Public Policy Update from the State Bar of Michigan
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January 2, 2018
Volume 16, Issue 1

In the Capitol

The Michigan House of Representatives and Senate are on winter recess until Wednesday, January 10.

Complete Committee Meeting List

In the Hall of Justice

Michigan Supreme Court Public Administrative Hearing – January 23, 2018
The Michigan Supreme Court will hold a public administrative hearing on Tuesday, January 23, 2018, beginning at 9:30 a.m. To reserve a place on the agenda, please notify the Office of Administrative Counsel in writing at P.O. Box 30052, Lansing, MI 48909, or by e-mail at ADMcomment@courts.mi.gov no later than Monday, January 22, 2018.
The Agenda can be found online.

Administrative Orders
2002-37: Amendment of Administrative Order 2007-3 for the 6th Circuit Court (Oakland County)
Issued: 12/20/17
Effective: Immediately

2002-37: Deferral of Effective Date of September 20, 2017 Order
On September 20, 2017, for purposes of proceeding with creation and implementation of a statewide electronic filing system, this Court ordered that various rule amendments take effect January 1, 2018, with the understanding that comments submitted during the comment period and at the public hearing might result in revisions of these amendments. Because it appears that some significant changes will be considered on final review of these amendments in January 2018, the effective date of amendments adopted by order dated September 20, 2017, is deferred until further order of the Court.
Issued: 12/20/17
Effective: Immediately

Rule Amendment
2016-11: Amendment of MCR 3.208
The proposed amendment of MCR 3.208 would implement 2014 PA 378 permitting alternate procedures to set contempt proceedings to reduce the steps necessary to schedule a hearing. The proposed amendments also would clarify when the friend of the court must participate in a contempt hearing. In addition, the proposed amendments would implement 2014 PA 381 making the Office of Child Support responsible for determining allocation and distribution of child support payments, and would allow the friend of the court to refrain from enforcing child support orders in situations in which it is inappropriate or unproductive for the friend of the court to continue to enforce child support orders.
Issued: 12/20/17
Effective: 1/1/18

Proposed Amendments
2016-19/2016-28: Proposed Amendment of MCR 5.125 and 5.409
The proposed amendment of MCR 5.125(C)(22) is intended to ensure that minor children of an alleged legally incapacitated person receive notice of a petition as presumptive heirs. The proposed amendments of MCR 5.125(C)(23) were submitted by the Representative Assembly of the State Bar of Michigan, and are intended to clarify the definition of persons interested in receiving a copy of a guardianship report for a minor, as referenced by MCL 700.5215. The proposed amendment of MCR 5.409 is intended to ensure that the financial institution statements and verification of funds reflect assets on hand as of the last day of the accounting period, not some time beyond that date.
Issued: 12/20/17
Comment Period Expiration: 4/1/18

2016-42: Proposed Amendments of MCR 6.310, 6.429, and 6.431
The proposed amendments of MCR 6.310, 6.429, and 6.431 would provide a “prison-mailbox” rule for post-sentencing motions to withdraw plea, motions to correct an invalid sentence and motions for new trial, filed by in pro per defendants in the custody of the Department of Corrections.
Issued: 12/20/17
Comment Period Expiration: 4/1/18

2016-46: Proposed Amendment of Rule 15 of the Rules Concerning the State Bar
The proposed amendment of Rule 15 of the Rules Concerning the State Bar of Michigan (submitted by the SBM Representative Assembly) would increase the fee for Character & Fitness investigations to more accurately reflect the costs of performing the investigations and would update the language to reflect the online application process. According to the Bar, this would be the first increase in these fees in more than 15 years.
Issued: 12/20/17
Comment Period Expiration: 4/1/18

At the Bar

Judicial Vacancy—Saginaw County


Links of Interest

SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
MCL Search Engines