Public Policy Update from the State Bar of Michigan
November 5-11, 2012
Volume 10 Issue 45

FOCUS: Michigan House Passes Indigent Defense Bill
On November 8, the Michigan House of Representatives passed HB 5804, a bill to create the indigent defense commission, 71 to 36. The bill moves onto the Senate.
Michigan House OKs Overhaul of Indigent Defense
(CNBC.com, 11/9/12)
Michigan House OKs Overhaul of Indigent Defense
(CBSNews.com, 11/9/12)
Editorial: Michigan Steps Toward Greater Justice for Poor Defendants
(Detroit Free Press, 11/9/12)
Michigan House OKs Overhaul of Indigent Defense
(Mlive.com, 11/8/12)
Michigan House Passes Criminal Defense Overhaul
(Interlochen Public Radio, 11/8/12)
Michigan House Overwhelmingly OKs Overhaul of State's Much-Maligned Indigent Defense System
(The Republic, 11/8/12)
Michigan House OKs Overhaul of Legal Representation for Low-Income Defendants
(Click on Detroit, 11/8/12)
Should We Spend More on Lawyers to Represent Poor Defendants? Here's Why Michigan House Said Yes
(Mlive.com, 11/8/12)

In the Capitol
Committee Meetings of Interest for the Week of 9/12
11/13 House Insurance
Agenda Items of Interest: For Testimony only: SB 1293 Revise regulations applicable to nonprofit mutual disability insurer to accommodate merger with nonprofit health care corporation; SB 1294 Allow merger of corporation with a nonprofit mutual disability insurer, and provide procedures.
Elder Law & Disability Rights Section Position on SB 1293 and SB 1294: Oppose in current form; support of affordable Medigap plans, including legacy and subsidized plans, must be incorporated before reformation or conversion takes place.

Complete Committee Meeting List

New Public Acts

In the Hall of Justice
Can children conceived after father's death inherit under state's intestacy law?

The Michigan Supreme Court will hold a public administrative hearing on Wednesday, November 28, 2012, in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street, Lansing, Michigan 48915. The hearing will begin promptly at 9:30 a.m. Persons who wish to address the Court regarding matters on the agenda should notify the Office of the Clerk of the Court in writing at P.O. Box 30052, Lansing, Michigan 48909, or by e-mail at MSC_clerk@courts.mi.gov, no later than Monday, November 26, 2012.

Agenda:
2011-09—Proposed Revision of Administrative Order No. 1989-1 (rules regarding media access in the Court of Appeals and the Supreme Court)
The proposed amendment of Administrative Order No. 1989-1 adds new language that clarifies and expands the standards for allowing film or electronic media coverage of court proceedings in the Court of Appeals and the Supreme Court.
SBM Position: Provide recommendations from the State Bar's Civil Procedure & Courts Committee.

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.

2012-03—Proposed Adoption of Rule 1.111 and Rule 8.127 of the Michigan Court Rules
This proposal includes two separate proposed rules that relate to foreign language interpreters. The first proposed rule, MCR 1.111, would establish the procedure for appointment of interpreters, and establish the standards under which such appointment would occur. The proposed rule includes alternative language for subrules (B) and (F)(4).
The second proposed rule, MCR 8.127, would create a board to oversee certification of interpreters and other interpreter-related functions, and provide a procedure for imposing discipline upon interpreters who commit misconduct. The board's structure and responsibilities are similar to those of the Court Reporting and Recording Board of Review described in MCR 8.108.
SBM Position: Support MCR 1.111 (A)(2)(a) through (c) and MCR 1.111 (A)(5). Support Alternative B of MCR 1.111 (B) and MCR 1.111(F)(4) with a recommended amendment to (F)(4). Substitute Language for MCR 1.111(G). Create MCR 1.111(H). Support the creation of a Foreign Language Board of Review with a broader role. Support and amend MCR 8.127(D).

2012-15—Proposed Administrative Order No. 2012-XX (proposed implementation of trial court performance measures)
This administrative order would implement the use of performance measures in trial courts.
SBM Position: No position, but request the opportunity for input on the performance standards once developed.

2012-16—Proposed Administrative Order No. 2012-XX (proposal would allow State Court Administrative Office to authorize judicial officer's appearance by video communication equipment)
This administrative order would allow the State Court Administrative Office to authorize a judge to preside using videoconferencing equipment in certain types of proceedings.
SBM Position: Oppose.

Proposed Amendments
2011-19—Proposed Amendments of Rule 6.302 and Rule 6.310 of the Michigan Court Rules
The proposed amendments of MCR 6.302 and MCR 6.310 would 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 proposal would clarify 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 with draw a plea in either a Cobbs or Killebrew case.
Issued: November 7, 2012
Comment period expiration: March 1, 2013

Other Actions
2010-25—Proposed Amendment of Rule 7.210 of the Michigan Court Rules
This amendment was proposed by James Neuhard, former director of the State Appellate Defender Office. The proposed amendment would require trial courts to become the depository for exhibits offered in evidence (whether those exhibits are admitted or not), instead of requiring parties to submit exhibits offered in evidence when a case is submitted to the Court of Appeals on a claim of appeal.
Issued: November 7, 2012
Action: Declined to adopt and file closed.

2012-01—Appointment of Chief Judge in the 90th District Court
Issued: November 7, 2012
Effective: Term ends December 31, 2013

At the Bar
In Memoriam: Edmund M. Brady Jr., 63rd President of the State Bar of Michigan

Judicial Vacancy—8th District Court, Kalamazoo County
Hon. Carol A. Husum is vacating her seat at 8th District Court, Kalamazoo County. State Bar members interested in applying for the judgeship should submit an application by December 7, 2012.
View Information

The State Bar of Michigan's Public Policy, Image, and Identity Committee and Board of Commissioners will meet Friday, November 16. For more information, please contact pcunningham@mail.michbar.org.

Sections and Committees
The Elder Law & Disability Rights Section submitted Public Policy position reports on the following items:
Oppose in current form: SB 1293 Insurance; health; regulations applicable to nonprofit mutual disability insurer; revise to accommodate merger with nonprofit health care corporation. Amends secs. 2213b, 3705, 3712, 5008, 5104, 5209, 5800 & 5824 of 1956 PA 218 (MCL 500.2213b et seq.) & adds secs. 5801 & 5805.

Oppose in current form: SB 1294 Insurance; health care corporations; merger of corporation with a nonprofit mutual disability insurer; allow, and provide procedures. Amends secs. 218 & 401e of 1980 PA 350 (MCL 550.1218 & 550.1401e) & adds secs. 220, 401l, 401m & 620.

The Negligence Law Section submitted Public Policy position reports on the following items:
Oppose: HB 5900 Torts; liability; injuries sustained in recreational activities; provide protection from liability for. Creates new act.

Oppose: SB 1240 Torts; liability; social services agency; grant immunity for providing child social welfare programs. Creates new act.

Oppose: SB 1304 Torts; liability; private landing field open to public; establish limited liability for aviation-related activities. Amends sec. 73301 of 1994 PA 451 (MCL 324.73301).

The Prisons & Corrections Section submitted a Public Policy position on the following item:
Oppose and Amend: SB 1214 Corrections; parole; standard of review for parole board release decisions; modify, and allow for attorney general intervention. Amends sec. 34 of 1953 PA 232 (MCL 791.234).

The Probate & Estate Planning Section submitted a Public Policy position report on the following item:
Support and Amend: SB 1296 Civil procedure; statute of limitations; statute of repose for actions against an attorney-at-law or a law firm; enact. Amends sec. 5838 of 1961 PA 236 (MCL 600.5838) & adds sec. 5838b.

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