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 Capitol

HB 4378 (Pagan) Civil rights: public records; Crime victims: rights; Crimes: criminal sexual conduct. Civil rights; public records; identity of parties proceeding anonymously in civil actions alleging sexual misconduct; exempt from disclosure under freedom of information act. Amends sec. 13 of 1976 PA 442 (MCL 15.243).
POSITION: Support with an amendment that the exemptions set forth in the bill also apply to survivors of human trafficking.

HB 4535 (Berman) Law enforcement: law enforcement information network (LEIN); Law enforcement: records; Criminal procedure: defenses; Criminal procedure: prosecuting attorneys. Law enforcement; law enforcement information network (LEIN); access to law enforcement information network (LEIN); allow for defense attorneys under certain circumstances. Amends sec. 4 of 1974 PA 163 (MCL 28.214) & adds sec. 4a.
POSITION: Support the concept of defense attorneys having access to LEIN information; oppose the bill as drafted.

SB 0231 (Runestad) Civil procedure: service of process. Civil procedure; service of process; proof of service; provide for verification of service. Amends sec. 1910 of 1961 PA 236 (MCL 600.1910).
POSITION: Support.

In the Hall of Justice

Proposed Amendments of Rules 1.109, 2.107, 2.113, 2.116, 2.119, 2.222, 2.223, 2.225, 2.227, 3.206, 3.211, 3.212, 3.214, 3.303, 3.903, 3.921, 3.925, 3.926, 3.931, 3.933, 3.942, 3.950, 3.961, 3.971, 3.972, 4.002, 4.101, 4.201, 4.202, 4.302, 5.128, 5.302, 5.731, 6.101, 6.615, 8.105, and 8.119, and rescission of Rule 2.226 and 8.125 of the Michigan Court Rules (ADM File No. 2002-37) – Court Records Defined; Document Defined; Filing Standards; Signatures; Electronic Filing and Service; Access; Service and Filing of Pleadings and Other Documents; Form, Captioning, Signing, and Verifying of Documents; Summary Disposition; Motion Practice; Change of Venue; Venue Proper; Change of Venue; Venue Improper; Joinder of Party to Control Venue; Transfer of Actions on Finding of Lack of Jurisdiction; Initiating a Case; Judgments and Orders; Postjudgment Transfer of Domestic Relations Cases; Action Under Uniform Acts; Habeas Corpus to Inquire into Cause of Detention; Definitions; Persons Entitled to Notice; Open Proceedings; Judgments and Orders; Records Confidentiality; Destruction of Court Records; Setting Aside Adjudications; Transfer of Jurisdiction; Change of Venue; Initiating Delinquency Proceedings; Acquiring Physical Control of Juvenile; Trial; Waiver of Jurisdiction; Initiating Child Protective Proceedings; Pleas of Admission or No Contest; Trial; Transfer of Actions from District Court to Circuit Court; Civil Infraction Actions; Summary Proceedings to Recover Possession of Premises; Summary Proceedings; Land Contract Forfeiture; Statement of Claim; Change of Venue; Commencement of Decedent Estates; Confidential Access to Records; The Complaint; Misdemeanor Traffic Cases; General Duties of Clerks; Court Records and Reports; Duties of Clerks; Electronic Filing of Citation (Michigan Bar Journal July 2019, p 86)
STATUS: Comment Period Expires 09/01/19; Public Hearing to be Scheduled
POSITON: Support.

Proposed Amendment of Rule 2.612 of the Michigan Court Rules (ADM File No. 2018-12) – Relief from Judgment or Order (Michigan Bar Journal June 2019, p 73)
STATUS: Comment Period Expired 08/01/19; Public Hearing to be Scheduled
POSITON: Support with an amendment to change “are abolished” to “remain abolished.”

Proposed Amendment of Rule 3.106 of the Michigan Court Rules (ADM File No. 2018-18) – Procedures Regarding Orders for the Seizure of Property and Orders of Eviction (Michigan Bar Journal July 2019, p 87)
STATUS: Comment Period Expires 09/01/19; Public Hearing to be Scheduled
POSITON: Support.

Proposed Amendment of Rule 3.201 and Proposed Addition of Rule 3.230 of the Michigan Court Rules (ADM File No. 2018-16) – Applicability of Rules; Actions Under the Summary Support and Paternity Act (Michigan Bar Journal June 2019, p 72)
STATUS: Comment Period Expired 08/01/19; Public Hearing to be Scheduled
POSITON: Support the proposed amendments to Rule 3.201 and the proposed addition of Rule 3.230 with two amendments requiring that

(1) the agency file a domestic violence screening tool completed by each party and that the court be required to hold a hearing if domestic violence is indicated, and

(2) the IV-D agency must file a waiver signed by each party that they were informed of their right to opt out of the process.

Proposed Amendment of Rule 3.501 of the Michigan Court Rules (ADM File No. 2018-02) – Class Actions (Michigan Bar Journal July 2019, p 86)
STATUS: Comment Period Expires 09/01/19; Public Hearing to be Scheduled
POSITON: Take no position on the policy presented in Rule 3.501, but recommend alternative language to clarify the proposed amendments.

Proposed Amendment of Rule 6.508 of the Michigan Court Rules (ADM File No. 2017-02) – Procedure; Evidentiary Hearing; Determination (Michigan Bar Journal June 2019, p 73)
STATUS: Comment Period Expires 09/01/19; Public Hearing to be Scheduled
POSITON: Support.

Proposed Amendment of Rule 8.115 of the Michigan Court Rules (ADM File No. 2018-30) – Courtroom Decorum; Policy Regarding Use of Cell Phones or Other Portable

Electronic Communication Devices (Michigan Bar Journal July 2019, p 86)
STATUS: Comment Period Expires 09/01/19; Public Hearing to be Scheduled
POSITON: Support.

Proposed Amendment of Court of Claims Local Court Rule 2.119 (ADM File No. 2018-28) – Motion Practice (Michigan Bar Journal July 2019, p 87)
STATUS: Comment Period Expires 09/01/19; Public Hearing to be Scheduled
POSITON: Support.

M Crim JI 3.8 – Less Serious Crimes (Michigan Bar Journal June 2019, p 64)
POSITON: Support.

M Crim JI 7.15, 7.16, 7.21, and 7.22 – Use of Deadly Force in Self-Defense; Duty to Retreat to Avoid Using Deadly Force; Defense of Others—Deadly Force; Use of Non-deadly Force in Self-Defense or Defense of Others (Michigan Bar Journal May 2019, p 54)
POSITON: Support.

M Crim JI 10.10, 10.10a, 10.10b, and 10.10c – Gang-Motivated Crimes; Encouraging Gang-Motivated Crimes; Making Threats to Deter a Person from Assisting Another to Withdraw from Gang Membership; Threatening a Person to Retaliate for Withdrawing from Gang Membership (Michigan Bar Journal June 2019, p 64)
POSITON: Support.

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

SBM Positions

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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