Public Policy Resource Center


 

The Public Policy Resource Center is a member resource and tool designed to provide comprehensive, up-to-date public policy information of interest to the legal profession. The site provides a search function that permits you to view all legislation organized by specialty area as it is introduced, identify the appropriate official to contact to communicate your views, and keep track of the public policy initiatives of the State Bar and its entities.

April 12, 2019
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 pcunningham@michbar.org before 5:00 p.m. on Thursday, April 11.

A.   Court Rules

1. ADM File No. 2002-37: Proposed Amendment of Rule 1.109 of the Michigan Court Rules

The proposed amendment of Rule 1.109 of the Michigan Court Rules is an expected progression necessary for design and implementation of the statewide electronic-filing system. This particular amendment will assist in implementing the goals of the project.

2. ADM File No. 2002-37: Proposed Administrative Order 2019-XX

To ensure that those individuals required to electronically file court documents have meaningful access to Michigan courts, the Michigan Supreme Court adopts this order requiring courts that seek permission to mandate that all litigants e-File to first submit an e-Filing Access Plan for approval by the State Court Administrative Office.

Each plan must conform to the model promulgated by the state court administrator and ensure access to at least one computer workstation per county. The plan shall be submitted to and approved by the State Court Administrative Office as a local administrative order under MCR 8.112. The State Court Administrative Office may revoke approval of an e-Filing Access Plan due to litigant grievances.

3. ADM File No. 2016-46: Special Administrative Inquiry Regarding Questions Relating to Mental Health on the Michigan Bar Examination Application

The Court is considering whether questions regarding mental health should be included on the personal affidavit that is part of the application for the Michigan Bar Examination, and if so, what form those questions should take.

4. ADM File No. 2018-25: Proposed Amendment of Rule 7.312 of the Michigan Court Rules

The proposed amendment of MCR 7.312 would incorporate into the Supreme Court rules the procedure to be followed for cases being argued on the application. These rules have been previously included in orders granting argument on the application. A proposed new subrule (K) would alert parties to the fact that they should argue the merits of the case even for motions being heard on the application.

 

B.  Legislation

1. HB 4296 (Filler) Civil procedure; costs and fees; e-filing fee; extend sunset. Amends sec. 1993 of 1961 PA 236 (MCL 600.1993).

2. SB 0076 (LaSata) Courts; other; certain crime victims; exempt from jury duty and provide that certain individuals are not practicing law in violation of the revised judicature act. Amends secs. 916 & 1307a of 1961 PA 236 (MCL 600.916 & 600.1307a).

Public Policy & the State Bar

Because the State Bar of Michigan is a mandatory bar association, the Bar can only advocate public policy positions that are reasonably related to:

  1. the regulation and discipline of attorneys;

  2. the improvement of the functioning of the courts;

  3. the availability of legal services to society;

  4. the regulation of attorney trust accounts; and

  5. the regulation of the legal profession, including the education, the ethics, the competency, and the integrity of the profession.

Sections of the State Bar that are funded by voluntary dues are not subject to these restrictions, and may engage in ideological activities on their own behalf provided that they follow the policies and procedures in Michigan Supreme Court Administrative Order 2004-01 and in Article VIII of the Bylaws of the State Bar of Michigan.

Administrative Order 2004-01 limits and describes the issues on which the State Bar may take public policy positions, and the process for section and member involvement.

Article VIII of the Bylaws of the State Bar of Michigan governs public policy advocacy by sections and committees of the State Bar.

Member Comments

Submit comments on pending public policy issues.
Members are encouraged to submit comments on pending public policy issues, including proposed court rules and legislation that is eligible to be considered by the Board of Commissioners for action. All comments received from members will be shared with the Board of Commissioners and/or Representative Assembly when they consider that public policy item.

View Member Comments on pending legislation

Submit an Amicus Request

Links of Interest

Searchable Positions Database

The searchable database includes all positions taken by the State Bar and positions reported to the State Bar by its sections and committees. Users are able to search the database by legislative session, bill number, bill sponsor, State Bar positions, section positions, committee positions, or practice area.

Legislation Recently Signed into Public Acts

Sections & Committees

Public Policy Updates

Sign up here to receive the weekly public policy electronic journal.

View past issues