September 20, 2021
Volume 19, Issue 38

At the Capitol

House Session Schedule
Senate Session Schedule

9/21 House Judiciary, 9:00 a.m. MORE
Agenda:
HB 4003 (Rep. Matt Hall) Weapons: licensing; penalty for failure to comply with certain licensing requirements; modify.
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 4847 (Rep. Graham Filler) Probate: guardians and conservators; requirements to be appointed as guardian or conservator; modify.
Elder Law & Disability Rights Section: Support Improving the Due Process Rights of Individuals in Guardianship Proceedings.
HB 4848 (Rep. Graham Filler) Probate: guardians and conservators; duties of guardians, conservators, and guardian ad litem; modify.
HB 4849 (Rep. Kyra Bolden) Probate: guardians and conservators; appointment; modify procedure.
HB 4850 (Rep. Rodney Wakeman) Probate: guardians and conservators; appointment of a temporary guardian; modify procedure, and modify procedure for removing a conservator.
HB 4853 (Rep. Mary Whiteford) Health: medical records; provision for the protection, retention, and maintenance of medical records referencing a vaginal or anal penetration treatment for 15 years by a health professional and health facility or agency; implement, and require certain boards to provide guidance to licensees on medical services involving vaginal or anal penetration.
HB 4855 (Rep. Roger Hauck) Criminal procedure: sentencing guidelines; sentencing guidelines for the crime of intentionally failing to document certain services in a medical record; enact.
HB 4857 (Rep. Annette Glenn) Health occupations: health professionals; permanent revocation of license or registration if convicted of sexual conduct under pretext of medical treatment; provide for.
HB 4858 (Rep. Daire Rendon) Health occupations: health professionals; permanent revocation of license or registration if convicted of sexual conduct under pretext of medical treatment; provide for.

Complete Committee Meeting List

At the Court

Public Administrative Hearing Scheduled
The Michigan Supreme Court has scheduled a public administrative hearing for Wednesday, September 22, 2021. The agenda is available here. The hearing will be held via Zoom, beginning at 9:30 a.m. and will end no later than 11:30 a.m.

Proposed Amendments
ADM File No. 2021-25: Proposed Amendment of Rule 19 of the Rules Concerning the State Bar of Michigan
The proposed amendment of Rule 19 of the Rules Concerning the State Bar of Michigan would create an explicit provision regarding confidentiality of information.
Issued: 9/15/21
Comment Period Expires: 1/1/22

ADM File No. 2021-33: Proposed Amendment of Administrative Order No. 1997-10
The proposed amendment of Administrative Order No. 1997-10 would clarify which information about jobs within the judiciary would be available to the public and the manner in which it will be made available.
Issued: 9/15/21
Comment Period Expires: 1/1/22

ADM File No. 2021-34: Proposed Amendment of MCR 5.125
The proposed amendment of MCR 5.125 would add the community mental health program as an interested person to be served a copy of the court’s order when assisted outpatient treatment is ordered.
Issued: 9/15/21
Comment Period Expires: 1/1/22

ADM File No. 2018-26: Proposed Amendment of MCR 6.502
The proposed amendment of MCR 6.502 would make the rule consistent with the Court’s ruling in People v Washington, ___Mich___(2021) by allowing a defendant to file a second or subsequent motion for relief from judgment based on a claim of a jurisdictional defect in the trial court when the judgment was entered. Although the Court’s analysis in Washington related specifically to subject matter jurisdiction, reference to “jurisdictional defect” is consistent with MCR 6.508(D).  
Issued: 9/15/21
Comment Period Expires: 1/1/22

Appointments
ADM File No. 2021-01: Appointments to the Attorney Discipline Board
On order of the Court, pursuant to MCR 9.110, Peter A. Smit (attorney member) is reappointed to the Attorney Discipline Board for a term commencing on October 1, 2021 and ending on October 1, 2024. Jason M. Turkish (attorney member) and Dr. Louis J. Prues (layperson member) are appointed to the Attorney Discipline Board for terms commencing on October 1, 2021 and ending on October 1, 2024.
Michael B. Rizik, Jr. is appointed as chairperson and Dr. Linda Hotchkiss is appointed vice-chairperson of the board for terms commencing on October 1, 2021 and ending October 1, 2022.
Issued: 9/15/21
Effective: 10/1/21

ADM File No. 2021-01: Appointments to the Attorney Grievance Commission
On order of the Court, pursuant to MCR 9.108, Latoya M. Willis (attorney member) is reappointed to the Attorney Grievance Commission for a term commencing on October 1, 2021 and ending on October 1, 2024. Kathleen Hickey (attorney member) and Wallace E. Smith (layperson member) are appointed to the Attorney Grievance Commission for terms commencing on October 1, 2021 and ending on October 1, 2024.
Thomas G. Kienbaum is appointed as chairperson and J. Paul Janes is appointed vice-chairperson of the commission for terms commencing on October 1, 2021 and ending October 1, 2022.
Issued: 9/15/21
Effective: 10/1/21

ADM File No. 2021-01: Appointments to the State Bar of Michigan Board of Commissioners
Issued: 9/15/21
Effective: On adjournment of the 2021 annual meeting of the outgoing Board of Commissioners
On order of the Court, pursuant to State Bar Rule 5, Section 2, Delphia Simpson and Danielle Walton are appointed and Valerie R. Newman is reappointed after serving a partial term as commissioners-at-large of the State Bar of Michigan Board of Commissioners to serve three-year terms commencing on adjournment of the 2021 annual meeting of the outgoing Board of Commissioners.

ADM File No. 2021-01: Appointment to the Foreign Language Board of Review
On order of the Court, pursuant to MCR 8.127(A) and effective immediately, George M. Strander (court administrator member) is appointed to the Foreign Language Board of Review for the remainder of a term expiring on December 31, 2022.
Issued: 9/15/21
Effective: Immediately

ADM File No. 2021-01: Appointment to the Michigan Tribal State Federal Judicial Forum
On order of the Court, pursuant to Administrative Order No. 2014-12 and effective immediately, Hon. Kelley R. Kostin is appointed to the Michigan Tribal State Federal Judicial Forum for the remainder of a partial term ending on July 1, 2022.
Issued: 9/15/21
Effective: Immediately

Rule Amendments
ADM File No. 2020-08: Amendment of MCR 6.425
The amendment of MCR 6.425 corrects a provision from this Court’s July 26, 2021 order that rescinded pandemic-related administrative orders and instead reformatted the substantive provision into court rule format. This court rule provision is now consistent with the last version of Administrative Order No. 2020-21 prior to its rescission.
Issued: 9/15/21
Effective: 7/26/21

ADM File No. 2021-45: Adoption of Administrative Order No. 2021-5
Issued: 9/18/21
Effective: Immediately

At the Bar

The Board of Commissioners met on September 17, 2021 at which time the State Bar of Michigan adopted the following public policy positions:

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.
SBM Position: Support.

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.
SBM Position: Support.

HB 4620 (Lightner) Criminal procedure: indigent defense; indigent defense department; create. Creates new act.
SBM Position: Support the bill in principle but oppose as drafted.

M Crim JI Chapter 2
The Committee on Model Criminal Jury Instructions proposes a revision of Chapter 2 (Procedural Instructions) of the Model Criminal Jury Instructions. The current instructions have evolved over several decades with a number of additions, and have become quite repetitious. The Committee offers a slight re-write and re-organization of the procedural instructions that reduces linguistic duplication and flows more logically.
The instructions below are divided into two sets on the site in hopes of making them more convenient to compare and review. They are preceded by a summary of the changes being proposed (pages 2-3). The first set of instructions (pages 4-14) are the current instructions, M Crim JI 2.1 through 2.26. Those are followed (pages 16-27) by the proposed revised procedural instructions, M Crim JI 2.1 through 2.28, including two new instructions: M Crim JI 2.2 (Written Copy of Instructions per MCR 2.513(D)) and M Crim JI 2.13 (Notifying Court of Inability to Hear or See Witness).
SBM Position: Support.

M Crim JI 37.12, 37.13, and 37.14
The Committee proposes new instructions, M Crim JI 37.12 [Jury Tampering: MCL 750.120a(1)], M Crim JI 37.13 [Jury Tampering Through Intimidation: MCL 750.120a(2)], and M Crim JI 37.14 [Retaliating Against a Juror: MCL 750.120a(4)] for the crimes found in the Bribery and Corruption chapter of the Penal Code.
SBM Position: Support.

M Crim JI 38.2, 38.3, and 38.3a
The Committee proposes new instructions, M Crim JI 38.2 [Hindering Prosecution of Terrorism (MCL 750.543h)], M Crim JI 38.3 [Soliciting Material Support for an Act of Terrorism (MCL 750.543k)], and M Crim JI 38.3a [Providing Material Support for an Act of Terrorism (MCL 750.543k)] for crimes found in the Michigan Anti-Terrorism Act.
SBM Position: Support.

NEWS
PMRC Virtual Seminar: Creating a Practice You Deserve
Get the marketing and branding tools you need to promote your practice in this virtual seminar 2-3 p.m. Sept. 28.

SBM’s Member Directory Gets New Look
The online Member Directory has a new look, additional features, and better mobile compatibility.

Judicial Vacancies—Cass County & Kalamazoo County
Applications must be submitted electronically and received by 5:00 p.m. on Friday, September 24, 2021.

Lawyers invited to join new virtual support group focusing on wellness
The State Bar of Michigan's next virtual support group for attorneys launches soon.

SBM Honors Former Michigan Attorney General Frank Kelley with a Video
Former Attorney General Frank Kelley has been named the 42nd Michigan Legal Milestone, an honor reserved for the most impactful people and events in Michigan legal history.

Links of Interest

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