FOCUS: HB 5804 Before House Judiciary
On August15, Representative Tom McMillin (R-Rochester Hills) introduced House Bill 5804, a bill to "implement statewide standards and accountability measures of trial level indigent criminal defense services." A total of 39 Republicans and 37 Democrats signed on as sponsors of this legislation. This Thursday, the bill goes before the House Judiciary Committee, chaired by Speaker Pro Tempore John Walsh.
Text of HB 5804

In the Capitol
Committee Meetings of Interest for the Week of 9/10
9/11 House Families, Children, and Seniors
Agenda Item of Interest: SB 1001 Provide for fee for collecting and processing child support withholdings.
Family Law Section Position: Oppose

9/11 Senate Judiciary
Agenda: SB 388 Revise sentencing guidelines for crime of fleeing and eluding a peace officer to reflect increased penalties; SB 1213 Increase penalties for crime of soliciting sex act from a minor who is at least 16 years of age; SB 1221 Provide sentencing guidelines for crime of soliciting a minor 16 years of age or older to commit prostitution to reflect increased penalty; SB 1214 Modify standard of review for parole board release decisions, and allow for attorney general intervention; SB 1211 Require victim notification of paroled prisoner escape, commutation, death, or parole board hearing; HB 5128 Create business court; SB 1102 Provide for insurable interest amendments to the uniform trust code; SB 1103 Amend insurance code to provide for insurable interest of trustees; SJR U Remove prohibition of election of or appointment to a judicial office of person who has reached 70 years of age; And any other business properly before the committee.
SBM Position on SB 388: Oppose
SBM Position on HB 5128:
Support the concept of creating business courts, and the purposes described in establishing business courts as proposed in Section 1086; and request amendments to HB 5128.
Business Law Section Position on HB 5128: Support Substitute of HB 5128.

9/12 House Appropriations
Agenda Item of Interest: HB 5793 Extend sunset processing fees for fingerprinting and criminal record checks.

9/13 House Appropriations
Agenda Item of Interest: HB 5793 Extend sunset processing fees for fingerprinting and criminal record checks.

9/13 House Judiciary
Agenda: HB 5055 Provide waiver for privilege for testimony in Michigan employment security commission proceedings under certain circumstances; HB 5682 Modify definition of eligible domestic relations order; HB 5804 Implement statewide standards and accountability measures of trial level indigent criminal defense services; Referral of the following bills to the committee on Families, Children & Seniors: SB 246 Revise juvenile competency standards; SB 247 Clarify juvenile competency and culpability; HB 4555 Clarify juvenile competency and culpability; HB 4556 Revise juvenile competency standards; Referral of the following bills to the committee on Banking & Financial Services: SB 978 Allow trust decanting; SB 979 Modify personal property trust perpetuities act to account for decanted trusts; SB 980 Revise powers of appointment.
SBM Position on SB 246, SB 247, HB 4555, and HB 4556: Support SB 0246, SB 0247, HB 4555, and HB 4556 but respectfully requests an amendment be made regarding the qualifications of who performs a competency evaluation.
Criminal Law Section Position on SB 246 and SB 247: Support and Recommend Amendments.
Criminal Jurisprudence & Practice Committee Position SB 246, SB 247, HB 4555, and HB 4556: Adopt the Criminal Law Section Position.
Justice Policy Initiative Position on SB 246, SB 247, HB 4555, and HB 4556: Adopt the Criminal Law Section Position.
Probate & Estate Planning Section Position on SB 978–SB 980: Support in Principle.

Complete Committee Meeting List

New Public Acts

In the Hall of Justice
It's a New School Year! Michigan Supreme Court Learning Center Welcomes Students, Seeks Volunteers

At the Bar
FOCUS: The Executive Committee met on September 4, 2012 at which time the State Bar of Michigan adopted the following Public Policy positions:
2011-14—Proposed Amendment of Rule 2.105 of the Michigan Court Rules ("diligent inquiry" would include an online search if the moving party has reasonable access to the Internet)
The proposed amendment of MCR 2.105 would state that a "diligent inquiry" in support of a request for substituted service must include an online search if the moving party has reasonable access to the Internet.
SBM Position: Oppose.

2011-18—Amendment of Rule 6.302 of the Michigan Court Rules (duty to advise defendant of a lifetime monitoring requirement)
This amendment codifies the holding of the recently released opinion in People v Cole, 491 Mich ___ (2012), in which this Court held that a trial court must advise a defendant who is subject to lifetime electronic monitoring requirement of that part of the sentence during the plea proceeding.
SBM Position: Support.

SBM Award Recipients to be Honored at Annual Meeting

SBM Representative Assembly Award Recipients to be Honored at Annual Meeting

SBM International Law Section to Host Annual Meeting on Wednesday, Sept. 12 in Detroit

"Lawyer Trust Accounts: Management Principles & Recordkeeping Resources" Set for Tuesday, Oct. 2 in Flint

SBM to Present "Tips and Tools" for a Successful Practice Seminar on Thursday, November 1, in Lansing

State News
Role of Emergency Managers in the Hands of Voters
(Oakland Press, 9/10/12)
See also:
Ballot Proposals Certified by State Board
(Detroit Free Press, 9/8/12)
State Canvassers Finalize Six Initiatives for Nov. Ballot (Detroit News, 9/8/12)

Michigan Democrats Pick 3 As High Court Candidates (Detroit Free Press, 9/9/12)
See also:
Michigan Dems Pick Three Women to Run for State Supreme Court
(Detroit News, 9/9/12)

Oakland County Judge Wins Tight Fact for GOP Nomination to State Supreme Court
(Detroit Free Press, 9/8/12)
See also:
Michigan GOP Picks Oakland's O'Brien for Supreme Court Race
(Detroit News, 9/8/12)

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