November 21, 2025
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 ntriplett@michbar.org before 5:00 p.m. on Tuesday, November 18, 2025

A. Court Rule Amendments

1. ADM File No. 2020-08: Proposed Amendments of MCR 1.109, 2.104, 2.107, 2.119, 3.203, and 5.105
The proposed amendments of MCR 1.109, 2.104, 2.107, 2.119, 3.203, and 5.105 would, subject to an opting-out procedure, clarify the use of electronic service when MiFILE is not available in the court or for the particular case type.

2. ADM File No. 2023-23: Proposed Amendments of MCR 3.942 and 3.972
The proposed amendments of MCR 3.942 and 3.972 would, in delinquency and child protective proceeding bench trials, require the court to make findings of fact and conclusions of law and allow for the equivalent of a directed verdict.

3. ADM File No. 2023-39: Proposed Amendment of MCR 7.215
The proposed amendment of MCR 7.215 would eliminate the requirement that parties provide copies of unpublished opinions cited in briefs filed in the Court of Appeals.

B. Legislation

1. HB 4840 (Lightner) Courts: business court; types of cases heard by the business court; revise. Amends sec. 8031 of 1961 PA 236 (MCL 600.8031).

2. SB 330 (McMorrow) Courts: juries; exemption from jury service; expand. Amends sec. 1307a of 1961 PA 236 (MCL 600.1307a).

C. Model Criminal Jury Instructions

1. Model Criminal Jury Instructions 11.38, 11.38a, 11.38b
The Committee proposes amending two existing instructions, M Crim JI 11.38 (Felon Possessing Firearm or Ammunition: Nonspecified Felony) and M Crim JI 11.38a (Felon Possessing Firearm or Ammunition: Specified Felony), to account for recent legislative changes to MCL 750.224f. Deletions are in strikethrough, and new language is underlined. The Committee also proposes creating M Crim JI 11.38b (Prohibited Person Possessing Firearm or Ammunition: Misdemeanor Involving Domestic Violence), an entirely new instruction based on the same statute.

2. Model Criminal Jury Instructions 11.45 and 11.45a
The Committee proposes two new instructions, M Crim JI 11.45 (Engaging in Computer-Assisted Shooting) and M Crim JI 11.45a (Providing or Offering to Provide Animals, Equipment, or Facilities for Computer-Assisted Shooting), to address the crimes set forth in MCL 750.236a and MCL 750.236b. These instructions are entirely new.

3. Model Criminal Jury Instructions 15.18b
The Committee proposes a new instruction, M Crim JI 15.18b (Moving Violation in a Work Zone or School Bus Zone Causing Death or Injury), for the offense of committing a moving traffic violation in a work zone or school bus zone that results in death or injury, as defined in MCL 257.601b. This instruction would serve as a companion to M Crim JI 15.18a, which applies to offenses committed before certain statutory changes took effect on April 2, 2025. The proposed new instruction would apply to offenses committed on or after that date.

4. Model Criminal Jury Instructions 20.10, 20.11, 20.22
The Committee proposes amending M Crim JI 20.10 (Personal Injury-Complainant Mentally Incapable, Mentally Incapacitated, or Physically Helpless), M Crim JI 20.11 (Sexual Act with Mentally Incapable, Mentally Disabled, Mentally Incapacitated, or Physically Helpless Person by Relative or One in Authority), and M Crim JI 20.22 (Complainant Mentally Incapable, Mentally Incapacitated, or Physically Helpless) to reflect a recent change to the statutory definition of “mentally incapacitated.” See MCL 750.520a(k), as amended by 2023 PA 65. Deletions are in strikethrough, and new language is underlined.

5. Model Criminal Jury Instructions 20.38d
The Committee proposes a new instruction, M Crim JI 20.38d (Child Sexually Abusive Activity - Causing or Allowing Without Producing Materials) to address violations of MCL 750.145c that do not involve possessing, creating, or distributing child sexually abusive material. See People v Willis, 322 Mich App 579 (2018), lv den 504 Mich 905 (2019). This instruction is entirely new.

6. Model Criminal Jury Instructions 36.9
The Committee proposes a new instruction, M Crim JI 36.9 (Soliciting a Person to Commit Prostitution) to address the crime set forth in MCL 750.448. This instruction is entirely new.

7. Model Criminal Jury Instructions 38.7
The Committee proposes a new instruction, M Crim JI 38.7 (Obtaining Blueprint or Security Plan to Commit a Terrorist Offense) to address the crime set forth in MCL 750.543r. This instruction is entirely new.

8. Model Criminal Jury Instructions 43.4, 43.4a, 43.4b, 43.4c
The Committee proposes new jury instructions for four election-related crimes found in MCL 168.932(b): M Crim JI 43.4 (Unauthorized Opening of a Ballot Box or Voting Machine), M Crim JI 43.4a (Damaging or Destroying a Ballot Box or Voting Machine), M Crim JI 43.4b (Possessing, Concealing, or Withholding a Ballot Box or Voting Machine), and M Crim JI 43.4c (Adding or Removing Ballots or Voting Totals in a Ballot Box or Voting Machine). These instructions are entirely new.