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.

November 16, 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 pcunningham@michbar.org before 5:00 p.m. on Thursday, November 15.

A.   Court Rules

1. ADM File No. 2016-27: Proposed Amendment of MRPC 7.2

The proposed amendment of MRPC 7.2 would require media lawyer advertisements to identify the name and contact information of at least one lawyer providing services. This proposal is being republished in light of the ABA’s recent adoption of revisions of the model rules regarding attorney advertising.

2. ADM File No. 2016-05: Proposed Amendment of MCR 2.513

The proposed amendment of MCR 2.513 would explicitly provide that a court must orally recite its preliminary and final jury instructions for the jury (in addition to providing them in writing). The proposed amendment would clarify that even though a juror is entitled to a written set of instructions, the judge must still orally instruct the jury. This proposed amendment would conform the rule to the opinion issued by the Court in People v Traver.

3. ADM File No. 2018-21: Proposed Administrative Order to Require Courts to Establish Security Committees

This administrative order would direct courts to establish a standing courthouse security committee to be chaired by the chief judge or his/her designee. The attached appendix is a proposed model local administrative order developed by the SCAO.

4. ADM File No. 2002-37: Proposed Amendments of MCR 1.109, 2.102, 2.104, 2.106, 2.107, 2.117, 2.119, 2.403, 2.503, 2.506, 2.508, 2.518, 2.602, 2.603, 2.621, 3.101, 3.104, 3.203, 3.205, 3.210, 3.302, 3.607, 3.613, 3.614, 3.705, 3.801, 3.802, 3.805, 3.806, 4.201, 4.202, 4.303, 4.306, 5.001, 5.104, 5.105, 5.107, 5.108, 5.113, 5.117, 5.118, 5.119, 5.120, 5.125, 5.126, 5.132, 5.162, 5.202, 5.203, 5.205, 5.302, 5.304, 5.307, 5.308, 5.309, 5.310, 5.311, 5.313, 5.402, 5.404, 5.405, 5.409, 5.501, and 5.784 and new rule 3.618

The proposed amendments are an expected progression necessary for design and implementation of the statewide electronic-filing system. These particular amendments will assist in implementing the goals of the project.

B.  Legislation

1. HB 6110 (Iden) Occupations; individual licensing and regulation; use of criminal record to determine eligibility for occupational licensing; restrict. Amends title & secs. 1, 2, 3, 4, 5, 6 & 7 of 1974 PA 381 (MCL 338.41 et seq.).

2. HB 6277 (LaFave) Courts; judges; judges to fully instruct jury of its authority; require. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 29b to ch. VIII.

3. SB 1092 (Jones) Courts; juries; postponement of jury service; allow for farmers during certain months. Amends sec. 1335 of 1961 PA 236 (MCL 600.1335).

4. SB 1103 (Jones) Civil procedure; small claims; general amendments related to e-filing provisions; provide for. Amends secs. 8401a, 8402, 8403, 8404, 8405, 8406, 8409, 8412, 8420 & 8423 of 1961 PA 236 (MCL 600.8401a et seq.).

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

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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.

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