Public Policy Update from the State Bar of Michigan

March 29, 2021
Volume 19, Issue 13

At the Capitol

The House of Representatives and Senate are scheduled to be in session next on Tuesday, April 13th.
House Schedule
Senate Schedule

At the Court

Rule Amendments
ADM File No. 2019-48: Amendment of MCR 1.109
The amendment of MCR 1.109 requires a signature from an attorney of record on documents filed by represented parties. This language was inadvertently eliminated when MCR 2.114(C) was relocated to MCR 1.109 as part of the eFiling rule changes.
Issued: 3/24/21
Effective: 5/1/21

ADM File No. 2020-20: Amendment of MCR 2.105
The amendment of MCR 2.105 establishes the manner of service on limited liability companies.
Issued: 3/24/21
Effective: 5/1/21

ADM File No. 2020-22: Retention of Amendment of MCR 6.110
On order of the Court, notice and an opportunity for comment having been provided, the November 18, 2020 amendment of Rule 6.110 of the Michigan Court Rules is retained.  
Issued: 3/24/21
Effective: Immediately

ADM File No. 2020-07: Amendment of MCR 6.502
The amendment of MCR 6.502 addresses the issue of a court’s recharacterization of a defendant’s motion for relief from judgment that is styled as something other than a motion for relief from judgment. The court is required to notify the defendant of its intent to recharacterize the motion and allow the defendant an opportunity to withdraw or amend the motion.  
Issued: 3/24/21
Effective: 5/1/21

ADM File No. 2020-24: Amendment of Rule 7 of the Rules Concerning the State Bar of Michigan
The amendment of Rule 7 of the Rules Concerning the State Bar of Michigan ensures that all main officers (president, vice-president, treasurer, and secretary) can move sequentially through the leadership roles of the Board of Commissioners, as long as the extension of terms is approved by the Bar’s Board of Commissioners. The proposal was submitted by the State Bar of Michigan.  
Issued: 3/24/21
Effective: 5/1/21

ADM File No. 2019-09: Amendments of Various Rules: Housekeeping
Issued: 3/25/21
Effective: 3/24/21

ADM File No. 2020-08: Amendment of Administrative Order No. 2020-21 Extending Effective Date to May 3, 2021
Issued: 3/29/21
Effective: Immediately

Proposed Amendments
ADM File No. 2018-29: Proposed Amendments of MCR 6.302 and 6.610
The proposed amendments of MCR 6.302 and MCR 6.610 would eliminate the ability for a court to establish support for a finding that defendant is guilty of the offense charged as opposed to an offense to which defendant is pleading guilty or nolo contendere. The sentencing guidelines make clear that offense variables are to be scored on the basis of the “sentencing offense alone,” not the charged offense. Further, an “offense to which defendant is pleading” would include the charged offense (if defendant is pleading to the charged offense) as well as any other offense that may have been offered by the prosecutor, so the “charged offense” clause may well be unnecessary.
Issued: 3/25/21
Comment Period Expires: 7/1/21

ADM File No. 2021-01: Appointment of Chief Judge of the Alpena/Montmorency Courts
Issued: 3/24/21
Effective: 4/1/21

At the Bar

April 25 Representative Assembly Agenda
The Representative Assembly will be meeting on Saturday, April 24, 2021. The agenda is posted online. Members of the State Bar are invited to submit comments to Representative Assembly on any of the items on the agenda. All comments received by April 22 will be shared with the Assembly.

News Items
Applications for 2021 Pro Bono Honor Roll Due April 19
The Pro Bono Honor Roll publicly recognizes individual attorneys, law firms, and corporations for pro bono service provided in the previous calendar year.

2021 SBM Election Information
Vacancy information and nominating petitions are available in the 2021 State Bar Election Notice.

Links of Interest

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