March 23, 2020
Volume 18, Issue 12

State Bar COVID-19 Resources

The COVID-19 pandemic is continuing to unfold. The State Bar is creating up to date COVID-19 resources.

We understand that you need to know exactly what the law says. We're compiling important primary documents here, so you can quickly access the exact language you need. We're going to start including these crucial primary documents in our NewsLinks newsletter. Please sign up here to get it in your inbox each weekday.

We are answering questions from Michigan lawyers here. In some cases, the questions we're receiving have not yet been answered by the decision-makers involved. Know that we are in touch with them and will share answers as we have them. If you have a question that hasn't yet been answered, please ask us here.

We also have guidance to help you keep practicing and keep your equilibrium during the pandemic here.

We know that what you need to best serve your clients and the public is changing by the hour, and we are doing our best to help. Keep telling us what you need and we pledge to do everything possible to provide it.

At the Bar

Resources for Attorneys & FAQ About Coronavirus

NewsLinks for March 20, 2020

March 24 Board of Commissioners Public Policy Agenda
The SBM Board of Commissioners will be considering several public policy items at their March 24 meeting. The public policy agenda can be reviewed online. Members of the State Bar are invited to submit comments to the Board of Commissioners on any of the items on the agenda. All comments received before the meeting will be shared with the Board.

In the Capitol

Both the House of Representatives and Senate have scheduled session for the following dates: March 25, April 1, April 7, and April 15. The Senate has also scheduled session for April 16.

Legislation Introduced 03/17 – 03/19  
Last week bills were introduced in the following areas of law:

• Administrative Law
• Agriculture Law
• Business Law
• Civil Procedure
• Civil Rights
• Construction
• Consumer Law
• Criminal Law
• Education
• Environmental & Natural Resources Law
• Health Law
• Insurance Law
• Information Technology Law
• Juvenile Law
• Labor & Employment Law
• Landlord-Tenant
• Licensing & Regulation
• Marijuana
• Military & Veterans
• Motor Vehicles
• Real Property
• State & Local Government
• Tax

At the Court

Mental Health Questions to be removed from Bar Exam Application

Trial Courts Ordered to Limit Activity to Essential Functions; Courts also ordered to limit access to courtrooms to no more than 10 persons

Alpena Justice for All Town Hall Meeting with Justice Brian K. Zahra is Cancelled

Statement from the Michigan Supreme Court on Matters Concerning Children

Unanimous Order Authorizes Courts to take Emergency Measures; Order allows courts to take additional action to slow spread of COVID-19

Administrative Orders
ADM File No. 2020-08: Administrative Order No. 2020-2 (Order Limiting Activities/Assemblages in Court Facilities)
Issued: 3/18/20
Effective: Immediately

ADM File No. 2020-08: Administrative Order No. 2020-3 (Order Extending Deadline for Commencement of Actions)
Issued: 3/23/20
Effective: Immediately

ADM File No. 2016-46: Special Administrative Inquiry Regarding Questions Relating to Mental Health on the Michigan Bar Examination Application
Issued: 3/18/20
Effective: February 2021 Michigan Bar Examination

Rule Amendments
ADM File No. 2015-21: Amendments of MCR 3.971, 3.972, 3.973, and 3.974
The amendments of MCR 3.971, 3.972, 3.973, and 3.974 make various clarifying changes to rules the Court adopted in June 2019.
Issued: 3/19/20
Effective: Immediately

Proposed Amendments
ADM File No. 2015-21: Proposed Amendments of MCR 3.971, 3.972, 3.973, 3.977, 3.993, 7.202, and 7.204
The proposed amendments of MCR 3.971, 3.972, 3.973, 3.977, 3.993, 7.202 and 7.204 would make the appeal process for child protective cases uniform (instead of having a separate process for cases involving termination of parental rights). The amendments also would make the appeal period uniform (21 days) for all child protections cases.
Issued: 3/19/20
Comment Period Expires: 7/1/20

ADM File Nos. 2018-33/2019-20/2019-38: Proposed Amendments of MCR 6.310, 6.425, 6.428, 6.429, 6.431, 7.204, 7.205, 7.208, 7.211, 7.305, and Proposed Addition of MCR 1.112
The proposed amendments were submitted by the State Appellate Defender Office and would address several issues. First, it would expand the prisoner mailbox rule to all legal filings (not just claims of appeal and postjudgment motions) made by a person incarcerated in prison or jail (not just prison, as under the current rule). This part of the proposal includes a new MCR 1.112, and elimination of specific prison mailbox provisions in MCR 6.310(C)(5), MCR 6.429(B)(5), MCR 6.431(A)(5), MCR 7.204(A)(2)(e), MCR 7.205(A)(3), and MCR 7.305(C)(5). One difficulty with this expansion is the fact that most jails do not have a mail log system like that in place in prisons. Second, the proposal would expand certain time frames for filing and deciding postjudgment motions in criminal cases, as reflected in the amendments of MCR 7.208 and MCR 7.211. Third, the proposal would reconfigure and expand the “Reissuance of Judgment” rule, as shown in the proposed amendments of MCR 6.428. Finally, the proposal (as shown in proposed amendments of MCR 6.425) would require a probation officer to give defendant’s attorney notion and a reasonable opportunity to attend the presentence interview, require a probation agent to not only correct a report but certify that the correction has been made, and “ensure that no prior version of the report is used for classification, programming, or parole purposes.” This portion of the proposal also would require the Michigan Department of Corrections to provide the prosecutor, defendant, or defense lawyer with a copy of the presentence investigation report, and further require the court to provide to the parties any documents presented for consideration at sentencing, including any PSIR considered before corrections were made.
Issued: 3/19/20
Comment Period Expires: 7/1/20

ADM File No. 2019-26: Proposed Amendment of MCR 7.314
The proposed amendment of MCR 7.314 would eliminate the oral argument time period and instead provide for an amount of time established by the Court in the order granting leave to appeal.
Issued: 3/19/20
Comment Period Expires: 7/1/20

ADM File No. 2019-27: Proposed Amendments of MCR 6.310, 6.429, 6.431, 6.509, and 7.205 and Proposed Addition of MCR 6.126
The proposed amendments of MCR 6.310, 6.429, 6.431, 6.509, and 7.205 and proposed addition of MCR 6.126 would clarify and simplify the rules regarding procedure in criminal appellate matters.
Issued: 3/19/20
Comment Period Expires: 7/1/20

ADM File No. 2019-29: Proposed Amendments of MCR 7.212 and 7.312
The proposed amendments of MCR 7.212 and 7.312 would allow practitioners to efficiently produce an appendix for all appellate purposes by making the appendix rule consistent within the Court of Appeals and Supreme Court.  
Issued: 3/19/20
Comment Period Expires: 7/1/20

ADM File No. 2019-31: Proposed Amendment of MCR 7.216
The proposed amendment of MCR 7.216 would enable the Court of Appeals to impose filing restrictions on a vexatious litigator, similar to the Supreme Court’s rule (MCR 7.316).
Issued: 3/19/20
Comment Period Expires: 7/1/20

ADM File No. 2019-32: Proposed Administrative Order Regarding Professionalism Principles for Lawyers and Judges
This administrative order would list various “Professionalism Principles” for lawyers and judges as submitted by the State Bar of Michigan.
Issued: 3/19/20
Comment Period Expires: 7/1/20

ADM File No. 2020-03: Proposed Administrative Order Regarding Election-Related Litigation
This administrative order would provide requirements and procedural rules to promote the efficient and timely disposition of election-related litigation.
Issued: 3/19/20
Comment Period Expires: 7/1/20

ADM File No. 2020-06: Proposed Amendments of MCR 2.403, 2.404, and 2.405
The proposed amendments were in large part produced by a workgroup convened by the State Court Administrative Office to review and offer recommendations about case evaluation.
Issued: 3/19/20
Comment Period Expires: 7/1/20

Appointments & Assignments 
ADM File No. 2020-01: Appointment of Chief Judge of the 55th District Court (Ingham County)
Issued: 3/19/20
Effective: 3/23/20

ADM File No. 2020-01: Assignment of Business Court Judge in the 7th Circuit Court (Genesee County)
Issued: 3/19/20
Effective: Immediately

Links of Interest

SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
MCL Search Engines