Public Policy Update from the State Bar of Michigan
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December 18, 2017
Volume 15, Issue 49

The State Bar of Michigan will be closed December 22, 2017, through January 1, 2018. The building will reopen on Tuesday, January 2, 2018.

In the Capitol

The House of Representatives and Senate have completed Session for 2017. Both chambers will be in session next on Wednesday, January 10, 2018.

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) passed the House on 12/6 109 to 1.

HB 4538 (An Act to Create and Maintain a Fingerprint Identification and Criminal History Records Division within the Department of State Police) passed the House on 12/6 109 to 1.

Legislation Introduced 12/12–12/13
Last week bills were introduced in the following areas of law:

In the Hall of Justice

Supreme Court Seeking Summer Communication and Digital Media Interns

2017 Year in Review: Increased Efficiency, Better Access, and Improved Service to the Public are Highlights

Mississippi Child Welfare Delegation Visits to Learn from Michigan Experts

Supreme Court Releases Revised Opinion Manual

Proposed Amendments
2016-08: Proposed Amendment of MCR 6.610
The proposed amendment of MCR 6.610 would eliminate an arguable conflict between MCR 6.610(E)(4) and MCR 6.610(E)(7).
Issued: 12/13/17
Comment Period Expiration: 4/1/18

2016-30: Proposed Amendments of MCR 9.112 and 9.131
The proposed amendments of MCR 9.112 and MCR 9.131 would provide that spouses of AGC or ADB members or employees would be subject to the same procedure for review of allegations of misconduct as the Board or Commission member or employee. This change would comport with recent Supreme Court practice. These proposed amendments are intended to address any perceived conflict of interest that may exist if the procedures in MCR 9.112 were to be used to review a request for investigation of the spouse of a member or employee of the Attorney Grievance Commission or Attorney Discipline Board.
Issued: 12/13/17
Comment Period Expiration: 4/1/18

2016-31: Alternative Proposed Amendments of MRPC 1.16
These alternative proposed amendments of MRPC 1.16(b) are intended to address the possibility of an involuntary plea as the result of an attorney’s threat to withdraw as counsel for a criminal client if that client does not accept a previously offered plea (under Alternative A) or more broadly if a lawyer seeks to withdraw because the lawyer considers the client’s objective repugnant or imprudent. Under the proposed amendments, the attorney would be required to advise the client that the attorney may not withdraw without permission of the court. Under Alternative A, the requirement would apply only where the client refuses to accept a previously-offered plea agreement; under Alternative B, the requirement would apply in any criminal case in which the lawyer intends to withdraw under MRPC 1.16(b)(3). These proposed amendments arose during the Court’s consideration of People v Townsend, docket 153153.
Issued: 12/13/17
Comment Period Expiration: 4/1/18

2016-45: Proposed Amendment of MCR 9.211
The proposed amendment of MCR 9.122 would establish a 56-day time period within which a grievant may file a complaint in the Supreme Court after the Attorney Grievance Commission (AGC) has dismissed a request for investigation.
Issued: 12/13/17
Comment Period Expiration: 4/1/18

Appointments
2017-01: Appointments to the Committee on Model Civil Jury Instructions
Issued: 12/13/17
Effective: January 1, 2018

2017-01: Appointments to the Committee on Model Criminal Jury Instructions
Issued: 12/13/17
Effective: January 1, 2018

2017-01: Appointments to the Foreign Language Board of Review
Issued: 12/13/17
Effective: January 1, 2018


Links of Interest

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