|
June 13, 2022
Volume 20, Issue 24
The State Bar of Michigan will be closed on Monday, June 20, in observance of Juneteenth.
In the Capitol
6/14 Senate Judiciary, 8:30 a.m. MORE
Agenda:
SB 1027 (Sen. Michael D. MacDonald) Criminal procedure: other; prison diversion program for individuals in the possession of controlled substances; create.
Criminal Law Section Position on SB 1027: Support.
SB 1003 (Sen. Curtis S. VanderWall) Law enforcement: training; definition of peace officer in ORV laws; include.
HB 5117 (Rep. Rodney Wakeman) Probate: other; procedures regarding notice and priority of a funeral representative; modify.
Elder Law & Disability Rights Section Position on HB 5117: Oppose with Recommended Amendments.
HB 4698 (Rep. Thomas Albert) Crimes: penalties; penalties for falsely pulling an active shooter alarm in a public place; provide for.
HB 5749 (Rep. Andrew Fink) Courts: district court; compensation for district court judges; increase.
State Bar of Michigan Position HB 5749: Support.
HB 4703 (Rep. Douglas Wozniak) Crimes: animals; restitution for care and treatment of certain forfeited animals; impose penalty on ownership of animal to person convicted of certain crimes against animal.
HB 4704 (Rep. Douglas Wozniak) Animals: care and treatment; restitution for care and treatment of certain forfeited animals; impose penalties upon owner.
SB 1041 (Sen. Douglas Wozniak) Administrative procedure: exemptions; exemptions to the administrative procedures act; modify.
SB 1042 (Sen. Douglas Wozniak) Retirement: municipal employees; hearings for an individual, participating municipality, or participating court aggrieved by a decision of the system; provide for.
HB 4618 (Rep. Jim Haadsma) Law: uniform or model acts; uniform fraudulent transfer act; update to coincide with qualified dispositions in trust act.
HB 4619 (Rep. Jim Haadsma) Property: personal; determining the period of vesting for future interests; modify.
HB 4195 (Rep. Pamela Hornberger) Family law: marriage and divorce; public disclosure of divorce filings; modify.
Family Law Section Position on HB 4195: Support with Recommended Amendments.
6/14 House Judiciary, 9:00 a.m. MORE
Agenda:
HB 5486 (Rep. Samantha Steckloff) Consumer protection: consumer solicitation; failure of online marketplaces and high-volume third-party sellers to obtain or disclose certain information; make unfair trade practice.
HB 5487 (Rep. Mark Tisdel) Consumer protection: consumer solicitation; high-volume third-party sellers to provide certain information to online marketplaces; require.
SB 1023 (Sen. Roger Victory) Consumer protection: consumer solicitation; high-volume third-party sellers to provide certain information to online marketplaces; require and require disclosures to consumers regarding high-volume third-party sellers on online marketplaces.
SB 1024 (Sen. Curtis Hertel, Jr.) Consumer protection: consumer solicitation; failure of online marketplaces and high-volume third-party sellers to obtain or disclose certain information; make unfair trade practice.
HB 6124 (Rep. Ann Bollin) Elections: challengers; training requirements for election challengers; provide for, and provide for comprehensive election challenger training for county clerks, political parties, and other organizations.
HB 6108 (Rep. Tommy Brann) Tobacco: other; youth tobacco act definition of minor; modify to less than 21 years of age.
HB 6109 (Rep. Tommy Brann) Tobacco: other; exemption from smoking prohibition in public places; modify age.
6/15 Senate Health Policy & Human Services, 8:30 a.m. MORE
Agenda Item of Interest:
HB 5975 (Rep. Laurie Pohutsky) Courts: guardian ad litem; trauma-informed training for lawyer-guardian ad litem; require.
State Bar of Michigan Position HB 5975: Support.
Complete Committee Meeting List
Legislation Introduced
Recently bills were introduced in the following areas of law:
At the Court
Rule Amendments
ADM File No. 2021-07: Addition of Rule 1.19 of the Michigan Rules of Professional Conduct and Official Comment
The addition of new MRPC 1.19 and its Official Comment clarify that a lawyer may only include an arbitration provision in a lawyer-client representation agreement if the client provides informed consent in writing to the provision after being reasonably informed about the scope, advantages, and disadvantages of the provision, or being independently represented.
Issued: 6/8/22
Effective: 9/1/22
ADM File No. 2021-26/2021-42: Adoption of Administrative Order No. 2022-3
This administrative order increases the State Bar’s dues for most members by $100 for a total of $415 per year.
Issued: 6/8/22
Effective: 10/1/22
News
High School Students: There's Still Time to Sign Up for Supreme Court Summer ‘Moot Court’ Program
At the Bar
The Board of Commissioners met on June 10, 2022 at which time the State Bar of Michigan adopted the following public policy positions:
ADM File No. 2021-11: Proposed Amendment of MCR 9.116
The proposed amendment of MCR 9.116 would allow the Attorney Grievance Commission to initiate disciplinary proceedings against a former judge who, but for his or her departure from the bench, would have been removed from office based on misconduct that was the subject of judicial disciplinary proceedings.
SBM Position: Support.
ADM File No. 2021-40: Amendment of BLE 5
The amendment of Rule 5 of the Rules for the Board of Law Examiners specifically allows attorneys who are teaching in a clinical program to represent individual clients of that program.
SBM Position: Support with a recommendation that additional language be added to require an attorney practicing under the authority granted by a special certificate to designate that fact on any filings made when representing clients pursuant to the proposed amendment.
HB 5749 (Fink) Courts: district court; compensation for district court judges; increase. Amends sec. 8202 of 1961 PA 236 (MCL 600.8202).
SBM Position: Support.
HB 5956 (Lightner) Criminal procedure: sentencing; sunset on certain costs that may be imposed upon criminal conviction; modify. Amends sec. 1k, ch. IX of 1927 PA 175 (MCL 769.1k).
SBM Position: Support.
HB 5957 (Lightner) Courts: funding; formula for local court operational needs based; allow the state court administrative office to create. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2406.
SBM Position: Support.
HB 5975 (Pohutsky) Courts: guardian ad litem; trauma-informed training for lawyer-guardian ad litem; require. Amends sec. 17d, ch. XIIA of 1939 PA 288 (MCL 712A.17d).
SBM Position: Support.
HB 5987 (LaGrand) Crime victims: other; restorative justice practices enabling act; create. Creates new act.
SBM Position: Oppose as drafted, but support the concept of restorative justice practices, and urge the creation of a workgroup to further develop the proposed legislation.
SB 1015 (Bayer) Criminal procedure: evidence; admissibility of certain hearsay testimony in certain human trafficking and prostitution prosecutions; provide for. Amend sec. 27c, ch. VIII of 1927 PA 175 (MCL 768.27c).
SBM Position: Oppose.
Spencer Woodman v Dep’t of Corrections (163382)
SBM Position: The Board of Commissioners authorized the State Bar of Michigan, upon the request of the Standing Committee on Justice Initiatives and the Access to Justice Policy Committee, to join an amicus brief, alongside the Michigan State Planning Body and the Legal Services Association of Michigan, in Woodman v Dep’t of Corrections, ___ Mich ___; ___ NW2d ___ (2022) (Docket No. 163382).
NEWS
Fraud alert: Phishing email sent to SBM members
The State Bar of Michigan has received reports of a fraudulent email being sent to Michigan attorneys.
Michigan Supreme Court sets attorney license fees at $415
The MSC today issued Administrative Order 2022-3, supporting a request from the Representative Assembly to increase funding to the SBM for the first time in 18 years.
Links of Interest
SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
MCL Search Engines
|