Public Policy Update from the State Bar of Michigan

June 14, 2021
Volume 19, Issue 24

At the Capitol

6/15 Senate Judiciary, 8:30 a.m. MORE
SB 473 (Sen. Roger Victory) Law enforcement: investigations; guidelines for the investigation of officer-involved deaths; require the commission to create.
SB 474 (Sen. Jeremy Moss) Law enforcement: records; use of force records; require to be included in separation of service record.
SB 475 (Sen. Ken Horn) Law enforcement: employment; license of law enforcement officer that used excessive force; revoke.
SB 476 (Sen. Jim Ananich) Law enforcement: other; individuals filing complaints against law enforcement; allow to remain private.
SB 477 (Sen. Adam J. Hollier) Labor: collective bargaining; obligation of bargaining representatives to represent members in grievance proceedings; eliminate in certain circumstances.
SB 478 (Sen. Jim Runestad) Law enforcement: other; use of pressure to the throat or windpipe by law enforcement; prohibit under certain circumstances.
SB 479 (Sen. Erika Geiss) Criminal procedure: warrants; execution of search warrants; modify.
SB 480 (Sen. Ruth A. Johnson) Law enforcement: training; duty to intervene policy; require law enforcement agencies to adopt.
SB 481 (Sen. Stephanie Chang) Law enforcement: other; use of force policies; require law enforcement agencies to create.
SB 482 (Sen. Jeff Irwin) Law enforcement: training; mental health and law enforcement response training; require for law enforcement officers.
SB 483 (Sen. Michael D. MacDonald) Law enforcement: other; research study and analysis identifying barriers in the recruitment of law enforcement officer; require the commission to conduct.
SB 484 (Sen. Marshall Bullock) Crimes: other; tampering with evidence by law enforcement officer with specific intent; prohibit, and provide penalties.
SB 375 (Sen. Sylvia Santana) Law enforcement: training; law enforcement agencies that fund police training for recruits; allow agreements requiring reimbursement in certain situations.

6/15 House Judiciary, 8:45 a.m. MORE
HB 4033 (Rep. Scott VanSingel) Corrections: private facilities; prohibiting certain conduct relating to a prisoner in a correctional facility; expand to correctional facilities operated by a private contractor.
HB 4034 (Rep. Scott VanSingel) Crimes: trespassing; trespassing on property of a state correctional facility; expand.
HB 4071 (Rep. Bronna Kahle) Crimes: abuse; abuse of a vulnerable child as second degree child abuse; include.
HB 4072 (Rep. Julie Calley) Criminal procedure: sentencing guidelines; sentencing guidelines for abuse of vulnerable child; enact.
HB 4222 (Rep. Graham Filler) Courts: judges; procedure for certain circuit court judges to sit as judges of the court of claims; establish.
SBM Position on HB 4222: Support.
HB 4223 (Rep. David LaGrand) Courts: judges; procedure for certain circuit court judges to sit as judges of the court of claims; establish.
SBM Position on HB 4223: Support.
HB 4719 (Rep. Robert Bezotte) Corrections: state facilities; certain individuals to immediately be housed in department of corrections; require.
SB 408 (Sen. Roger Victory) Civil procedure: other; new trial; revise procedure for granting.
SBM Position on SB 408: Oppose.
Appellate Practice Section Position on SB 408: Oppose.
Negligence Law Section Position on SB 408:
Presentation on Michigan Treatment Courts by Hon. Harvey J. Hoffman (ret.)-Legislative Director for Michigan Association of Treatment Court Professionals.

6/17 Senate Local Government, 2:00 p.m. MORE
Agenda Item of Interest:
SB 259 (Sen. Sylvia Santana) Civil procedure: other; requirements for publication of legal notices in the revised judicature act; amend.

Legislation Introduced
Recently, bills were introduced in the following areas of law:

At the Court

Administrative Order
ADM File No. 2020-08: Amendment of Administrative Order No. 2020-21 (Order Allowing Notice of Filing to Extend Filing Period in Michigan Supreme Court and Michigan Court of Appeals and a six-month period to request counsel) Extending notice of filing procedure until June 15, 2021, and extending six-month period for request of counsel until further order of the Court
Issued: 6/9/21
Effective: Immediately, and retroactive to 6/1/21

Rule Amendment 
ADM File No. 2020-26: Amendments of MCR 1.109, 8.119, and Administrative Order No. 1999-4
The amendments of MCR 1.109 and 8.119 and Administrative Order No. 1999-4 allow SCAO flexibility in protecting an individual’s personal identifying information and clarify when a court is and is not required to redact protected personal identifying information.
Issued: 6/9/21
Effective: 7/1/21

Proposed Amendments 
ADM File No. 2020-29: Proposed Amendment of Rule 410 of the Michigan Rules of Evidence
The proposed amendments in this file would add vacated pleas to the list of guilty pleas that may not be used against defendant. Also, the proposed addition of a reference to MCR 6.310 in subsection (3) would add a prohibition on using a statement made during defendant’s withdrawal of plea to the prohibition on using statements made under MCR 6.302 in entering a plea, which would make the rule more consistent with FRE 410.
Issued: 6/9/21
Comment Period Expires: 10/1/21

ADM File No. 2020-13: Proposed Amendment of MCR 6.005
The proposed amendment of MCR 6.005 would clarify the duties of attorneys in preconviction appeals.
Issued: 6/9/21
Comment Period Expires: 10/1/21

At the Bar

The Board of Commissioners met on June 11, 2021 at which time the State Bar of Michigan adopted the following public policy positions:

ADM File No. 2002-37: Proposed Amendment of MCR 1.109
The proposed amendment of MCR 1.109 would address e- Filing issues relating to updating authorized user accounts and e-service of documents that are returned as undeliverable to a registered e-mail address.
SBM Position: Support the proposed amendments to Rule 1.109(G)(1)(a) and (G)(3)(j) but oppose the proposed amendments to (G)(6)(a)(iv) concerning the treatment of undeliverable email.

ADM File No. 2020-36: Proposed Amendments of MCR 3.903, 3.966, 3.975, and 3.976
The proposed amendments of MCR 3.903, 3.966, 3.975, and 3.976 would make procedural changes for cases involving the placement of foster care children in a qualified residential treatment program as required by state and federal statutory revisions.
SBM Position: Support.

ADM File No. 2021-09: Amendments of MCR 3.903 and 3.925
The amendments of MCR 3.903 and 3.925 make the rules consistent with MCL 712A.28(5)(d) by requiring that previously-public juvenile case records be made nonpublic and accessible only to those with a legitimate interest. The effective date makes the rule change consistent with the statutory revision effective date in 2020 PA 362.
SBM Position: Support.

ADM File No. 2021-09: Amendment of MCR 3.944
The amendment of MCR 3.944 incorporates new requirements for courts that detain juvenile status offender violators in secure facilities, in accordance with MCL 712A.15(3) and MCL 712A.18(1)(k). The effective date of these amendments is consistent with the effective date of the new statutory provisions included in 2020 PA 389.
SBM Position: Support the amendment to Rule 3.944 and recommend that the rule include (1) more specific criteria about the qualifications of the person conducting the mental health or substance abuse assessment and (2) that the assessment is done in a culturally honoring manner.

ADM File No. 2018-29: Proposed Amendments of MCR 6.302 & 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.
SBM Position: Oppose.

HB 4164 (Berman) Courts: records; online attorney access to court actions and filed documents without fees; provide for. Amends secs. 1985 & 1991 of 1961 PA 236 (MCL 600.1985 & 600.1991) & adds sec. 1991a.
SBM Position: Support the concept of making court records available electronically to the public, and encourage the legislature and courts to work together to devise a way to make records accessible to the public as it improves functioning of the courts and increases access to justice.

SB 408 (Victory) Civil procedure: other; new trial; revise procedure for granting. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 309a.
SBM Position: Oppose.


PMRC Webinar – Ethics of E-DISCOVERY

The SBM is hosting its latest webinar: Ethics of E-DISCOVERY, offering presentations on the ethical use of technology, practice management, and risk management.

Links of Interest

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