October 19, 2020
Volume 18, Issue 42

At the Capitol

The House and Senate are scheduled to be in session this week on Wednesday, October 21.
House Schedule
Senate Schedule

10/21 Senate Judiciary & Public Safety, 12:30 p.m. MORE
HB 4700 (Rep. Mary Whiteford) Corrections: other; mental health discharge planning; provide for.
HB 5137 (Rep. Julie Alexander) Crimes: controlled substances; crime of manufacturing, delivering, or possession of with intent to deliver heroin or fentanyl; modify to reflect changes in sentencing guidelines.
HB 5138 (Rep. Joseph Tate) Crimes: controlled substances; sentencing guidelines for delivering, manufacturing, or possessing with intent to deliver heroin or fentanyl; amend.
SB 1193 (Sen. Kimberly A. LaSata) Criminal procedure: evidence; time period sexual assault kit evidence must be stored; modify.
SB 1194 (Sen. Lana Theis) Criminal procedure: evidence; time periods for transfer and analysis of sexual assault kit evidence; modify.
SB 1195 (Sen. Paul Wojno) Criminal procedure: evidence; notification to victim required before destruction or disposal of sexual assault kit evidence; modify.

Legislation Introduced 10/13 - 10/15
Last week bills were introduced in the following areas of law:

Legislative Action Last Week:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.
HB 4035 (Regulating Dogs Based Upon Breed or Perceived Breed) passed the House 88 to 13 on October 13.
Animal Law Section Position on HB 4035: Support.

HB 5850 (Support and Parenting Time Enforcement Act) was reported out of the Senate Committee on Judiciary & Public Safety as substitute S-1 on October 13. It now moves onto the Senate floor.
Family Law Section Position on HB 5850: Oppose.

At the Court

Supreme Court Announces Appointments and Reappointments to Attorney Discipline Board

Michigan Supreme Court Announces November 10 & 12, 2020 Oral Arguments Schedule

Supreme Court Appoints Judge Michael Warren to Oakland Business Court

More Than $16 Million Awarded to Problem-Solving Courts Statewide

ADM File No. 2020-01: Assignment of Business Court Judge in the 6th Circuit Court (Oakland County)
Issued: 10/14/20
Effective: 1/1/21

ADM File No. 2020-01: Assignment of Business Court Judge in the 31st Circuit Court (St. Clair County)
Issued: 10/14/20
Effective: 1/1/21

Proposed Administrative Order 
ADM File No. 2020-25: Proposed Addition of Administrative Order No. 2020-X
The proposed administrative order would replace the current administrative order regarding distribution of funds from the Lawyer Trust Account Program that was adopted more than 20 years ago. The distribution would remain largely the same as it is now: 70 percent to support delivery of civil legal services to the poor, 15 percent to promote improvements in the administration of justice, 10 percent to support increased access to justice (including racial, gender, and ethnic equality), and 5 percent for support of the activities of the Michigan Supreme Court Historical Society. What would be different is that in paragraph three, funds would be used to support increased access to justice generally with specific reference to racial, gender, and ethnic equality, instead of reference to the long-defunct task forces on Gender Issues in the Courts and Racial/Ethnic Issues in the Court. Those issues will continue to be a focus of the money to be spent, but will be able to include additional recommendations. Further, the money could be spent as directed by the State Court Administrator, instead of being spent “within the judiciary,” which unnecessarily restricts the ability to fund programs that exist outside the judiciary but fit within the funding parameters. Finally, the proposed AO would establish a cap on funding for the Michigan State Historical Society to reflect what are likely largely fixed costs for operational expenses; the remainder would be split among the remaining recipients.
Issued: 10/14/20
Comment Period Expires: 2/1/20

At the Bar

Scams Targeting Attorneys Reported in Michigan

Celebrating the 50-Year Golden Honorees of 2020

Links of Interest

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