Public Policy Update from the State Bar of Michigan
September 27–October 3, 2010
Volume 8 Issue 40

FYI: The deadline to register to vote in the November 2 election is today, Monday, October 4, 2010. For further information on how and where to register to vote, visit the Michigan Department of State.

In the Capitol
The Michigan House of Representatives and Senate adjourned Wednesday, September 29. Both chambers will be in session Wednesday, October 6, at 10 a.m.
House Schedule
Senate Schedule

Complete Committee Meeting List

New Public Acts

Legislation Introduced 9/28–9/29
Of Interest to the Legal Community

HB 6497 Retirement; judges; final compensation; require to use highest rate of compensation for a period of 3 consecutive years. Amends sec. 105 of 1992 PA 234 (MCL 38.2105).

HB 6513 Criminal procedure; statute of limitations; certain crimes relating to real property; revise statute of limitations.

HB 6514 Civil procedure; service of process; process server fees; allow fees for certain additional services.

HB 6517 Torts; product liability; cap on damages; eliminate if injury or death resulted from use of a taser.

SB 1522 Criminal procedure; statute of limitations; certain crimes relating to real property; revise statute of limitations. Amends sec. 24, ch. VII of 1927 PA 175 (MCL 767.24).

SB 1533 Children; protection; ex parte emergency removal order allowing the department of human services to take protective custody of a child; allow. Amends secs. 10, 13a & 14, ch. XIIA of 1939 PA 288 (MCL 712A.10 et seq.) & adds secs. 14a & 14b to ch. XIIA.

Of General Interest
HB 6512 Retirement; state employees; early retirement option for certain legislative, judicial, executive branch, and unclassified civil service employees; provide for.

SB 1513 Public employees and officers; other; candidates for elected public office; prohibit placement on ballot if convicted of certain offenses. Amends sec. 933 of 1954 PA 116 (MCL 168.933) & adds sec. 558a.

SB 1523 Occupations; notaries public; penalties for notary public violations; increase. Amends secs. 41, 43 & 49 of 2003 PA 238 (MCL 55.301 et seq.).

SB 1524 Criminal procedure; sentencing guidelines; sentencing guidelines for notary public violations; enact. Amends sec. 11c, ch. XVII of 1927 PA 175 (MCL 777.11c).

In the Hall of Justice
Father Whose Parental Rights Were Terminated Seeks Ruling He is Not Liable for Child Support; Michigan Supreme Court to Hear Case Next Week During First Oral Arguments of 2010-2011 Term

At the Bar
Dues Information

W. Anthony Jenkins Sworn in as SBM President

Radke is the new SBM Representative Assembly Chair

Economics of Law Practice Survey—Take the Survey Now

SBM to Present "Tips and Tools" for a Successful Practice Seminar on Tuesday, Nov. 9, in Lansing

FOCUS: The Board of Commissioners met on September 29, 2010, at which time the State Bar of Michigan adopted the following Public Policy positions by a unanimous vote:

2009-22 Proposed Amendments of Rules 7.212 and 7.215 of the Michigan Court Rules
These proposed amendments of MCR 7.212 and MCR 7.215, submitted by the State Bar of Michigan Appellate Practice Section, would eliminate the requirement to provide a copy of an unpublished Court of Appeals decision if that decision was issued after July 1, 1996, and a case number is provided.
SBM Position: Support

2010-16 Proposed Amendments of Rules 6.302 and 6.610 of the Michigan Court Rules
These proposals were generated following the recent United States Supreme Court decision in Padilla v Kentucky, ___ US ___; 130 S Ct 1473; 176 L Ed 2d 284 (2010), in which the Court held that defense counsel is required to inform a defendant about the risk of deportation as a potential consequence of a guilty plea. In that case, the Court held that "when the deportation consequence is truly clear, as it was in this case," counsel must give correct advice. The Court also noted that in "situations in which the deportation consequences of a particular plea are unclear or uncertain, … a criminal defense attorney need do no more than advise a noncitizen client that pending criminal charges may carry a risk of adverse immigration consequences." Padilla, 130 S Ct 1483.

Proposal A would require a judge to ask a noncitizen defendant and the defendant's lawyer if they have discussed possible risk of deportation as a consequence of a guilty plea. The focus of this inquiry is whether the defendant is a noncitizen, and what the defense counsel has told the defendant. Proposal B would require a judge to give general advice to any defendant (whether or not the defendant is represented by counsel) that a guilty plea by a noncitizen may carry immigration consequences. This alternative would obviate the need to determine the defendant's citizenship status, which the defendant may not know or be willing to divulge.
SBM Position: Authorize Criminal Jurisprudence & Practice Committee and Criminal Issues Initiative to advocate their positions.

2010-21 Proposed Amendment of Rule 8.110 of the Michigan Court Rules
This proposal would exclude cases that are stayed during an interlocutory appeal from being included in the group of cases that a chief judge must report to the State Court Administrator that are delayed beyond the time guidelines.
SBM Position: Support

HB 5036 (Ebli) Civil procedure; civil actions; strategic lawsuits against public participation; limit. Amends 1961 PA 236 (MCL 600.101–600.9947) by adding sec. 2977.
SBM Position: Support

HB 6101 (McMillin) Crime victims; rights; names and addresses of minors who have been victims of child abuse or sex crimes; allow to be exempted from disclosure under freedom of information act. Amends sec. 13 of 1976 PA 442 (MCL 15.243).
SBM Position: Support

The Representative Assembly met on September 30, 2010, at which time the State Bar of Michigan adopted the following Public Policy position:
Consideration of Proposed Resolution Requiring Disclosure Prior to an Election of the Sources of Funding for All Expenditures for Electioneering Communications
SBM Position: Support

Federal News
High Profile Cases File Supreme Court Docket
(Washington Times, 9/30/10)
See also:
Supreme Court Term Offers Hot Issues and Future Hints
(New York Times, 10/2/10)

State News
Michigan State Budget Finished Without Tax Hikes, Cuts to Schools
(Lansing State Journal, 9/30/10)
See also:
Lawmakers Wrap Up State Budget in Time, Avoid Shutdown
(Detroit News, 9/30/10)
Retirement Plan OK'd for State Employees
(Lansing State Journal, 9/24/10)

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