Public Policy Update from the State Bar of Michigan
October 3–9, 2011
Volume 9 Issue 41

FOCUS: Juvenile Justice
On October 4, the Annie E. Casey Foundation released No Place for Kids: The Case for Reducing Juvenile Incarceration, highlighting current problems in juvenile justice, with recommendations on reducing juvenile incarceration rates.

In the Capitol
Committee Meetings of Interest for the Week of 10/10
10/11 House Insurance
Agenda: For testimony only: HB 4936 Make miscellaneous changes to no-fault coverage and benefits.

10/11 Senate Judiciary
SB 688 Include as a statement punishable as perjury in unsworn declaration made under penalty of perjury; SB 689 Create uniform unsworn foreign declarations act; HB 4881 Eliminate provisions regarding the election of a state presiding probate judge; SB 707 Adopt uniform interstate depositions and discovery act.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 10/4–10/6
View all bills introduced 10/4-10/6

Of Interest to the Legal Community
SB 726 Criminal procedure; statute of limitations; statute of limitations for attempted murder, kidnapping, and manslaughter; revise. Amends sec. 24, ch. VII of 1927 PA 175 (MCL 767.24).

SB 727 Courts; circuit court; requirement for circuit court to consent to appointment of assistant prosecutor by prosecuting attorney in certain cases; eliminate. Amends sec. 18, ch. XVI of 1927 PA 175 (MCL 776.18).

SB 728 Courts; circuit court; requirement for circuit court to consent to appointment of assistant prosecutor by the prosecutor in certain cases; eliminate. Amends sec. 1 of 1911 PA 41 (MCL 49.41).

In the Hall of Justice
Bonnie L. Rozema of Byron Center Named to Court Reporting and Recording Board of Review by Michigan Supreme Court

Colleen A. Pero of Laingsburg Appointed to State Bar of Michigan Board of Commissioners by Michigan Supreme Court

Rule Amendments
2010-11 Amendment of Rule 2.511 of the Michigan Court Rules
Because MCL 600.1337 requires a court to discharge an unqualified juror regardless whether a party challenges the juror for cause, the amendment of MCR 2.511 clarifies that the discharge must be made when the court learns that the juror is not qualified to serve.
Issued: October 6, 2011
Effective: January 1, 2012

2010-17 Amendment of Rules 3.707 of the Michigan Court Rules
The amendment of MCR 3.707 clarifies that the right to bring a motion to modify or terminate a personal protection order within 14 days after the order enters applies to ex parte PPOs only, not those orders that enter following a full hearing. In addition, for a respondent to file a motion to modify or terminate a PPO more than 14 days after its issuance, this amendment requires the respondent to show good cause.
Issued: October 6, 2011
Effective: January 1, 2012

2010-36 Retention of the Amendment of Rule 3.705 of the Michigan Court Rules
This amendment, submitted to the Court by the State Bar of Michigan Domestic Violence Committee, amends MCR 3.705 to allow sufficient time for a respondent to file a written motion and offer of proof at least 24 hours before a hearing as required by statute. MCL 600.2950a(4) requires that a respondent who wants to introduce evidence covered by the rape shield provision of MCL 750.520j submit a notice and offer of proof at least 24 hours before the hearing. Before adoption of this amendment, the rule's one-day notice of hearing requirement would not have provided the respondent 24 hours within which to submit the offer of proof, so the SBM Domestic Violence Committee recommended that the rule be amended to change the time provision regarding notice of hearing for a sexual assault PPO to two days instead of one day.
Issued: October 6, 2011
Action: Retain amendment of February 1, 2011

2011-04 Amendment of Rule 3.915 of the Michigan Court Rules
The amendment of MCR 3.915 clarifies that counsel should be appointed for a parent even at the preliminary hearing of a child protective proceeding.
Issued: October 6, 2011
Effective: January 1, 2012

Administrative Orders
2011-02 Administrative Order No. 2011-5 (Adjustment of Discipline Portion of State Bar of Michigan Dues)
Issued: October 6, 2011
Effective: To be reflected in the 2012 dues notice

Proposed Amendments
2010-07 Proposed Amendment of Rule 1.5 of the Michigan Rules of Professional Conduct
Issued: October 6, 2011
Action: Decline to adopt proposal and file closed

2010-18 Proposed Amendment of Rule 6.1 of the Michigan Rules of Professional Conduct
Issued: October 6, 2011
Action: Decline to adopt proposal and file closed

2011-05 Proposed Amendments of Rules 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.9, 1.13, 1.14, 1.15, 1.16, 1.17, 3.2, 4.1, 4.3, 5.2, and 8.4 of the Michigan Rules of Professional Conduct
Issued: October 6, 2011
Action: Decline to adopt proposal and file closed

Other Actions
2011-01 Appointment to the State Bar of Michigan Board of Commissioners
Issued: October 6, 2011

2011-01 Appointment to the Court Reporting and Recording Board of Review
Issued: October 6, 2011

Federal News
Breyer and Scalia Testify at Senate Hearing
(New York Times, 10/5/11)

Five Chiefs: Justice John Paul Stevens' Rare Look Inside the Supreme Court
(Time, 10/3/11)

State News
Snyder Plans to Run for Second Term
(Detroit News, 10/7/11)

Michigan Lawmakers Vote to Curb Their Benefits
(Lansing State Journal, 10/6/11)

Michigan's Constitution 'Has Stood the Test of Time'
(Lansing State Journal, 10/6/11)

U.S. High Court Weighs Miranda Rights in Mich. Case
(Detroit Free Press, 10/5/11)

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