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.

In the Hall of Justice

Proposed Amendment of Rules 1.109 and 8.119 of the Michigan Court Rules and Administrative Order 1999-4 (ADM File No. 2017-28) – Court Records Defined; Document Defined: Filing Standards; Signatures; Electronic Filing and Service; Access; Court Records and Reports; Duties of Clerks (Michigan Bar Journal February 2019, p. 68).

STATUS: Comment Period Expired 04/01/19; Public Hearing to be Scheduled
POSITON: Support the Court’s efforts to address the protection of personal identifying information, oppose the current amendments as drafted, provide to the Court all the comments received from sections and committees, and request that the Court publish for comment revised amendments before adopting them.

Proposed Amendment of Rules 1.111 and 8.127 of the Michigan Court Rules (ADM File No. 2018-06) – Foreign Language Interpreters; Foreign Language Board of Review and Regulation of Foreign Language Interpreters (Michigan Bar Journal January 2019, p. 72).

STATUS: Comment Period Expired 03/01/19; Public Hearing to be Scheduled
POSITON: Support.

Proposed Addition of Rule 3.22X of the Michigan Court Rules (ADM File No. 2018-13) – Friend of the Court Alternative Dispute Resolution (Michigan Bar Journal February 2019, p. 68).

STATUS: Comment Period Expired 04/01/19; Public Hearing to be Scheduled
POSITON: Support in principle, but oppose the rule as drafted and request that the rules be revised to address the following concerns: (1) attorneys should be allowed to be present at any meeting in which an order may be generated; (2) the rules should provide for adequate domestic violence screening, protocols, and training; (3) confidentiality provisions should be consistent with other confidentiality mandates in the rule; (4) the language regarding automatic orders being generated should be stricken; (5) the language regarding protective orders in subsection (D)(1) should be clarified whether it applies to all parties that have been subject to any PPO, persons who have been subject to a PPO involving another party, or persons who have been subject to a PPO concerning domestic abuse or abuse or neglect of any child; and (6) subsection (D)(1) should be amended as follows:

Parties who are, or have been, subject to a personal protection order or other protective order or who are involved in a past or present child abuse and neglect proceeding may not be referred to friend of the court ADR without a hearing to determine whether friend of the court ADR is appropriate. The court may order ADR if a protected party requests it without holding a hearing.

Proposed Amendment of Rules 6.001, 6.006, 6.425, 6.427, 6.610, 7.202, and 7.208 and Proposed New Rule 6.430 of the Michigan Court Rules (ADM File No. 2017-17) – Scope; Applicability of Civil Rules; Superseded Rule and Statues; Video and Audio Proceedings; Sentencing; Appointment of Appellate Counsel; Judgment; Criminal Procedure Generally; Postjudgment Motion to Amend Restitution; Definitions; Authority of Court or Tribunal Appealed From (Michigan Bar Journal January 2019, p. 72).

STATUS: Comment Period Expired 03/01/19; Public Hearing to be Scheduled
POSITON: Support the rule with the following amendments: (1) to address the issue of restitution not being known at the time of sentencing, support the Michigan District Judges Association's rule language for MCR 6.427(11) and 6.425(E); and (2) support the Court of Appeals' recommendations that appeals of orders amending restitution be by leave, rather than by right; and (3) remove the reference of the trial court's authority over motions to amend restitution, as it is unnecessary for the reasons stated by the Court of Appeals. 

Proposed Amendment of Rule 6.001 of the Michigan Court Rules (ADM File No. 2018-23) – Scope; Applicability of Civil Rules; Superseded Rule and Statues (Michigan Bar Journal January 2019, p. 72).

STATUS: Comment Period Expired 03/01/19; Public Hearing to be Scheduled
POSITON: Support the rule proposal in principle, but encourage the court to revise the rule in light of the numerous concerns that have been raised in the comments submitted to the Court and note that implementation of electronic discovery may lessen the impact of requiring discovery in misdemeanor cases.

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

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