Public Policy Update from the State Bar of Michigan

July 26, 2021
Volume 19, Issue 30

At the Capitol

House Session Schedule
Senate Session Schedule

Legislative Action Last Week:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.
SB 408 (Revised Judicature Act of 1961, Procedure for Granting New Trial) passed the House, 93 to 15, as substitute H-4 on July 21st. The bill returns to the Senate for concurrence.

At the Bar

The Board of Commissioners met on July 23, 2021 at which time the State Bar of Michigan adopted the following public policy positions:
ADM File No. 2021-12: Proposed Amendments of MCR 2.117, 3.708, 3.951, 6.005, 6.104, 6.445, 6.610, 6.625, 6.905, 6.907, 6.937, and 6.938
The proposed amendments would generally shift the responsibility for appointment of counsel for an indigent defendant in a criminal proceeding to the local funding unit’s appointing authority. These proposed amendments were submitted by the Michigan Indigent Defense Commission, and are intended to implement recently-approved Standard Five of the MIDC Standards.
SBM Position: Support, with an amendment that when the appointing authority assigns an individual attorney, that attorney should file their appearance indicating they are now the attorney of record.

ADM File No. 2020-36: Proposed Amendment of MCR 3.945 and Proposed Addition of MCR 3.947
The proposed amendment of MCR 3.945 and the proposed addition of MCR 3.947 would make procedural changes involving the placement of foster care children in a qualified residential treatment program as required by newly-enacted 2021 PA 5.
SBM Position: Support.

ADM File No. 2019-06: Proposed Amendments of MCR 6.302 and 6.310
The proposed amendment of MCR 6.302 would eliminate the Court’s previously-adopted language requiring a trial court to advise defendant whether the law permits or requires the court to sentence defendant consecutively. This language was added following the Court’s opinion in People v Warren. However, in considering the practical application of that language, it may be more appropriate to allow a defendant to withdraw a plea under MCR 6.310 if such advisement is not given rather than require an advisement in all cases. Thus, the proposal would add language providing for such an outcome in MCR 6.310 instead of imposing an advisement in all cases under MCR 6.302.
SBM Position: Oppose.

ADM File No. 2021-14: Proposed Administrative Order No. 2021-X
This administrative order would make it mandatory for all courts to submit case information to the Judicial Data Warehouse in a uniform manner as required by SCAO.
SBM Position: Support.

ADM File No. 2021-15: Addition of MCR 8.128
The addition of MCR 8.128 establishes the Michigan Judicial Council to strategically plan for Michigan’s Judiciary.
SBM Position: Support.

ADM File No. 2019-34: Proposed Amendments of Rule 2, 3, 4, 5, 6, and 7 and Proposed Addition of Rule 3a and Rule 4a of the Rules for the Board of Law Examiners
The proposed amendments would implement a Uniform Bar Examination in Michigan
SBM Position: Support.

M Crim JI 25.7 The Committee proposes a new instruction, M Crim JI 25.7 [Trespassing], for the crimes delineated in MCL 750.552.
SBM Position: Support.

Links of Interest

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