September 26, 2018
Board of Commissioners
Public Policy Items To Be Considered
Members who wish to share comments on any of the items below may do so by filling out a Public Policy Comment form or emailing firstname.lastname@example.org before 5:00 p.m. on Wednesday, September 25.
A. Court Rules
1. ADM File No. 2017-15: Proposed Amendment of Canon 7 of the Michigan Code of Judicial Conduct
The proposed amendment of Canon 7 of the Code of Judicial Conduct would explicitly allow judicial campaign solicitation as permitted by law, eliminate the $100 per lawyer limitation, and remove the disclaimer requirement. This change would bring Michigan’s canons into conformity with the majority of states that have moved away from solicitation restrictions and instead opted to refer to statutory campaign provisions.
B. Model Criminal Jury Instructions
1. M Crim JI 37.1, 37.1a, 37.2, and 37.2a
The Committee proposes new instructions, M Crim JI 37.1, 37.1a, 37.2 and 37.2a for the bribery statutes found at MCL 750.117 through 750.120.
2. M Crim JI 11.1 and 11.1a
The Committee proposes amending M Crim JI 11.1, and adding a new instruction, M Crim JI 11.1a, to separate the distinct offenses found in MCL 750.227: carrying a concealed pistol, and carrying a pistol in a vehicle. The proposal aims to eliminate juror confusion created when the “concealed” language in M Crim JI 11.1 is read where the offense involves carrying a pistol in an automobile. Deletions are in strike-through, and new language is underlined.
3. M Crim JI 12.2a
The Committee proposes amending M Crim JI 12.2a, the instruction for delivery of a controlled substance causing death. The proposal adds causation language to the instruction and eliminates a Use Note to the effect that M Crim JI 16.15 applies to causation under MCL 750.317a, because the statute provides that the controlled substance must cause the death at issue, not the act of the defendant. Deletions are in strike-through, and new language is underlined.
4. M Crim JI 17.9 and 17.10
The Committee proposes amending M Crim JI 17.9, assault with a dangerous weapon, and M Crim JI 17.10, definition of dangerous weapon. The proposal aims to correct the language in paragraph (4) of M Crim JI 17.9 that removed from jury consideration the element whether the object charged as being a dangerous weapon was, in fact, a dangerous weapon as determined by the jury. Language was added to that instruction to define a dangerous weapon for the jury’s consideration. M Crim JI 17.10 was amended to conform to the added definition provided in M Crim JI 17.9. Deletions are in strike-through, and new language is underlined.
5. M Crim JI 3.28
The Committee proposes amending M Crim JI 3.28, the jury verdict form used for multiple counts against a defendant, because the current form fails to provide a general “not guilty” option for each charged count. See People v Wade, 283 Mich App 462 (2009). Deletions are in strike-through, and new language is underlined.