Public Policy Update from the State Bar of Michigan
January 11, 2016
Volume 14 Issue 2

Please Note: Next week's Public Policy Update will be published on January 19. The State Bar will be closed on January 18 in observance of Martin Luther King, Jr. Day.

In the Capitol

Complete Committee Meeting List

New Public Acts

In the Hall of Justice

Michigan Supreme Court to hear oral arguments January 13 and 14, 2016

Michigan Supreme Court Public Administrative Hearing
The Michigan Supreme Court will hold a public administrative hearing on Wednesday, January 27, 2016, 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. and adjourn no later than 11:30 a.m. Persons who wish to address the Court regarding matters on the agenda will be allotted three minutes each to present their views, after which the speakers may be questioned by the Justices. To reserve a place on the agenda, please notify the Office of Administrative Counsel in writing at P.O. Box 30052, Lansing, Michigan 48909, or by e-mail at ADMcomment@courts.mi.gov, no later than Monday, January 25, 2016.

Complete Agenda

Administrative Orders
2015-27 - Proposed Minimum Standards for Appointed Counsel
As noted in the introductory paragraphs of this order, the content of this proposal was submitted to the Michigan Supreme Court in its entirety by the Michigan Indigent Defense Commission. The staff comments following each proposed Standard were also supplied by the MIDC.
Issued: January 11, 2016
Comment Period Expiration: May 1, 2016

Other Actions
2014-12 - Proposed Amendment of MCR 3.211
On order of the Court, the proposed amendment of Rule 3.211 of the Michigan Court Rules having been published for comment at 497 Mich 1218-1219 (2014), and an opportunity having been provided for comment in writing and at a public hearing, the Court declines to adopt the proposed amendment. This administrative file is closed without further action.
Issued: January 6, 2016

At The Bar

January 22 Board of Commissioners Public Policy Agenda
The Public Policy, Image and Identity Committee will be meeting on Friday, January 22, 2016 to make recommendations for the full Board of Commissioners on public policy items. The agenda can be found online. Members of the State Bar are invited to submit comments to Board of Commissioners on any of the items on the agenda. All comments received before the January 22 meeting will be shared with the Board.

Sections and Committees
The Elder Law & Disability Rights Section submitted public policy position reports on the following items:
Support: HB 4674 Mental health; code; assisted outpatient treatment program; modify. Amends secs. 100a, 100c, 401, 404, 420, 422, 423, 425, 426, 427, 429, 431, 434, 435, 438, 447, 448, 449, 451, 452, 454, 455, 463, 468, 469a, 472a, 474, 474a & 475 of 1974 PA 258 (MCL 330.1100a et seq.); adds sec. 400b & repeals secs. 116a, 424, 428 & 433 of 1974 PA 258 (MCL 330.1116a et seq.).

Support: HB 5034 Probate; wills and estates; uniform fiduciary access to digitals assets act; enact. Creates new act.

The Prisons & Corrections Section submitted public policy position reports on the following items:
Support: HB 4947 Juveniles; criminal procedure; age of juvenile court jurisdiction and location of juvenile detention in some instances; modify. Amends secs. 1, 3 & 11, ch. XIIA of 1939 PA 288 (MCL 712A.1 et seq.).

Support: HB 4948 Criminal procedure; sentencing; sentencing juveniles prosecuted in the same manner as adults; revise code of criminal procedure to reflect increase in age limit and factors for consideration. Amends sec. 27, ch. IV of 1927 PA 175 (MCL 764.27).

Support: HB 4949 Juveniles; criminal procedure; age of juvenile court jurisdiction in juvenile diversion act; modify. Amends secs. 2 & 8 of 1988 PA 13 (MCL 722.822 & 722.828).

Support: HB 4950 Juveniles; criminal procedure; age of juvenile jurisdiction in youth rehabilitation services act; modify. Amends sec. 2 of 1974 PA 150 (MCL 803.302).

Support: HB 4951 Mental health; other; age of juvenile in disposition of persons found not guilty by reason of insanity; modify. Amends sec. 1060a of 1974 PA 258 (MCL 330.2060a).

Support: HB 4952 Criminal procedure; sentencing; sentencing juveniles prosecuted in the same manner as adults; revise the code of criminal procedure to reflect increase in age limit and factors for consideration. Amends sec. 15b, ch. IV of 1927 PA 175 (MCL 764.15b).

Support: HB 4953 Juveniles; criminal procedure; definition of adult in Michigan indigent defense commission act; modify. Amends sec. 3 of 2013 PA 93 (MCL 780.983).

Support: HB 4954 Criminal procedure; sentencing; sentencing juveniles prosecuted in the same manner as adults; revise the code of criminal procedure to reflect increase in age limit and factors for consideration. Amends sec. 11, ch. II of 1927 PA 175 (MCL 762.11).

Support: HB 4955 Criminal procedure; sentencing; sentencing juveniles prosecuted in the same manner as adults; revise the code of criminal procedure to reflect increase in age limit and factors for consideration. Amends sec. 1, ch. IX of 1927 PA 175 (MCL 769.1).

Support: HB 4956 Juveniles; criminal procedure; factors to consider when determining jurisdiction over juveniles in certain circumstances; modify. Amends sec. 4, ch. XIIA of 1939 PA 288 (MCL 712A.4).

Support: HB 4957 Juveniles; other; detention of juveniles in certain circumstances; modify. Amends secs. 14, 15, 16, 18, 18i & 18k, ch. XIIA of 1939 PA 288 (MCL 712A.14 et seq.).

Support: HB 4958 Criminal procedure; sentencing; sentencing juveniles prosecuted in the same manner as adults; revise the code of criminal procedure to reflect increase in age limit and factors for consideration. Amends sec. 27a, ch. IV of 1927 PA 175 (MCL 764.27a).

Support: HB 4959 Corrections; alternatives; restrict placement of youth under 18 during confinement, trial, or transport; prohibit placement with adults during confinement, trial, or transport. Amends sec. 139 of 1931 PA 328 (MCL 750.139).

Support: HB 4965 Corrections; other; family advisory board; establish. Amends 1953 PA 232 (MCL 791.201 - 791.285) by adding sec. 14a.

Support: HB 5078 Corrections; parole; procedures for parole of prisoner who is determined to be medically frail; revise. Amends sec. 35 of 1953 PA 232 (MCL 791.235).

Support: HB 5079 Corrections; parole; corrections code of 1953; amend to implement medically frail parole. Amends secs. 33, 33b & 34 of 1953 PA 232 (MCL 791.233 et seq.).

Oppose: HB 5081 Crimes; penalties; penalties for removal of a parolee from a facility who was placed there as a condition of his or her parole; provide for. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 197d.

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