June 13, 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, June 10, 2025.

A. Court Rule Amendments

1. ADM File No. 2023-35: Proposed Amendments of MCJC 3 and MRPC 6.5
The proposed amendments of MCJC 3 and MRPC 6.5 would incorporate the ABA Model Code of Judicial Conduct Canon 2, Rule 2.3 into Michigan’s code and rule to prohibit bias, prejudice, and harassment.

2. ADM File No. 2019-40: Proposed Adoption of AO 2025-X, Proposed Rescission of AO 2012-7, and Proposed Amendment of MCR 2.407
The proposed administrative order would clarify when, from where, and how a judicial officer may participate remotely, subject to their chief judge’s approval. If adopted, a related amendment of MCR 2.407 would strike a reference to AO 2012-7 being suspended and that administrative order would be rescinded.

3. ADM File No. 2025-03: Proposed Amendment of MCR 1.111
The proposed amendment of MCR 1.111 would prohibit reimbursement for interpreter services in criminal cases, update the definitions for “interpret,” “certified foreign language interpreter,” and “qualified foreign language interpreter,” and add a new definition for a “registered interpreter firm.”

4. ADM File No. 2025-04: Proposed Amendment of MCR 3.613
The proposed amendment of MCR 3.613 would realign the rule with recent amendments of MCL 711.1 and MCL 711.3 regarding name change proceedings.

5. ADM File No. 2023-10: Proposed Amendment of MCR 6.008
The proposed amendment of MCR 6.008 would incorporate the People v Cramer, 511 Mich 896 (2023) holding by clarifying that circuit courts can remand misdemeanor charges to the district court following the dismissal of all felony charges that were bound over.

6. ADM File No. 2023-38: Proposed Amendments of Subchapters MCR 9.100 and MCR 9.200 and MRPC 1.12 and MRPC 3.5
The proposed amendments would replace the term “master” or “special master” with “neutral arbiter” or add the term “neutral arbiter” to a definition.

B. Legislation

1. HB 4434 (Meerman) Courts: juries; one-person grand jury provisions; repeal. Repeals secs. 3, 4, 5, 6, 6a & 6b, ch. VII of 1927 PA 175 (MCL 767.3 et seq.).

C. Consent Agenda

1. M Crim JI 15.14, M Crim JI 15.14a, and M Crim JI 15.15
The Committee proposes amending M Crim JI 15.14 (Reckless Driving), M Crim JI 15.14a (Reckless Driving Causing Death or Serious Impairment of a Body Function), and M Crim JI 15.15 (Moving Violation Causing Death or Serious Impairment of a Body Function) for improved readability and greater consistency with the statutes defining these offenses. The proposed changes were inspired by Footnote 7 in People v Fredell, ___ Mich ___ (December 26, 2024) (Docket No. 164098).

2. M Crim JI 20.24
The Committee proposes amending M Crim JI 20.24 (Definition of Sufficient Force) in response to People v Levran, ___ Mich App ___ (December 3, 2024) (Docket No. 370931). The Court of Appeals held in Levran that the fifth paragraph of the current instruction did not accurately reflect how MCL 750.520b(1)(f)(iv) defines “force or coercion” for purposes of criminal sexual conduct committed during a medical exam or treatment. The proposed amendment would remedy this defect.

3. M Crim JI 37.11
The Committee proposes amending M Crim JI 37.11 (Removing, Destroying or Tampering with Evidence) to add a missing mens rea element. MCL 750.483a(5)(a) makes it a crime to “[k]nowingly and intentionally remove, alter, conceal, destroy, or otherwise tamper with evidence to be offered in a present or future official proceeding.” While the current instruction addresses the requirement that the defendant act “intentionally,” it does not address the requirement that the defendant act “knowingly.” The Court of Appeals has indicated that “the word ‘knowingly’ in the statute likely includes knowledge of an official proceeding.”  People v Walker, 330 Mich App 378, 388 (2019). The proposed amendment would add that element and make other stylistic changes.