Public Policy Update from the State Bar of Michigan
September 26–October 2, 2011
Volume 9 Issue 40

In the Capitol
Committee Meetings of Interest for the Week of 10/3
* Please note that the House Judiciary Committee typically meets on Thursday at 10:30 a.m. but at the time of publication had not yet posted a hearing notice. Check the Complete Committee Meeting List for updates.

10/4 House Insurance
Agenda: HB 4936 Make miscellaneous changes to no-fault insurance coverage and benefits.

10/4 House Commerce
Agenda Item of Interest: HB 5002 Modify definition of disability and conditions on compensation for covered injuries.
Workers' Compensation Law Section Position: Amend

10/4 Senate Judiciary
Agenda: SB 630 Clarify retention and release of nonpublic records of an arrest, diversion, discharge, or dismissal of certain controlled substance cases; SB 631 Clarify retention of nonpublic records during period of diversion for a controlled substance violation; SB 632 Require retention of nonpublic records during period of diversion for a controlled substance violation; SB 633 Clarify retention of nonpublic records during period of diversion for certain crimes; HB 4071 Modify double-bunking and jail cell size provisions; And any other business to come properly before the committee.

10/6 House Insurance
Agenda: HB 4936 Make miscellaneous changes to no-fault insurance coverage and benefits.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 9/27–9/28
View all bills introduced 9/27–9/28

Of Interest to the Legal Community
HB 5012 Criminal procedure; statute of limitations; filing for certain indictments; modify. Amends sec. 24, ch. VII of 1927 PA 175 (MCL 767.24).

HB 5020 Civil procedure; foreclosure; foreclosure by advertisement; require all assignments of mortgage to be recorded. Amends secs. 3204 & 3212 of 1961 PA 236 (MCL 600.3204 & 600.3212).

SB 694 Children; parental rights; probate court jurisdiction to terminate parental rights of a parent who commits a criminal offense against a child; provide for. Amends sec. 2, ch. XIIA of 1939 PA 288 (MCL 712A.2).

SB 701 Civil rights; equal protection; application of foreign laws; prohibit. Creates new act.

SB 705 Civil procedure; foreclosure; deficiency judgment; prohibit. Amends secs. 3150 & 3280 of 1961 PA 236 (MCL 600.3150 & 600.3280).

SB 707 Civil procedure; discovery; uniform interstate depositions and discovery act; adopt. Amends sec. 1852 of 1961 PA 236 (MCL 600.1852) & adds ch. 22.

Of General Interest
SB 708 Worker's compensation; definitions; definition of disability and conditions on compensation for covered injuries; modify. Amends secs. 301, 315, 331, 353, 354, 360, 361 & 801 of 1969 PA 317 (MCL 418.301 et seq.); adds sec. 306 & repeals ch. 4 of 1969 PA 317 (MCL 418.401418.441).

In the Hall of Justice
Attorney Discipline Board Appointments Announced by Michigan Supreme Court

Attorney Grievance Commission Appointments Announced by Michigan Supreme Court

Hon. Patricia J. Boyle Appointed to Committee on Model Civil Jury Instructions by Michigan Supreme Court

Defendant in Child Sex Abuse Case Seeks to Overturn Conviction; Michigan Supreme Court to Hear Arguments in Case This Week

Administrative Orders
2009-02 Amendments of Rules 2.105, 2.612, 3.612, 3.802, 3.903, 3.920, 3.921, 3.929, 3.979, 5.125, 5.128, 6.509, 7.208, 7.210, 7.316, and 8.119 of the Michigan Court Rules and Amendment of Administrative Order No. 2006-3
The above noted changes are minor revisions of the rules that have been recommended to the Court to correct cross references and to reflect other technical changes.
Issued: September 28, 2011
Effective: Immediately

2011-20 Rescission of Rule 2.119 and Rule 2.403 of the Local Court Rules of the 37th Circuit Court (Calhoun County)
Issued: September 28, 2011
Effective: Immediately

Proposed Amendments
2004-55 Proposed Amendment of Rule 3.211 of the Michigan Court Rules
This proposed amendment would eliminate the requirement that the Supreme Court approve changes to the Uniform Support Order forms. Without explicit approval required by the Supreme Court, the forms would be updated like other forms that are revised on a regular basis within the State Court Administrative Office.
Issued: September 28, 2011
Comment period expiration: January 1, 2012

2010-15 Proposed Amendment of Rule 6.005 of the Michigan Court Rules
This proposed amendment would clarify that trial counsel is required to make a defendant's file available to an appellate lawyer, and would be required to retain the file for at least five years. This file was prompted by reports of appellate counsel having difficulty obtaining trial materials (especially video or audio materials that were not transcribed as part of the transcript). The five-year period mirrors the five-year retention period contained in MRPC 1.15(b)(2).
Issued: September 28, 2011
Comment period expiration: January 1, 2012

2010-20 Proposed Amendment of Rule 6.302 of the Michigan Court Rules
This proposed amendment of MCR 6.302 would reinsert a requirement that a court advise a defendant who pleads guilty that the defendant's maximum possible prison sentence may be longer than the maximum possible prison sentence for a particular offense if the defendant falls within the parameters of the habitual offender statute (MCL 769.13). The statute allows a prosecutor to notify the defendant that the prosecutor intends to seek an enhanced sentence after the defendant pleads guilty. Thus, the sentence range given by the court may not take into account any sentence enhancement at the plea hearing.
Issued: September 28, 2011
Comment period expiration: January 1, 2012

Other Actions
2011-01 Appointment to the Committee on Model Civil Jury Instructions
Issued: September 28, 2011

2011-01 Appointments to the Attorney Grievance Commission
Issued: September 28, 2011

2011-01 Appointments to the Attorney Discipline Board
Issued: September 28, 2011

At the Bar
SBM Executive Director Janet Welch Named Michigan Lawyers Weekly's 2011 Woman of the Year

FOCUS: The Executive Committee of the State Bar met Tuesday, September 27 and took the following positions:
2008-36 Proposed Amendment of Rule 7.202 of the Michigan Court Rules and Proposed Adoption of Administrative Order No. 2011-XX
Alternative A, the proposed amendment of MCR 7.202 would establish that an order suppressing material and substantial evidence is considered a final order, and therefore subject to an appeal by right. By contrast, Alternative B, a proposed administrative order, would establish a right to a mandatory stay while a prosecutor pursues interlocutory appeal of a trial court's decision to suppress a prosecutor's evidence. These proposals were prompted by the Court's decision in People v Richmond, 486 Mich 29 (2010), in which the Court held that a prosecutor's decision to move to dismiss the prosecutor's case makes the case moot on appeal.
SBM Position: Oppose.

2010-13 Proposed Amendment of Rule 6.001 of the Michigan Court Rules
The intent of this proposed amendment is to clarify that discovery, which is not allowed under subsection (B) in criminal cases cognizable in the district courts, may be allowed after indictment or information following the preliminary hearing.
SBM Position: Adopt the position of the Criminal Law Section.

Sections and Committees
The Family Law Section submitted the following Public Policy positions:
Oppose: HB 4740 Family law; child custody; factors determining best interest of child; include equal time with both parents as a factor. Amends sec. 3 of 1970 PA 91 (MCL 722.23).

Oppose and Amend: HB 4883 Family law; paternity; reimbursement of confinement expenses; modify under certain circumstances. Amends sec. 2 of 1956 PA 205 (MCL 722.712).

Oppose: SB 547 Family law; child custody; child parenting plan; require in child custody disputes. Amends title and secs. 1, 2, 4 & 11 of 1970 PA 91 (MCL 722.21 et seq.) & adds sec. 5a.

Support and Amend: SB 557 Family law; paternity; revocation of paternity act; enact. Creates new act.

Support and Amend: SB 558 Family law; paternity; acknowledgment of parentage; allow to be set aside under revocation of paternity act. Amends sec. 7 of 1996 PA 305 (MCL 722.1007) & repeals sec. 11 of 1996 PA 305 (MCL 722.1011).

Support and Amend: SB 559 Family law; paternity; order of filiation; allow to be set aside under revocation of paternity act. Amends sec. 10 of 1956 PA 205 (MCL 722.720).

Support and Amend: SB 560 Family law; paternity; determination of parentage for intestate succession; provide for determination under revocation of paternity act. Amends sec. 2114 of 1998 PA 386 (MCL 700.2114).

Federal News
New State Rules Raising Hurdles at Voting Booth
(New York Times, 10/2/11)

In New Term, Supreme Court Shifts Focus to Crime and First Amendment
(New York Times, 10/1/11)
See Also:
Supreme Court Term Could Influence 20102 Election
(USA Today, 9/30/11)
Supreme Court to Weigh Churches' Hiring Rights
(Washington Post, 9/29/11)

FYI:
10/5 United States Senate Judiciary
Agenda: Considering the Role of Judges Under the Constitution of the United States.

State News
Analysis: Snyder May Be Content with Single Term at Helm
(Lansing State Journal, 10/1/11)

Detroit Prison to Close; 2,000 Face Layoffs to Fill State Budget Gap
(Detroit Free Press, 9/29/11)

Mich. Senate Works on Bills to Clarify Pot Laws
(Detroit Free Press, 9/28/11)
Also See:
Michigan Residency Rule Sought for Medical Marijuana Patients
(Lansing State Journal, 9/28/11)

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