Public Policy Update from the State Bar of Michigan
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October 23, 2017
Volume 15, Issue 41

In the Capitol

10/24 House Law & Justice, 9:00 a.m. MORE
Agenda:
HB 4486 Modify penalties for third degree and fourth degree child abuse;
HB 4487 Modify sentencing guidelines for crimes of third degree and fourth degree child abuse;
HB 4752 Revise fee ratio and reporting requirement, and remove sunset;
HB 5073 Revise procedures for mediation and case evaluation of civil actions;
HB 5144 Revise requirements for obtaining a state operating license, and provide for other general amendments.

10/24 House Judiciary, 12:00 p.m. MORE
Agenda:
HB 4470 Clarify that appointment of receiver does not constitute an action under the one act rule, and clarify that statute of limitations under other act does not conflict with the revised judicature act;
HB 4471 Enact uniform commercial real estate receivership act;
HB 4218 Modify qualifications for direct care worker of a juvenile court-operated residential care facility;
HB 5121 Create children's assurance of quality foster care policy;
HB 5122 Create specific policy for foster children;
HB 5123 Require the department of human services to provide to foster children information regarding the foster children's assurance of quality foster care policy;
HB 4666 Amend provisions relating to service of process;
SBM Position on HB 4666: Oppose.
HB 4670 Enact guidelines for false declaration in a proof of service.

10/25 House Appropriations: Corrections, 10:30 a.m. MORE
Agenda:
Presentation by Former Inmate(s).

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.
HB 4536 (The Code of Criminal Procedure, Expunction of All Information In Arrest Record) and HB 4538 (An Act to Create and Maintain a Fingerprint Identification and Criminal History Records Division) were reported out of the House Committee on Law & Justice without amendment on 10/17.

SB 385 (Occupational Code, Collection Practices) passed the Senate unanimously on 10/19.
SBM Position on SB 385: Opposed as introduced; Support the S-1 substitute as passed the Senate because it addressed concerns with the unlicensed practice of law.
Consumer Law Section Position on SB 385: Oppose.

SB 435 (Revised Judicature Act of 1961, Certification of Drug Treatment Courts by SCAO) was reported out of House Committee on Law & Justice with Substitute H-1 on 10/17.
SBM Position on SB 435: Support.
Criminal Law Section Position on SB 435: Support.

SB 436 (Michigan Vehicle Code, Certification of DWI/Sobriety Court by SCAO) was reported out of House Committee on Law & Justice without amendment on 10/17.
SBM Position on SB 436: Support.
Criminal Law Section Position on SB 436: Support.

SB 437 (Revised Judicature Act of 1961, Certification of Mental Health Courts by SCAO) was reported out of House Committee on Law & Justice without amendment on 10/17.
SBM Position on SB 437: Support.
Criminal Law Section Position on SB 437: Support.

SB 438 (Revised Judicature Act of 1961, Certification of Veterans Courts by SCAO) was reported out of House Committee on Law & Justice without amendment on 10/17.
SBM Position on SB 438: Support.
Criminal Law Section Position on SB 438: Support.

SB 525 (Revised Judicature Act of 1961, Reorganization of Courts & Number of Judgeships) was reported out of Senate Judiciary with amendments on 10/19.

Legislation Introduced 10/17–10/19
Last week bills were introduced in the following areas of law:

In the Hall of Justice

Proposed Amendments
2015-26: Proposed Addition of MCR 3.808
The proposed addition of Rule 3.808 is consistent with ยง 56 of the Michigan Adoption Code, MCL 710.56. This new rule arises out of In re JK, 468 Mich 202 (2003), and In re Jackson, 498 Mich 943 (2015), which involved cases where a final order of adoption was entered despite pending appellate proceedings involving the adoptee children. Although the Michigan Court of Appeals has adopted a policy to suppress in its register of actions and online case search tool the names of children (and parents) who are the subject of appeals from proceedings involving the termination of parental rights, this information remains open to the public. Therefore, in order to make the determination required of this new rule, a trial court may contact the clerk of the Michigan Court of Appeals, the Michigan Supreme Court, or any other court where proceedings may be pending.
Issued: 10/17/17
Comment Period Expiration: 2/1/18

2016-13: Proposed Addition of MCR 3.810
The proposed new rule would require a court to provide an indigent putative father whose rights are terminated under the Adoption Code with transcripts for the purposes of appeal, similar to the requirement in MCR 3.977(J) for putative fathers whose rights are terminated under the Juvenile Code.
Issued: 10/17/17
Comment Period Expiration: 2/1/18

2016-25: Proposed Amendment of MCR 7.212
The proposed amendment of MCR 7.212 was submitted by the Court of Appeals. Proposed amendments of MCR 7.212 would require an appellant to file an appendix with specific documents within 14 days after filing the appellant’s principal brief. The proposal is intended to identify for practitioners the key portions of the record that the Court deems necessary for thorough and efficient review of the issues on appeal.
Issued: 10/17/17
Comment Period Expiration: 2/1/18

2017-08: Proposed Amendment of MCR 3.977 and MCR 6.425
The proposed amendments of MCR 3.977(J) and MCR 6.425(G) were submitted by the Court of Appeals. The proposed amendments would require the production of the complete transcript in criminal appeals and appeals from termination of parental rights proceedings when counsel is appointed by the court. The proposed amendments would codify existing practice in many courts, and the Court of Appeals believes they would promote proper consideration of appeal issues and eliminate unnecessary delays to the appellate process.
Issued: 10/17/17
Comment Period Expiration: 2/1/18

2017-18: Proposed Amendment of MCR 3.903
The proposed amendment of MCR 3.903 would make juvenile guardianship information public. This change would resolve the conflict between the child protective proceeding social file (which is considered nonpublic) and the juvenile guardianship file (which is public) and would make the rule consistent with current court practices.
Issued: 10/17/17
Comment Period Expiration: 2/1/18

2017-19: Proposed Amendment of MCR 2.410 and 2.411 and Proposed Addition of MCR 3.970
The proposed amendments of MCR 2.410 and MCR 2.411 and adoption of the new MCR 3.970 would provide explicit authority for judges to order mediation in child protection proceedings.
Issued: 10/17/17
Comment Period Expiration: 2/1/18

At the Bar

Comprehensible Writing for Your Clients

Limited-Scope Representation Rules Adopted by Michigan Supreme Court

2017 Bar Admission Information & Ceremonies

Civil Discovery Court Rule Review Committee Seeks Members' Input on Draft Proposal
For over a year, the State Bar of Michigan’s Civil Discovery Court Rule Review Special Committee, with the help of five subcommittees, has engaged in a detailed review of the civil discovery court rules in Michigan to evaluate ways to improve them. With a broad cross-section of lawyers, judges, and court administrators from across the state, the Committee has produced a draft report and set of proposed rules changes. Taken as a whole, this is an attempt to modernize our court rules, adopt best practices from other jurisdictions, and to improve the efficiency of the judicial system and access to justice by making discovery less onerous, more efficient and more targeted.
The Committee is seeking on this draft proposal from stakeholder groups and bar members to ensure that these proposed rules make effective improvements to efficiency in the discovery process and make our courts more accessible to all.

The draft proposal is available here.

Please e-mail your comments to civildiscovery@michbar.org by December 1, 2017.

The Committee will consider the feedback that it receives to revise its proposal; the Committee plans to submit the revised proposal to the Representative Assembly for consideration at its April 2018 meeting. Thank you in advance for your feedback.


Links of Interest

SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
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