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June 17, 2022
Volume 20, Issue 25
The State Bar of Michigan will be closed on Monday, June 20, in observance of Juneteenth.
In the Capitol
6/21 House Judiciary, 9:00 a.m. MORE
Agenda:
HB 4847 (Rep. Graham Filler) Probate: guardians and conservators; requirements to be appointed as guardian or conservator; modify.
Elder Law & Disability Rights Section Position HB 4847: Support improving the due process rights of individuals in guardianship proceedings.
Probate & Estate Planning Section Position on HB 4847: Support the principle and oppose as drafted.
HB 4848 (Rep. Graham Filler) Probate: guardians and conservators; duties of guardians, conservators, and guardian ad litem; modify.
Probate & Estate Planning Section Position on HB 4848: Support the principle and oppose as drafted.
HB 4849 (Rep. Kyra Bolden) Probate: guardians and conservators; appointment; modify procedure.
Probate & Estate Planning Section Position on HB 4849: Support the principle and oppose as drafted.
HB 4850 (Rep. Rodney Wakeman) Probate: guardians and conservators; appointment of a temporary guardian; modify procedure, and modify procedure for removing a conservator.
Probate & Estate Planning Section Position on HB 4850: Support the principle and oppose as drafted.
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.
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.
SB 406 (Sen. Tom Barrett) Corrections: state facilities; certain individuals to immediately be housed in department of corrections; require.
Complete Committee Meeting List
Legislative Action Last Week:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.
HB 4416 (A Bill to Prohibit Certain Restrictive Covenants in Deeds) passed the House 105 to 0 on June 15th. It has now moved onto the Senate Committee on Local Government.
Real Property Law Section Position on HB 4416: Oppose.
HB 4640 (Child Abuse & Neglect Prevention Act) has been read a second time in the Hou se and placed on the order of third reading.
Family Law Section Position on HB 4640: Oppose.
HB 4703 (The Michigan Penal Code, Care & Treatment of Forfeited Animals) was reported out of the Senate Committee on Judiciary and Public Safety on June 15th. It now moves onto the Senate floor.
Animal Law Section Position on HB 4703: Support.
HB 4704 (The Michigan Penal Code, Care & Treatment of Forfeited Animals) was reported out of the Senate Committee on Judiciary and Public Safety on June 15th. It now moves onto the Senate floor.
Animal Law Section Position on HB 4704: Support.
HB 5117 (Estates & Protected Individuals Code, Funeral Representative) was reported out of the Senate Committee on Judiciary and Public Safety on June 15th as Substitute S-2. It now moves onto the Senate floor.
Elder Law & Disability Rights Section Position on HB 5117: Oppose with Recommended Amendments.
HB 5512 (Michigan Medical Marihuana Act, Drug Treatment Courts) was reported out of the Senate Committee on Regulatory Reform without amendment on June 15th. It now moves onto the Senate floor.
SBM Position on HB 5512: Support.
HB 5681 (William Van Regenmorter Crime Victim's Rights Act, Victim Impact Statements) passed the House 105 to 9 on June 15th. It has now moved onto the Senate Committee on Judiciary and Public Safety.
SBM Position on HB 5681: Support.
HB 5749 (Revised Judicature Act of 1961, Compensation for District Court Judges) was reported out of the Senate Committee on Judiciary and Public Safety on June 15th without amendment. It now moves onto the Senate floor.
SBM Position on HB 5681: Support.
SB 1027 (The Code of Criminal Procedure, Prison Diversion Program) was reported out of the Senate Committee on Judiciary and Public Safety on June 15th as Substitute S-1. It now moves onto the Senate floor.
Criminal Law Section Position on SB 1027: Support.
Legislation Introduced
Recently bills were introduced in the following areas of law:
At the Court
Rule Amendments
ADM File No. 2020-15: Amendment of Rule 2 and Addition of Rule 21 of the Rules Concerning the State Bar of Michigan and Amendment of MCR 9.119 and Addition of Subchapter 9.300 of the Michigan Court Rules
Beginning in 2023, these amendments impose new obligations on private practice attorneys and the State Bar of Michigan with regard to identifying, designating, and serving as Interim Administrators when an attorney becomes unable to practice.
Issued: 6/15/22
Effective: 9/1/23
Proposed Amendments
ADM File No. 2022-09: Proposed Amendment of MCR 3.703
The proposed amendment of MCR 3.703 is necessary for design and implementation of the statewide electronic-filing system, will provide the court with necessary PPII in an appropriate format, and will reduce workload preparing personal protection orders. This particular amendment aligns with the Court’s recent amendment of MCR 1.109(D)(9)(b)(iii), allowing proposed orders submitted to the court to contain protected personal identifying information (PPII), which the courts will continue to protect as if prepared or issued by the court under MCR 8.119(H)(5).
Issued: 6/15/22
Comment Period Expires: 10/1/22
ADM File No. 2021-29: Proposed Amendment of MCR 6.201
The proposed amendment of MCR 6.201 would require redaction of certain information contained in a police report or interrogation record before providing it to the defendant.
Issued: 6/15/22
Comment Period Expires: 10/1/22
ADM File No. 2021-48: Proposed Amendment of MCR 6.502
The proposed amendment of MCR 6.502 would allow a third exception to the “one and only one motion” rule based on a final court order vacating one or more of a defendant’s convictions either described in the judgment or upon which the judgment was based.
Issued: 6/15/22
Comment Period Expires: 10/1/22
ADM File No. 2021-39: Proposed Amendment of MCR 7.215
The proposed amendment of MCR 7.215 would codify the Court of Appeals’ practice for reissuing opinions and orders.
Issued: 6/15/22
Comment Period Expires: 10/1/22
Appointments
ADM File No. 2022-01: Appointment of Chief Judge of the 27th Circuit Court, the 78th District Court, and the Newaygo County Probate Court
Issued: 6/15/22
Effective: 7/1/22
ADM File No. 2022-01: Appointment of Chief Judge of the 51st Circuit Court, the 79th District Court, the Mason County Probate Court, and the Oceana County Probate Court
Issued: 6/15/22
Effective: 7/1/22
ADM File No. 2022-01: Appointment of Chief Judge of the Lake County Trial Court
Issued: 6/15/22
Effective: 7/1/22
ADM File No. 2022-01: Appointment to the Justice For All Commission
Issued: 6/15/22
Effective: Immediately
ADM File No. 2022-01: Appointments to the Michigan Tribal State Federal Judicial Forum
Issued: 6/15/22
Effective: 7/1/22
ADM File No. 2022-01: Assignment to the Oakland County Business Court
Issued: 6/15/22
Effective: Immediately
ADM File No. 2022-01: Appointments to the Commission on Diversity, Equity, and Inclusion in the Michigan Judiciary
Issued: 6/16/22
Effective: Immediately
NEWS
Courts, Agencies to Gather in Lansing to Celebrate Family Reunification
At the Bar
NEWS
Vacancy Notice: ABA House of Delegates
The State Bar Board of Commissioners is seeking applications for an ABA House of Delegates – State Bar Delegate vacancy.
Law Enforcement and Bias Awareness: What Lawyers Should Know
As the law enforcement community grapples with unconscious bias and its impact, the issue is also increasingly becoming a factor in subsequent legal actions.
Links of Interest
SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
MCL Search Engines
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