Public Policy Update from the State Bar of Michigan

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January 25, 2016
Volume 14, Issue 04

In the Capitol

New Public Acts

Committee Meetings of Interest This Week—Complete List

1/26 House Criminal Justice, 9:30 a.m. More

HB 4651 Modify penalties for unendorsed motorcycle riders;
Testimony Only:
HB 5181 Expand arrest authority of certain peace officers to include airport authority police in certain circumstances;
HB 5107 Create human trafficking notification act;
Or Any Business Properly Before This Committee.

1/26 House Judiciary, 12:00 p.m. More
SB 321 Modify number of judges in Bay County;
SB 581 Revise sex offender registration loitering provisions;
SB 615 Prohibit transmission of judgments against municipalities that are collected as tax levies or capturing by other governmental entity;
For Referral To Committee On Oversight And Ethics:
HB 4629 Eliminate requirement for property owner to provide cash bond to contest forfeiture proceedings and to pay costs and expenses of forfeiture proceedings under certain circumstances;
Or Any Business Properly Before This Committee.

1/27 House Appropriations, 9:00 a.m. More
Agenda Item of Interest:
SB 56 Modify salary formula for judges.
SBM Position on SB 56: Support.

1/27 Senate Appropriations: Subcommittee on Corrections and Subcommittee on Judiciary Joint with Standing Committee on Judiciary, 9:00 a.m. More
Drug court overview by the Supreme Court Administrative Office;
Drug court funding overview by Ryan M. Bergan and Bruce Baker, fiscal analysts with the Senate Fiscal Agency;
A presentation on drug court benefits.

Legislation Introduced

Of Legal Interest

  • HB 5217 Civil procedure; evictions; proceedings to recover possession of premises because of assault, battery, or unlawful drugs; modify to require a conviction. Amends sec. 5714 of 1961 PA 236 (MCL 600.5714).
  • SB 709 Courts; reorganization; number of judgeships; modify, and provide for certain redistricting. Amends secs. 401, 507, 517, 803, 808, 841, 8115, 8121a, 8123, 8159, 8162 & 8304 of 1961 PA 236 (MCL 600.401 et seq.).

Of General Interest

  • HB 5209 Local government; other; bonding for emergency managers; require, and exempt emergency managers from governmental immunity. Amends 2012 PA 436 (MCL 141.1541141.1575) by adding sec. 9a.
  • HB 5210 Torts; governmental immunity; emergency managers; exempt from governmental immunity. Amends 1964 PA 170 (MCL 691.1401691.1419) by adding sec. 7d.
  • HB 5212 Individual income tax; deductions; limitations and restrictions on deductions of certain retirement and pension income; modify. Amends sec. 30 of 1967 PA 281 (MCL 206.30).
  • SB 689 Corrections; other; county jail bed savings program; establish. Amends 1953 PA 232 (MCL 791.201791.285) by adding sec. 65j.

In the Hall of Justice

Survey: Public Very Satisfied with Michigan’s Trial Courts

The Michigan Supreme Court will hold a public administrative hearing on Wednesday, January 27, 2016. 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, no later than Monday, January 25, 2016.

At the Bar

Join Us for a Town Hall Meeting on Friday, January 29 for the 21st Century Practice Task Force

The 21st Century Practice Task Force was created to make recommendations on how the State Bar can best serve the public and support lawyers' professional development in a rapidly changing legal marketplace. Since then, over 150 SBM members have developed more than 100 ideas to move Michigan forward toward the best possible legal future.

The State Bar invites you to attend, in person or virtually, a town hall meeting to learn more about why the task force was formed, and offer your insights, ideas, and concerns. Click on the link above for more information.

Jump-Start Your Referral Business in 2016

Lawyer Trust Accounts: Management Principles & Recordkeeping Resources Set for Tuesday, February 23 in Lansing

The Board of Commissioners met on January 22, 2016 at which time the State Bar of Michigan adopted the following public policy positions:

ADM File No. 2014-13—Proposed Amendment of Rule 2.403 of the Michigan Court Rules
This proposed amendment, submitted by the Michigan Judges Association, would reduce the time period from 28 days to 14 days in which a party would be required to accept or reject a case evaluation award.
Position: Oppose

ADM File No. 2014-17—Proposed Amendment of Rule 7.306 of the Michigan Court Rules
The proposed amendments of MCR 7.306 would expressly authorize a respondent attorney to file a brief in actions of superintending control when the complainant objects to a dismissal by the AGC or ADB; the proposed amendments would also require the party filing for superintending control to serve copies of the complaint and brief on the respondent and would allow 21 days for respondent attorney to submit a brief, with copies to be served on the plaintiff and defendant.
Position: Support

ADM File No. 2015-12—Proposed Amendments of Rules 3.605, 3.606, 3.928, 3.944, 3.956, 6.001, 6.425, 6.445, 6.610, and 6.933 of the Michigan Court Rules
The proposed amendments of MCR 3.605, 3.606, 3.928, 3.944, 3.956, 6.001, 6.425, 6.445, 6.610, and 6.933 were submitted by the Michigan State Planning Body for the Delivery of Legal Services to the Poor. The proposed rule revisions are intended to provide clarity and guidance to courts regarding what courts would be required to do before incarcerating a defendant for failure to pay.
Position: Support

HB 4766 Courts; other; teen court; authorize. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by amending div. heading & adding ch. 12A.
Position: Support the concept of establishing a teen court, but express concern over the creation of and participation in the jury pool, as well as the funding for the system.

M Crim JI 7.11—Legal Insanity; Mental Illness; Intellectual Disability; Burden of Proof
The Committee proposes a complete re-draft of the insanity instruction, M Crim JI 7.11, in order to remove repetitive language and to eliminate language that unfairly over-emphasized a defendant’s burden of proving insanity. The current version of the instruction is presented in strikethrough since it will be deleted if the new instruction is adopted. The proposed instruction is entirely underlined since much of its language and organization is new.
Position: Support

M Crim JI 12.2 and 12.5—Unlawful Delivery of a Controlled Substance; Unlawful Possession of a Controlled Substance
The Committee proposes amended instructions where a defendant has been charged with delivery or possession of controlled substances under MCL 333.7401 and MCL 333.7403: M Crim JI 12.2 and 12.5, respectively. Language was eliminated that suggested that the prosecutor had to prove that the defendant knew that he or she delivered or possessed the specific controlled substance that he or she actually delivered or possessed. Further, the instructions were reformed to eliminate repetitive language. Deletions are in strikethrough; additions are underlined.
Position: Support

Links of Interest

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