Public Policy Update from the State Bar of Michigan

July 25, 2022
Volume 20, Issue 30

In the Capitol

The House and Senate will be in session next on Wednesday, August 17.
House Session Schedule
Senate Session Schedule

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

At the Court

Former Lenawee Court Administrator/Friend of the Court Director Named New SCAO Region 2 Administrator

At the Bar

The Board of Commissioners met on July 22, 2022 at which time the State Bar of Michigan adopted the following public policy positions:

ADM File No. 2002-37: Amendment of MCR 1.109
The amendment of MCR 1.109 provides an e-filing court with the authority to determine the most appropriate means of sending notices and other court-issued documents that are generated from its case management or local document management system.
SBM Position: Support.

ADM File No. 2002-37/2017-28: Amendments of MCR 1.109 and 8.119
The amendments of MCR 1.109 and MCR 8.119 aid in protecting personal identifying information included in Uniform Law Citations, proposed orders, and public documents filed with or submitted to the court.
SBM Position: Support.

ADM File No. 2021-17: Proposed Rescission of Administrative Order No. 1998-1 and Proposed Amendment of MCR 2.227
The proposed rescission of Administrative Order No. 1998-1 and proposed amendment of MCR 2.227 would move the relevant portion of the administrative order into court rule format and make the rule consistent with the holding in Krolczyk v Hyundai Motor America, 507 Mich 966 (2021).
SBM Position: Support and recommend that the Court give consideration to the potential conflict in the Rules regarding jury demands in transferred cases.

ADM File No. 2022-06: Proposed Amendment of MCR 3.101
The proposed amendment of MCR 3.101 would allow writs of garnishment to be served electronically on the Department of Treasury, subject to current e-filing requirements and guidelines established by the Department of Treasury.
SBM Position: Support.

ADM File No. 2021-21: Proposed Amendment of MCR 3.613
The proposed amendment of MCR 3.613 would clarify the process courts must use after receiving a request not to publish notice of a name change proceeding and to make the record confidential.
SBM Position: Support the amendment to MCR 3.613 and recommend that the Court make the determination of good cause required by the proposed amendment presumptive for persons whose name change is sought for affirmation of gender identity, and for victims of human trafficking and domestic violence. Also recommend that language be added to the rule to provide for Court-approved alternative service for the notice of a hearing to noncustodial parents, rather than requiring publication of such notice in a newspaper, and to further recommend that such notice not include a minor child’s name.

ADM File No. 2020-33: Proposed Amendment of MCR 3.903
The proposed amendment of MCR 3.903 would clarify the definition of a party in child protective proceedings.
SBM Position: Support.

ADM File No. 2021-18: Proposed Amendment of MCR 3.943
The proposed amendment of MCR 3.943 would update the definition of “firearm” in juvenile proceedings to be consistent with MCL 8.3t, which contains the definition referenced in the court rule’s companion statute, MCL 712A.18g.
SBM Position: Support.

ADM File No. 2021-16: Proposed Amendment of MCR 7.305
The proposed amendment of MCR 7.305 would clarify that the 28- day timeframe for filing an application for leave to appeal applies to cases where the respondent’s parental rights have been terminated.
SBM Position: Support the clarification of MCR 7.305 but recommend that the timeframe for filing an application for leave to appeal be made consistent for all civil appeals, including appeals from orders terminating parental rights, at 42 days.

ADM File No. 2021-13: Proposed Amendment of MCR 8.119
The proposed amendment of MCR 8.119 would clarify that a request for a fee waiver must be filed in accordance with MCR 2.002(B), which requires the request to be made on a form approved by the State Court Administrative Office.
SBM Position: Support.


Scam alert: Fraudulent email
The email claims to be a GoFundMe to raise money for “Bob,” allegedly the child of a member of the State Bar of Michigan.

Links of Interest

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