Public Policy Update from the State Bar of Michigan
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February 27, 2017
Volume 15, Issue 9

In the Capitol

2/28 Senate Appropriations: Judiciary, 8:30 a.m. MORE
Agenda:
FY 2017-18 budget presentation by Justice Robert Young, Jr.

2/28 House Appropriations: General Government, 9:00 a.m. MORE
Agenda:
Testimony on the FY 2017-18 Executive Budget Recommendations for General Government:
Department of State;
Department of Civil Rights;
Legislative Auditor General.

2/28 House Law and Justice, 9:00 a.m. MORE
Agenda:
HB 4063 Prohibit aiming a beam of directed energy from a directed energy device at or into path of aircraft, and provide penalty;
HB 4064 Enact sentencing guidelines; sentencing guidelines for crime of aiming beam of directed energy from a directed energy device at aircraft or into path of aircraft;
HB 4118 Enact sentencing guidelines for crime of prisoner in holding cell, jail, or correctional facility throwing bodily material on certain individuals;
HB 4119 Prohibit detainee or prisoner in holding cell, jail, or correctional facility throwing bodily material on certain individuals, and provide a penalty;
HB 4190 Allow under certain circumstances admissibility of prior acts of sexual crimes.

2/28 House Judiciary, 12:00 p.m. MORE
Agenda:
HB 4203 Allow secretary of state sharing of photographs taken for official state personal identification card with the department of state police;
HB 4204 Allow access to driver license photograph of concealed weapons license holders by department of state police;
SB 38 Allow and establish procedure for fingerprinting and photographing of individual with special health care needs taken and submitted to the automated fingerprint identification system (AFIS) and the statewide network of agency photos upon request of parent or guardian;
HB 4137 Allow fingerprinting and photographing of child or youth with special health care needs taken and submitted to the automated fingerprint identification system (AFIS) and the statewide network of agency photos upon request of parent or guardian;
SB 39 Revise exceptions to definition of surviving spouse in relation to a funeral representative.

3/1 House Appropriations: Corrections, 10:30 a.m. MORE
Agenda:
Presentation by the Department of Corrections on Education and Vocational Programs for Prisoners.

3/1 House Appropriations: Judiciary, 12:00 p.m. MORE
Agenda:
Overview of the Judiciary Budget and FY 2017-18 Budget Request by Justice Robert P. Young, Jr., Michigan Supreme Court;
Overview of the Court of Appeals Budget and FY 2017-18 Budget Request by Chief Judge Michael J. Talbot, Michigan Court of Appeals.

3/1 House Michigan Competitiveness, 12:00 p.m. MORE
Agenda Item of Interest:
SB 50 Establish county jail bed savings program.
Prisons & Corrections Section Position: Oppose.

3/1 Senate Families, Seniors and Human Services, 3:00 p.m. MORE
Agenda Item of Interest:
SB 106 Modify jurisdiction of court regarding truancy and chronic absenteeism.

3/1 Senate Appropriations: Corrections, 3:30 p.m. MORE
Agenda:
Russ Marlan, Deputy Director, Field Operations Administration and Kyle Kaminski, Legislative Liaison for the Michigan Department of Corrections to discuss the proposed Westside Residential Alternative to Prison program.

3/2 Senate Appropriations: Licensing & Regulatory Affairs, 2:00 p.m. MORE
Agenda:
Presentation and discussion on the Governor's Recommendation for the FY 2017-18 LARA budget.

Complete Committee Meeting List

In the Hall of Justice

Oral Arguments to be Heard March 8 and 9, 2017

Justice McCormack Commends New Graduates of Livingston County Veterans Treatment Court for Their 'Courage and Sacrifices'

Legislation Introduced 2/21–2/23
Last week bills were introduced in the following areas of law:

At the Bar

The Board of Commissioners Executive Committee met on Tuesday, February 21, 2017 at which time the following public policy positions were taken by the State Bar.

ADM File No. 2016-40 – Proposed Amendment of MCR 2.625 and 3.101
The proposed amendments, submitted by the Michigan Creditor's Bar Association, would address recent amendments of MCL 600.4012, would clarify the authority and process for recovering postjudgment costs, and would provide clearer procedure for garnishment proceedings.
SBM Position: Support proposed amendments to MCR 2.625(E), 3.101(B)(1)(a)(i), 3.101(B)(1)(c), 3.101(G)(2), 3.101(I)(3), 3.101(I)(5), 3.101(J)(2), 3.101(J)(6), 3.101(K)(1), 3.101(K)(2)(g), as these amendments effectuate the language set forth in MCL 600.4012, and oppose MCR 2.625(F), 2.625(K), 3.101(D)(2), 3.101(J)(6)(e), 3.101(R)(2) as these amendments create or change parties' substantive rights or reduce the amount of information required to be provided to garnishees.

ADM File No. 2015-22 – Proposed Amendments of MCR 3.203 and MCR 3.208
The proposed amendment of MCR 3.203 would allow the friend of the court to use automated databases such as the United States Postal Services' National Change of Address database to identify outdated addresses and update them to correct addresses. The proposed amendments would allow a party or a party's attorney to agree to receive notices and other court papers from the friend of the court electronically. The proposed amendments would move the requirement to provide notices to attorneys of record from MCR 3.208.
SBM Position: Support the proposed amendments subject to the following amendments to MCR 3.203:

  1. Remove all references to text messaging.
  2. In MCR 3.203(A)(3)(g), change "sent after 4:30 p.m." to "after the close of business day."
  3. In MCR 3.203(A)(3)(j), change "the conclusion of the case" to "a judgment or final order is entered and all appeals have been completed."

ADM File No. 2016-11 – Proposed Amendments 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 FOC 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.
SBM Position: Support.

ADM File No. 2016-33 – Proposed Amendments of MCR 3.216
The proposed amendments of MCR 3.216 would update the rule to be consistent with 2016 PA 93, which allows a court to order mediation if a protected party requests it and requires a mediator to screen for the presence of domestic violence throughout the process.
SBM Position: Support the proposed amendments with the following amendments: 

  1. Revise MCR 3.216 as follows in bold: 

Unless a court first conducts a hearing to determine whether mediation is appropriate, the court shall not submit a contested issue in a domestic relations action, including postjudgment proceedings, if the Pparties who are subject to a personal protection order or other protective order, or who are involved in a child abuse and neglect proceeding, may not be referred to mediation without a hearing to determine whether mediation is appropriate. The court may order mediation following a hearing if a protected party requests mediation.

  1. Revise MCR 3.216(H)(2) as follows in bold: 

The mediator must make reasonable inquiry as to whether either party has a history of a coercive or violent relationship with the other party. Throughout the mediation process, the mediator must make reasonable efforts to screen for the presence of coercion or violence that would make mediation physically or emotionally unsafe for any participant or that would impede achieving a voluntary and safe resolution of issues. A reasonable inquiry includes the use of the domestic violence screening protocol for mediation provided by the State Court Administrator Office as directed by the Supreme Court.
ADM File No. 2016-39 – Proposed Amendment of MCR 3.903, 3.932, and 3.936
The proposed amendments of MCR 3.903, 3.932, and 3.936 are intended to clarify the procedures used for consent calendar proceedings in juvenile delinquency cases, consistent with the recent enactment of 2016 PA 185.
SBM Position: Support.

ADM File No. 2016-32 – Proposed Amendments of MCR 5.801, 5.802, 7.102, 7.103, 7.108, 7.109, 7.202, 7.203, 7.205, 7.208, 7.209, 7.210, 7.212, and 7.213
The proposed amendments of Rules 5.801, 5.802, 7.102, 7.103, 7.108, 7.109, 7.202, 7.203, 7.205, 7.208, 7.209, 7.210, 7.212, and 7.213 of the Michigan Court Rules would require all appeals from probate court to be heard in the Court of Appeals, instead of the bifurcated system that previously required some probate appeals to be heard in the Court of Appeals and some to be heard in the local circuit court. The proposal also would establish priority status for appeals in guardianship and mental illness cases, similar to child custody cases.
SBM Position: Support the proposed amendments subject to the following amendments: 

  1. MCR 5.801:  Delete subsection (A)(1), add reference to MCR 5.101(C) to paragraph (A), revise definition of "final orders" in paragraph (A) to remove reference to MCR 7.202(6)(a) to avoid circularity, and delete "as may be hereafter" in subsection (A)(35);
  2. MCR 7.202(6)(a):  Add subparagraph stating that anything designated as a "final order" in MCR 5.801(A) is a "final order" in a civil case, which would render proposed subparagraphs (a)(vi) and (a)(vii) unnecessary;
  3. MCR 7.202(6)(a)(vi):  Delete as unnecessary, or, alternatively, combine proposed subsection (6)(a) (vi) with existing (6)(i) to avoid duplication.
  4. MCR 7.202(6)(a)(vii):  Delete as unnecessary and confusing, or, alternatively, change "as defined in MCR 5.801(B)" to "as described in MCR 5.801(A);"
  5. MCR 7.212(A)(1)(a)(i) and 7.212(A)(2)(a)(i):  Change proposed language as follows:  "adult or minor guardianship or conservatorship case under the Estates and Protected Individuals Act Code, guardianship of the person or estate case under the Mental Health Code, mental illness involuntary mental health treatment cases under the Mental Health Code . . ."
  6. MCR 7.213(C)(2): Change proposed language as follows:  "guardianship cases under the Estates and Protected Individuals Act Code and under the Mental Health Code, conservatorship cases under the Estates and Protected Individuals Code, and mental illness involuntary mental health treatment cases under the Mental Health Code."

ADM File No. 2016-29 – Proposed Amendments of MCR 7.121
The proposed amendment of MCR 7.121 would update the court rules to incorporate statutory changes enacted in 2015 PA 3 and 207.
SBM Position: Support.

ADM File No. 2015-18 – Proposed Amendment of MCR 9.108
The proposed amendment of MCR 9.108 would clarify that the Court has the authority to enjoin an attorney from practicing law.
SBM Position: Support.

Receiving an Award Benefits You and Your Firm

Judicial Vacancy— 91st District/Chippewa County Probate Courts

Michigan Police Agencies Adopt Evidence-Based Eyewitness ID Rules


Links of Interest

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