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.

At the Capitol

HB 5046 (Shannon) Civil procedure: costs and fees; Courts: reporters or recorders; Civil procedure: costs and fees; fees for transcripts; increase. Amends sec. 2543 of 1961 PA 236 (MCL 600.2543).
POSITION: Neutral on the bill due to the absence of a fee waiver for indigent parties and parties represented by pro bono counsel in civil matters.

HB 5131 (Skaggs) Legislature: apportionment; Legislature: other; Courts: court of appeals; Legislature: apportionment; redistricting of court of appeals; provide for. Amends secs. 301, 302 & 303d of 1961 PA 236 (MCL 600.301 et seq.); adds sec. 303e & repeals secs. 303a, 303b & 303c of 1961 PA 236 (MCL 600.303a et seq.).
POSITION: Oppose HB 5131 because additional Court of Appeals judges are not warranted based on the court’s existing or anticipated caseload; No position on the proposed redistricting of Court of Appeals judicial districts.

HB 5271 (Hope) Criminal procedure: DNA; Criminal procedure: DNA; post-conviction DNA testing; modify. Amends sec. 16, ch. X of 1927 PA 175 (MCL 770.16).
POSITION: Support.

HB 5300 (Pohutsky) Probate: other; Probate: other; name change proceedings; modify. Amends secs. 1 & 3, ch. XI of 1939 PA 288 (MCL 711.1 & 711.3).
POSITION: Support.

SB 0514 (Irwin) Civil procedure: costs and fees; Courts: reporters or recorders; Civil procedure: costs and fees; fees for transcripts; increase. Amends sec. 2543 of 1961 PA 236 (MCL 600.2543).
POSITION: Neutral on the bill due to the absence of a fee waiver for indigent parties and parties represented by pro bono counsel in civil matters.

In the Hall of Justice

Proposed Rescission of Administrative Order No. 2020-17 and Proposed Amendment of Rule 4.201 of the Michigan Court Rules (ADM File No. 2020-08) – Continuation of Alternative Procedures for Landlord/Tenant Cases; Summary Proceedings to Recover Possession of Premises.
STATUS: Comment Period Expires 01/01/24; Public Hearing to be Scheduled.
POSITION: Support.

Proposed Amendments of Rules 1.15 and 1.15A and Proposed Additions of Rules 1.15B and 1.15C of the Michigan Rules of Professional Conduct (ADM File No. 2022-19) – Safekeeping Property; Trust Account Overdraft Notification; Lawyer Trust Account Records Trust Account Overdraft Notification.
STATUS: Comment Period Expires 01/01/24; Public Hearing to be Scheduled.
POSITION: Support.

Proposed Amendment of Rule 3.701 and Proposed Additions of Rules 3.715, 3.716, 3.717, 3.718, 3.719, 3.720, 3.721, and 3.722 of the Michigan Court Rules (ADM File No. 2023-24) – Personal Protection Proceedings; Applicability of Rules: Forms; Definitions; Commencing an Extreme Risk Protection Action; Dismissal; Issuing Extreme Risk Protection Orders; Orders; Modification, Termination, or Extension of Order; Contempt Proceedings for Violation of Extreme Risk Protection Orders; Appeals.
STATUS: Comment Period Expires 12/01/23; Public Hearing to be Scheduled.
POSITION: Support with amendments recommended by the Family Law Section.

Proposed Amendment of Rule 4.303 of the Michigan Court Rules (ADM File No. 2022-33) – Notice.
STATUS: Comment Period Expires 01/01/24; Public Hearing to be Scheduled.
POSITION: Support with two additional amendments: (1) clarifying when “within 91 days” begins; and (2) including additional language, as follows: “Prior to a court dismissing a case for no progress on its own initiative, the court shall serve notice on all parties that the case will be dismissed if no progress has been made within 14 days.”

Proposed Amendments of Rules 6.907, 6.909, and 6.933 of the Michigan Court Rules (ADM File No. 2022-24) – Arraignment on Complaint and Warrant; Releasing or Detaining Juveniles Before Trial or Sentencing; Juvenile Probation Revocation.
STATUS: Comment Period Expires 01/01/24; Public Hearing to be Scheduled.
POSITION: Support with the following amendments:

  1. After each instance of the new sentence “Best efforts must be made to avoid placing youthful inmates in isolation to comply with this provision”, add another sentence reading “If the youthful inmate is placed in isolation, the jail must immediately notify the assigned judge or on-call judge or magistrate and indicate the reasons for the placement in isolation, and the court must provide the youthful inmate with an opportunity for a hearing within 24 hours.”
  2. Clarify the definition of “youthful inmate.”

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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