Public Policy Update from the State Bar of Michigan
September 16-22, 2013
Volume 11 Issue 38

In the Capitol
Committee meetings of interest for the week of 9/23
9/24 State Drug Treatment Court Advisory Committee

9/24 Michigan Law Revision Commission

9/24 Senate Judiciary
Agenda:
SB471 Prohibit dissemination of juvenile criminal history record information under certain circumstances;
And any other business properly before the committee.

9/25 House Criminal Justice
Agenda:
HB 4867 Expand definition of predatory conduct to include preoffense conduct directed at a law enforcement officer posing as a potential victim;
HB 4907 Provide for technical amendments;
HB 4908 Revise sentencing guidelines for certain arson violations.

9/26 House Judiciary, Joint Meeting with Criminal Justice, and Appropriations: Corrections, and Appropriations: Judiciary
Agenda:
Presentation by Warden N. Burl Cain, Warden of the Louisiana State Penitentiary.

Complete Committee Meeting List

New Public Acts

In the Hall of Justice

Danielle M. Brown of Troy appointed to State Bar of Michigan Board of Commissioners by Michigan Supreme Court

Benjamin J. Aloia of Shelby Township appointed to Committee on Model Civil Jury Instructions by Michigan Supreme Court

Michigan Supreme Court announces appointments to Attorney Discipline Board

Michigan Supreme Court announces appointments to Attorney Grievance Commission

State Court Administrator Chad C. Schmucker named National Judicial College President; second Michiganian to serve in both posts

Rule Amendments
2011-19 - Amendments of Rule 6.302 and Rule 6.310 of the Michigan Court Rules
The amendments of MCR 6.302 and MCR 6.310 eliminate the ability of a defendant to withdraw a plea if the defendant and prosecutor agree that the prosecutor will recommend a particular sentence, but the court chooses to impose a sentence greater than that recommended by the prosecutor. Further, the amendment clarifies that a defendant’s misconduct that occurs between the time the plea is accepted and the defendant’s sentencing may result in a forfeiture of the defendant’s right to withdraw a plea in either a Cobbs or Killebrew case. In addition, the amendments require that a plea agreement (which may include a sentence agreement) must be stated on the record or reduced to writing. A form developed to accommodate this writing is available on the Court’s website. The amendments also include various technical changes to reflect that a sentence agreement includes a sentence for a specific term or a sentence within a specific range.
Issued: September 18, 2013
Effective: January 1, 2014

Administrative Orders
2004-04 - Administrative Order No. 2013-9 (Adoption of Concurrent Jurisdiction Plan for the 40th Circuit Court, the 71-A District Court, and the Lapeer County Probate Court)
Issued: September 18, 2013
Effective: Immediately

2004-04 - Administrative Order No. 2013-10 (Adoption of Concurrent Jurisdiction Plan for the 44th Circuit Court, the 53rd District Court, and the Livingston County Probate Court)
Issued: September 18, 2013
Effective: Immediately

2004-04 - Administrative Order No. 2013-11 (Adoption of Concurrent Jurisdiction Plan for the 1st Circuit Court, the 2-B District Court, and the Hillsdale County Probate Court)
Issued: September 18, 2013
Effective: Immediately

Proposed Amendments
2013-28 - Proposed Amendment of Rule 2.510 of the Michigan Court Rules
The proposed amendments of MCR 2.510 would allow courts to authorize prospective jurors to complete and return questionnaires electronically, and would allow courts to create and maintain them electronically (i.e., in any medium authorized by court rules pursuant to MCR 1.109). The proposed change also would delete language in MCR 2.501(D) to clarify that the chief judge is responsible for initiation of the court’s policies for summoning prospective jurors.
Issued: September 18, 2013
Comment period expiration: January 1, 2014

Other Actions
2013-01 - Supreme Court Appointment to the State Bar of Michigan Board of Commissioners
Issued: September 18, 2013

2013-01 - Supreme Court Appointment to the Committee on Model Civil Jury Instructions
Issued: September 18, 2013

2013-01 - Supreme Court Appointments to the Attorney Discipline Board
Issued: September 18, 2013

2013-01 - Supreme Court Appointments to the Attorney Grievance Commission
Issued: September 18, 2013

At the Bar
Brian D. Einhorn Sworn in as State Bar President

Kathleen M. Allen Sworn in as SBM Representative Assembly Chair

The Board of Commissioners met on September 18, 2013 at which time the State Bar of Michigan adopted the following public policy positions:

ADM File No. 2012-23 - Proposed Amendment of Rule 8.109 of the Michigan Court Rules
The proposed amendment of MCR 8.109 would provide explicit authority for courts to use audio and video recording equipment to make a record of court proceedings and that trial courts using recording equipment would be required to follow the standards relevant to recording of proceedings that are published by the State Court Administrative Office.
SBM Position: Support.

ADM File No. 2012-26 - Proposed Amendment of Rule 8.111 of the Michigan Court Rules
This proposal would clarify that the reassignment requirement applies regardless whether the court is acting in the capacity of a trial court or as an appellate court, such as a circuit court considering an appeal of a district court or probate court determination.
SBM Position: Support.

ADM File No. 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.
SBM Position: Support.

HB 4933 (Heise) Occupations; attorneys; eligibility criteria for foreign attorney admission to the bar without examination; modify residency requirement. Amends sec. 946 of 1961 PA 236 (MCL 600.946).
SBM Position: Support.

State News
State Bar Defends Its Position On Judicial Campaign Finance Disclosure – And Its Existence
(SBM Blog, 9/21/13)
See also:
Next Right-To-Work Fight May Involve Lawyers, Mandatory Dues for State Bar of Michigan
(Mlive.com, 9/21/13)
Right-To-Work Leader: Stop Forcing Lawyers to Pay State Bar Dues
(Detroit News, 9/21/13)
Right-To-Work Laws Should be Extended to Lawyers, Michigan Freedom Fund Head Says
(Detroit Free Press, 9/21/13)
Group Wants Opt Out of Paying State Bar Dues
(WNMU-FM, 9/21/13)
Conservative Group Wants Right-To-Work for Lawyers
(San Francisco Chronicle, 9/21/13)
Under Proposal, Lawyers Wouldn’t Be Required to Pay Dues to State Bar to Practice in Michigan
(Crain’s Detroit Business, 9/21/13)
Some Want Right-To-Work Laws Applied to Lawyers
(Lansing State Journal, 9/21/13)

 

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