September 25, 2017
Volume 15, Issue 37
In the Capitol
9/26 House Law & Justice, 9:00 a.m. MORE
HB 4585 Prohibit public office and officers and provide penalties for targeting a victim based on his or her actual or perceived employment criteria;
HB 4590 Expand protected individuals against intimidation or hate crimes to include law enforcement officers, firefighters, and emergency medical services personnel;
HB 4591 Enact guidelines for crime of targeting law enforcement officer or emergency medical personnel as victim;
HB 4606 Repeal provision related to transportation or possession of usable marihuana;
HB 4751 Clarify enforceability of prenuptial agreements.
Family Law Section Position: Oppose with Recommended Amendments.
9/26 House Judiciary, 12:00 p.m. MORE
HB 4756 Revise abstract of court record for certain violations of the minor in possession of alcohol statute;
HB 4410 Allow decedent to exclude adult child by written instrument;
Elder Law & Disability Rights Section Position: Support with Recommended Amendments.
Probate & Estate Planning Section Position: Support the Position Adopted by the Council on September 10, 2016 Related to HB 5638.
HB 4876 Modify certain requirements to obtain a license to possess a pistol;
HB 4821 Require appointment of the state or county public administrator as personal representative of a decedent's estate in a formal proceeding, and modify powers and duties of public administrators acting as personal representatives;
HB 4822 Require appointment of the state or county public administrator as personal representative of a decedent's estate in a formal proceeding, and modify powers and duties of public administrators acting as personal representatives.
9/27 Senate Judiciary, 9:00 a.m. MORE
SB 463 Regulate advertising of marihuana;
SB 525 Modify reorganization of courts and number of judgeships;
SB 123 Establish requirement for operator of a motor vehicle to maintain a 5-foot distance when passing a bicyclist on the left;
SB 170 Establish requirement for operator of a motor vehicle to maintain a 5-foot distance when passing a bicyclist on the right;
SB 124 Require training component for drivers regarding safety for bicyclists and other vulnerable roadway users on the road;
SB 330 Expand crime of operation of vehicle causing death while holding a suspended or revoked license or registration to include individuals whose licenses or registrations were suspended or revoked by other states;
SB 580 Enact sentencing guidelines for crime of using wireless 2-way communication device while driving causing death;
SB 581 Expand prohibition on texting while driving, and include penalties.
9/28 Senate Oversight, 8:30 a.m. MORE
SB 529 Establish reimbursement procedures for appeal of determination in child care fund act.
Complete Committee Meeting List
Legislative Action Last Week:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.
Substitute H-1 for HB 4463 (Revised Judicature Act of 1961, Allow Members of LLCs and Others with Personal Knowledge to Represent in Certain Situations) was adopted by the House on 9/20.
State Bar of Michigan Position: Oppose
Business Law Section Position: Oppose
Real Property Law Section Position: Oppose
SB 0385 (Occupational Code, Collection Practices) was placed on the order of third reading in the Senate on 9/20.
Consumer Law Section Position: Oppose
Legislation Introduced 9/19–9/21
Last week bills were introduced in the following areas of law:
In the Hall of Justice
The Michigan Supreme Court Will Hear the First Case of the 2017-2018 Term in the Old Supreme Court Courtroom at the Capitol on October 11; Additional Cases to be Heard at the Hall of Justice
Chief Judge of the Little Traverse Bay Bands of Odawa Indians Named by Detroit News as a 2017 “Michiganian of the Year”
Michigan Supreme Court Celebrated Constitution Day September 18
2002-37 – Proposed Rules Related to E-Filing and Electronic Records
The amendments in this proposal are intended to begin moving trial courts toward a statewide uniform e-Filing process. The rules are required to be in place to enable SCAO’s e-Filing vendor to begin programming the statewide solution. In addition, the proposal would move existing language into MCR 1.109 as a way to, for the first time, include most filing requirements in one single rule, instead of scattered in various rules. The proposal largely mirrors the administrative orders that most e-Filing pilot projects have operated under, but contains some significant new provisions. For example, courts would be required to maintain documents in an electronic document management system, and the electronic record would be the official court record.
2015-15 – Amendment of MCR 6.425
The amendments of MCR 7.211 allow motions to withdraw for frivolous appeal in cases that proceed by leave to be heard in the Court of Appeals. This alternative to the proposal published for comment was recommended to the Court by the Michigan Appellate Assigned Counsel System, and supported by the Court of Appeals.
2016-35 – Proposed Addition of MCR 6.008
The addition of Rule 6.008 establishes procedures for a circuit court to follow if a defendant bound over to circuit court on a felony either pleads guilty to, or is convicted of, a misdemeanor in circuit court. Remand to district court would remain a possibility in certain limited circumstances, including where the evidence is insufficient to support the bindover, People v Miklovich, 375 Mich 536, 539; 134 NW2d 720 (1965); People v Salazar, 124 Mich App 249, 251-252; 333 NW2d 567 (1983), or where there was a defect in the waiver of the right to a preliminary examination, People v Reedy, 151 Mich App 143, 147; 390 NW2d 215 (1986); People v Skowronek, 57 Mich App 110, 113; 226 NW2d 74 (1975), or where the prosecutor adds a new charge on which the defendant did not have a preliminary examination, People v Bercheny, 387 Mich 431, 434; 196 NW2d 767 (1972), adopting the opinion in People v Davis, 29 Mich App 443, 463; 185 NW2d 609 (1971), aff’d People v Bercheny, 387 Mich 431 (1972). See also MCR 6.110(H).
2016-41 – Proposed Amendments of MRPC 1.0, 1.2, 4.2 and 4.3, and MCR 2.107, 2.117, and 6.001
The amendments of Rules 1.0, 1.2, 4.2, and 4.3 of the Michigan Rules of Professional Conduct and Rules 2.107, 2.117, and 6.001 of the Michigan Court
Rules were submitted to the Court by the State Bar of Michigan Representative Assembly. The rules are intended to provide guidance for attorneys and clients who would prefer to engage in a limited scope representation. The rules allow for such an agreement “preferably in writing,” and enable an attorney to file a notice of LSR with the court when the representation is undertaken as well as a termination notice when the representation has ended. The rules also explicitly allow attorneys to provide document preparation services for a self-represented litigant without having to file an appearance with the court.
2014-29 – Proposed Alternative Amendments of MCR 2.602
The proposed amendments of MCR 2.602(B) would provide procedural rules regarding entry of consent judgments. Alternative A was submitted by the Representative Assembly of the State Bar of Michigan and was previously published for comment. Alternative B was developed by the Michigan District Judges Association and the Michigan Creditors Bar Association as an alternative to the published version.
Comment Period Expiration: 1/1/18
2017-01 – Appointment to the State Bar of Michigan Board of Commissioners
On order of the Court, pursuant to State Bar Rule 5, Section 2, Joseph J. Baumann is appointed commissioner-at-large of the State Bar of Michigan Board of Commissioners to serve a three-year term commencing on adjournment of the 2017 annual meeting of the outgoing board of commissioners.
Effective: Upon adjournment of the meeting of the outgoing Board of Commissioners
2017-01 – Appointments to the Attorney Grievance Commission
On order of the Court, pursuant to MCR 9.108, Cheryl A. Bush and Thomas G. Kienbaum are appointed as attorney members of the Attorney Grievance Commission with terms ending October 1, 2020. James Webb is appointed as a layperson member of the Attorney Grievance Commission with a term ending October 1, 2020.
Victor Fitz is appointed as chairperson of the board and Valerie White is appointed vice-chairperson of the board for terms ending October 1, 2018.
2017-01 – Appointments to the Attorney Discipline Board
On order of the Court, pursuant to MCR 9.110, James A. Fink and John W. Inhulsen are reappointed as attorney members of the Attorney Discipline Board for terms ending October 1, 2020. Dr. Linda Hotchkiss is appointed as a layperson member of the board for a term ending October 1, 2020.
Louann Van Der Wiele is reappointed chairperson of the board and Michael Murray is reappointed vice-chairperson of the board for terms ending October 1, 2018.
2017-01 – Appointment of Chief Judge in 7th Probate District Court (Charlevoix and Emmet Counties)
On order of the Court, effective immediately, the Honorable Valerie K. Snyder is appointed chief judge of the 7th Probate District Court (Charlevoix and Emmet Counties) for a term ending December 31, 2017.
2004-04 – Proposed Adoption of Concurrent Jurisdiction Plan for 19th Circuit Court, 85th District Court, and Benzie and Manistee County Probate Courts
At the Bar
September 27 Board of Commissioners Public Policy Agenda
The Public Policy Committee will be meeting on Wednesday, September 27, 2017 to make recommendations for the full Board of Commissioners on public policy items. The agenda is posted 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 September 27 meeting will be shared with the Board.
September 28 Representative Assembly Agenda
The Representative Assembly will be meeting on Thursday, September 28, 2017. The agenda is posted online. Members of the State Bar are invited to submit comments to Assembly on any of the items on the agenda. All comments received before September 27 will be shared with the Assembly.
Links of Interest
SBM Public Policy Resource Center
Michigan Supreme Court
MCL Search Engines