April 22, 2026
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, April 21, 2026.

1. Court Rule Amendments
1.1. ADM File No. 2024-32 - Proposed Amendment of MCR 2.410
The proposed amendment of MCR 2.410 would explicitly allow ADR proceedings to be conducted by videoconferencing technology if such participation is appropriate under MCR 2.407.

1.2. ADM File No. 2023-23 - Proposed Amendment of MCR 3.972
The proposed amendment of MCR 3.972 would require the court, in child protective proceeding bench trials, to make findings of fact and conclusions of law and allow for the equivalent of an involuntary dismissal.

1.3. ADM File No. 2024-04 - Proposed Amendment of MCR 3.981
The proposed amendment of MCR 3.981 would require the court to advise minor PPO respondents of their right to appeal following the issuance of an order that is appealable by right and would clarify that appointment of appellate counsel in these cases is controlled by MCR 3.993(D)(5).

1.4. ADM File No. 2025-09 - Proposed Amendment of MCR 6.610
The proposed amendment of MCR 6.610 would clarify that defense counsel must be allowed a reasonable opportunity to attend, as part of a court-ordered presentence investigation, any presentence interview of their client.

1.5. ADM File No. 2025-23 - Proposed Amendment of MCR 7.210
The proposed amendment of MCR 7.210 would explicitly exempt full transcripts for appeals from certain domestic relations actions.

2. Legislation
2.1. HB 5445 (Wozniak) Courts: specialty courts; family division of the circuit court judgeships; modify. Amends secs. 1003, 1011, 1021 & 1023 of 1961 PA 236 (MCL 600.1003 et seq.) & adds secs. 1002 & 1012.

2.2. SB 0885 (Singh) Criminal procedure: indigent defense; parent and child legal representation commission; create. Creates new act.

3. Model Criminal Jury Instructions
3.1. MCrimJI 11.30a and 11.30b
The Committee proposes two new instructions, M Crim JI 11.30a (Manufacture, Sale, or Possession of Semiautomatic Firearm Conversion Device) and M Crim JI 11.30b (Demonstrating How to Manufacture or Install Semiautomatic Firearm Conversion Device), to address the crimes set forth in MCL 750.224e. These instructions are entirely new.

3.2. MCrimJI 17.6
The Committee proposes amending M Crim JI 17.6 (Assault and Infliction of Serious Injury) to make the mens rea element more consistent with MCL 750.81a(1), as well as to account for the Legislature’s recent addition of an enhanced fine for aggravated assaults against healthcare professionals. Deletions are in strikethrough, and new language is underlined.

3.3. MCrimJI 20.13 and 20.16b
The Committee proposes creating M Crim JI 20.16b (Mental Health Professional) for fourth-degree criminal sexual conduct arising out of a patient-therapist relationship. See MCL 750.520e(1)(e). This instruction is entirely new. The Committee also proposes amending M Crim JI 20.13 (Criminal Sexual Conduct in the Fourth Degree) to cross-reference the new instruction. Deletions are in strikethrough, and new language is underlined.

3.4. MCrimJI 32.4
The Committee proposes a new instruction, M Crim JI 32.4 (Malicious Destruction of Trees or Plants), to address the crime set forth in MCL 750.382. This instruction is entirely new.

3.5. MCrimJI 36.1, 36.2, 36.3, 36.4, 36.5, and 36.6
The Committee proposes amending seven instructions to include the term “human trafficking” when describing the offenses to the jury: M Crim JI 36.1 (Obtaining a Person for Forced Labor or Services), M Crim JI 36.2 (Holding a Person in Debt Bondage), M Crim JI 36.3 (Knowingly Subjecting a Person to Forced Labor or Debt Bondage), M Crim JI 36.4 (Participating in a Forced Labor, Debt Bondage, or Commercial Sex Enterprise for Financial Gain), M Crim JI 36.4a (Participating in a Forced Labor or Commercial Sex Enterprise for Financial Gain or for Anything of Value with a Minor), M Crim JI 36.5 (Aggravating Factors), and M Crim JI 36.6 (Using Minors for Commercial Sexual Activity or for Forced Labor or Services). The proposed amendments would also adjust some phrasing to ensure greater consistency with the statutes defining these offenses. Deletions are in strikethrough, and new language is underlined.

3.6. MCrimJI 37.8b
The Committee proposes a new jury instruction, M Crim JI 37.8b (Using Position of Authority to Prevent Report of Child Abuse, Criminal Sexual Conduct, or Assault with Intent to Commit Criminal Sexual Conduct), to address the crime set forth in MCL 750.483a(1)(c), as amended by 2023 PA 49. This instruction is entirely new. Please note that the instruction previously designated as M Crim JI 37.8b has been renumbered as M Crim JI 37.8c (Retaliating for Crime Report).

3.7. MCrimJI 40.9, 40.10, 40.10a, and 40.11
The Committee proposes four new instructions on rioting offenses. M Crim JI 40.9 (Riot) addresses the crime set forth in MCL 752.541. M Crim JI 40.10 (Incitement to Riot) addresses the crime set forth in MCL 752.542. M Crim JI 40.10a (Incitement to Riot at Correctional Facility) addresses the crime set forth in MCL 752.542a. M Crim JI 40.11 (Unlawful Assembly) addresses the crime set forth in MCL 752.543. These instructions are entirely new.

3.8. MCrimJI 43.5, 43.6, and 43.6a
The Committee proposes three new instructions on election-related crimes. M Crim JI 43.5 (Election Official Destroying, Falsifying, or Removing Ballots or Election Records) addresses the crime set forth in MCL 168.932(c). M Crim JI 43.6 (Disclosing Elector’s Vote) and M Crim JI 43.6a (Obstructing an Elector While Attempting to Vote) address the crimes set forth in MCL 168.932(d). These instructions are entirely new.

3.9. MCrimJI 43.7, 43.7a, 43.7b, 43.7c, and 43.7d
The Committee proposes new jury instructions for five election-related crimes found in MCL 168.932(e)-(i): M Crim JI 43.7 (Marking or Altering Another Person’s Absentee Ballot), M Crim JI 43.7a (Possessing or Agreeing to Return an Absentee Ballot Mailed or Delivered to Another Person), M Crim JI 43.7b (Influencing or Attempting to Influence a Disabled Absentee Voter’s Vote), M Crim JI 43.7c (Influencing or Attempting to Influence an Absentee Voter While Voting), and M Crim JI 43.7d (Planning or Organizing a Meeting Where Absentee Voters Would Mark Their Ballots). These instructions are entirely new.