Public Policy Update from the State Bar of Michigan
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June 26, 2017
Volume 15, Issue 26

Due to the 4th of July holiday, we will not be sending out a Public Policy Update next week. The Update will resume on Monday, July 10.

In the Capitol

The House of Representatives and Senate have adjourned for summer break. Tentative session days have been scheduled for July 12th in both chambers.
House Schedule
Senate Schedule

Committee Meeting for the week of July 3:
7/5 Criminal Justice Policy Commission, 9:00 a.m. MORE

Legislative Action Last Week:
Summary of legislative action on bills potentially of interest to the State Bar, including bills in which either the State Bar or one its sections has taken a position.

HB 4213 (Michigan Liquor Control Code of 1998, Obtaining Court Order Before Nonconsensual Preliminary Chemical Breath Testing of a Minor) passed the Senate 37 to 0 on June 22.

HB 4298 (Child Protection Law, Electronic Video Recording of Child Interrogations in Child Protection Cases) was reported out of House Judiciary with substitute H-1 on June 20.
Children's Law Section Position on HB 4298: Support.

HB 4299 (Revised Judicature Act of 1961, Consideration of Videorecorded Statements in Certain Proceedings) was reported out of House Judiciary with substitute H-1 on June 20.
Children's Law Section Position on HB 4299: Support.

HB 4300 (Probate Code of 1939, Videorecorded Statements) was reported out of House Judiciary with substitute H-1 on June 20.
Children's Law Section Position on HB 4300: Support.

HB 4323 (A Bill To Make, Supplement, Adjust, And Consolidate Appropriations For Various State Departments And Agencies) passed the Senate 26 to 11 with 1 not voting on June 22.

HB 4412 (Tax Tribunal Act, Tribunal Procedures) passed the House, 82 to 25 on June 20.
Taxation Section Position on HB 4412: Support.

HB 4575 (Fee for Publication of Legal Notice) passed the Senate 37 to 0 on June 22.

The Senate Substitute S-1 for HB 4613 (A Bill to Create the Trial Court Funding Commission) was concurred in by the House 103 to 4 on June 20.
SBM Position on HB 4613: Support.
Criminal Law Section Position on HB 4613: Support.

HB 4691 (Child Custody Act of 1970, Joint Custody in Every Custody Dispute Between Parents) was reported out of House Judiciary with Substitute H-2 on June 20.
Family Law Section Position on HB 4691: Oppose.

The House amendments of SB 333 (Revised Judicature Act of 1961, Types of Cases Heard by the Business Court) were concurred in by the Senate 37 to 0 on June 22.

Legislation Introduced 6/20–6/22
Last week bills were introduced in the following areas of law:

In the Hall of Justice

Families, Justices & Judges to Celebrate Family Reunification in Lansing

Success Stories in the Courts: How Michigan Business Courts are Driving Change

Rule Amendments
2015-22 – Amendments of MCR 3.203 and 3.208
The amendments of MCR 3.203 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 amendments 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 amendments move the requirement to provide notices to attorneys of record from MCR 3.208.
Issued: 6/21/17
Effective: 9/1/17

2016-32 – Amendments of MCR 5.801, 5.802, 7.102, 7.103, 7.108, 7.109, 7.204, 7.205, 7.208, 7.209, 7.210, 7.212, and 7.213
These amendments conform to recent statutory changes that 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 amendments also establish priority status for appeals in guardianship and involuntary mental health treatment cases, similar to child custody cases.
Issued: 6/21/17
Effective: Immediately

Administrative Orders
2014-24 – Extension of Administrative Order No. 2015-1 (Summary Jury Trial Pilot Project)
Issued: 6/21/17
Effective: Immediately

Proposed Amendments
2015-20 – Proposed Amendment of MCR 8.110 and 8.111
The proposed amendments would explicitly provide that corrective action may be taken by the State Court Administrator, under the Supreme Court's direction, against a judge whose actions raise the question of the propriety of the judge's continued service. Such corrective action may include relieving a judge of the judge's caseload, and reassigning such cases to another judge or judges. The proposed amendments also would provide explicit authority for a chief judge (with approval from the state court administrator) to order a judge to submit to an independent medical examination if there is a good faith doubt as to the judge's fitness that prompted the chief judge's report.
Issued: 6/21/17
Comment Period Expiration: 10/1/17

2017-04 – Proposed Amendment of Code of Judicial Conduct Canon 4(E)(4)(a) and (c)
The proposed amendment would increase the acceptable value for a gift given incident to a public testimonial, and likewise would increase the threshold amount for disclosure of a gift. This proposed increase would be the first revision since the $100 value threshold was adopted in 1974.
Issued: 6/21/17
Comment Period Expiration: 10/1/17

Other Actions
2017-11 – Adoption of LCR 8.115 (Courthouse Decorum in the Third Judicial Circuit)
Issued: 6/21/17
Effective: July 1, 2017


Links of Interest

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