Public Policy Update from the State Bar of Michigan
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May 31, 2016
Volume 14, Issue 22

In the Capitol

New Public Acts

Committee Meetings of Interest Next Week—Complete List

    5/31 Senate Michigan Competitiveness, 8:30 a.m. More
    Agenda:
    SB 932 Create parole sanctions certainty act;
    SB 936 Require use of evidence-based supervision practices;
    SB 938 Create program for the management and collection of data related to criminal justice statistics;
    SB 939 Require department to provide quarterly report providing reasons inmates beyond their earliest release date have not been paroled;
    SB 942 Allocate crime victims fund into child assessment centers. Amens sec. 4 of 1989 PA 196 (MCL 780.904);
    SB 943 Require department of corrections to report parole absconders to department of health and human services;
    SB 944 Require services or financial assistance provided to individual who absconds from parole to be discontinued;
    SB 945 Require housing of 17- to 22-year-old inmates to be housed with other 17- to 22-year-old inmates in the same facilities;
    SB 946 Create work opportunity employer reimbursement program;
    SB 974 Provide definition of recidivism for in the community corrections act;
    SB 975 Provide definition of recidivism for in the code of criminal procedure.

    6/1 Criminal Justice Policy Commission, 9:00 a.m. More

    6/1 Conference Committee on HB 5272, 9:30 a.m. More
    Agenda:
    Members:
    Rep. Dave Pagel,Rep. Chris Afendoulis,Rep. Jeff Irwin,Sen. John Proos,Sen. Marty Knollenberg,Sen. Vincent Gregory
    HB 5272 Department of Corrections fiscal year 2016-2017.

Legislation Introduced

Of Interest to the Legal Community

  • HB 5704 Probate; wills and estates; exempt property; allow decedent to exclude child by will. Amends sec. 2404 of 1998 PA 386 (MCL 700.2404).
  • SB 0982 Law; uniform or model acts; uniform fraudulent transfer act; update to uniform voidable transactions act. Amends title & secs. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 & 13 of 1998 PA 434 (MCL 566.31 et seq.) & adds secs. 14 & 15.

Of General Interest

  • HB 5692 Criminal procedure; bail; detention and denial of bail after certain convictions but before sentencing; expand to include child abuse. Amends sec. 9a, ch. X of 1927 PA 175 (MCL 770.9a).
  • HB 5693 Education; discipline; requirement for mandatory expulsion for certain criminal offenses; modify. Amends sec. 1311 of 1976 PA 451 (MCL 380.1311).
  • HB 5694 Education; discipline; requirement for mandatory expulsion for assault on another pupil; modify. Amends sec. 1310 of 1976 PA 451 (MCL 380.1310).
  • HB 5695 Education; discipline; requirement for mandatory expulsion for assault against school personnel; modify. Amends sec. 1311a of 1976 PA 451 (MCL 380.1311a).

In the Hall of Justice

Judge Alexander Lipsey Appointed to Kalamazoo County Business Court

Court Rule Amendments Adopted Regarding Ability to Pay

New Members Appointed to Michigan’s Foster Care Review Boards

Rule Amendments

  • 2014-27—Amendment of MCR 2.305
    The amendment of MCR 2.305 clarifies that subpoenas requesting the production of documents shall be issued only after defendant has had reasonable time after the complaint is filed and served to obtain an attorney, as described in MCR 2.306(A)(1).
    Issued: 5/25/16
    Effective: 9/1/16
  • 2014-04—Amendments of MCR 2.306
    The amendments of MCR 2.306(C)(5) and (C)(5)(b) replace references to the word “conferring” or “confer” with “communicating” or “communicate.” The amendment of MCR 2.306(C)(5)(c) clarifies that the term “communicate” includes electronic transmission by text message, email or other electronic manner.
    Issued: 5/25/16
    Effective: 9/1/16
  • 2015-12—Amendments of MCR 3.605, 3.606, 3.928, 3.944, 3.956, 6.001, 6.425, 6.445, 6.610, and 6.933
    The 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 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.
    Issued: 5/25/16
    Effective: 9/1/16
  • 2016-06—Amendments of MCR 3.925, 8.119, and 8.302 and Adoption of New MCR 5.133
    The amendments of MCR 3.925, 8.119, and 8.302 and the adoption of MCR 5.133 are an expected progression in the development of policies and procedures that standardize management of court records and provide a uniform basis for developing parameters on the use of technology in creating, accessing, routing, maintaining, and disposing of court records. These particular amendments will assist in implementing the goals of 2013 PA 199 and 201 and improving the policies and procedures adopted by the Court in 2012 under Administrative File No. 2006-47.
    Issued: 5/25/16
    Effective: 1/1/17
  • 2015-05—Amendment of MCR 3.979
    The amendment of MCR 3.979 requires a court to maintain jurisdiction over a juvenile guardianship for 120 days after the juvenile’s 18th birthday in cases where DHHS is making an eligibility determination for extended guardianship assistance. The revisions of MCR 3.979 also reflect recent amendments of the Young Adult Voluntary Foster Care Act (MCL 400.669) and the Juvenile Code (MCL 712A.2a).
    Issued: 5/25/16
    Effective: 9/1/16
  • 2014-17—Amendments of MCR 7.306
    The amendments of MCR 7.306 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 amendments also require the party filing for superintending control to serve copies of the complaint and brief on the respondent and allow 21 days for respondent attorney to submit a brief, with copies to be served on the plaintiff and defendant.
    Issued: 5/25/16
    Effective: 9/1/16
  • 2015-17—Amendments of Administrative Order No. 2013-12
    The revisions of Administrative Order No. 2013-12 adjust the time guidelines in probate courts by applying disposition rates to cases filed in estate, trust, guardianship, and conservatorship proceedings instead of applying rates to only “contested matters” in those types of proceedings. The revisions also separate the guidelines for guardianship and conservatorship proceedings from other estate matters, and group them with protective order proceedings, and group trust proceedings with civil proceedings instead of the former grouping of trusts with proceedings for estates.
    Issued: 5/25/16
    Effective: 9/1/16
  • 2014-10—Amendment of Administrative Order No. 2015-4
    Issued: 5/25/16
    Effective: Immediately
  • 2015-23—Amendment of BLE Rule 6
    The amendment of BLE Rule 6 increases the fees for application for the bar examination from $340 to $400, reexamination from $240 to $300, application for recertification from $200 to $300, and application for admission without examination from $600 to $800. Issued: 5/25/16
    Effective: 8/1/16

Other Actions

At the Bar

June 10 Board of Commissioners Public Policy Agenda
The Public Policy, Image, and Identity Committee will be meeting on Friday, June 10, 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 June 10 meeting will be shared with the Board.

2016 Elections

Good Endings Make Good Beginnings

Links of Interest

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