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September 19, 2022
Volume 20, Issue 37
In the Capitol
9/20 House Judiciary, 11:30 a.m. MORE
Agenda:
HB 6290 (Rep. Pamela Hornberger) Children: protection; videorecorded statements; allow to be used in child protective services hearings, increase fines for improper release of, and require to be retained for certain period of time.
Family Law Section on HB 6290: Support.
HB 6291 (Rep. David LaGrand) Criminal procedure: evidence; consideration of videorecorded statements in certain proceedings; allow.
Family Law Section on HB 6291: Support.
HB 6292 (Rep. Jeff Yaroch) Children: protection; electronic video recording of child interrogations in child protection cases; require.
Family Law Section on HB 6292: Support with Recommended Amendments.
SB 870 (Sen. Jim Runestad) Crimes: larceny; use of a computer or similar technology to program a key code for automobile theft; prohibit, and provide penalties.
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.
9/21 House Judiciary, 9:00 a.m. MORE
Agenda:
HB 6290 (Rep. Pamela Hornberger) Children: protection; videorecorded statements; allow to be used in child protective services hearings, increase fines for improper release of, and require to be retained for certain period of time.
Family Law Section on HB 6290: Support.
HB 6291 (Rep. David LaGrand) Criminal procedure: evidence; consideration of videorecorded statements in certain proceedings; allow.
Family Law Section on HB 6291: Support.
HB 6292 (Rep. Jeff Yaroch) Children: protection; electronic video recording of child interrogations in child protection cases; require.
Family Law Section on HB 6292: Support with Recommended Amendments.
SB 870 (Sen. Jim Runestad) Crimes: larceny; use of a computer or similar technology to program a key code for automobile theft; prohibit, and provide penalties.
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.
House Session Schedule
Senate Session Schedule
At the Court
Public Administrative Hearing
On Wednesday, September 21, 2022, the Court will hold a virtual public administrative hearing via Zoom. A livestream will be on the Court’s YouTube channel. The agenda is available online.
Rule Amendments
ADM File No. 2002-37: Amendment of MCR 1.109
The amendment of MCR 1.109 provides SCAO the flexibility to determine, when appropriate, when certain documents filed on paper do not need to be imported into the MiFILE document management system until bulk e-filing capability is available.
Issued: 9/14/22
Effective: Immediately
Comment Period Expires: 1/1/23
Proposed Amendments
ADM File No. 2021-49: Proposed Amendment of MCR 2.002
The proposed amendment of MCR 2.002 would provide procedural direction to courts regarding prisoner requests for fee waivers in civil actions.
Issued: 9/14/22
Comment Period Expires: 1/1/23
Administrative Orders
ADM File No. 2014-24: Rescission of Administrative Order No. 2015-1
On order of the Court, effective September 16, 2022, Administrative Order No. 2015-1 (Summary Jury Trial Pilot Project) is rescinded.
Issued: 9/14/22
Effective: 9/16/22
Appointments
ADM File No. 2022-01: Appointments to the Attorney Discipline Board
On order of the Court, pursuant to MCR 9.110, Tish Vincent (attorney member), Katherine M. Stanley (attorney member), and Dr. Andreas Sidiropoulos (layperson member) are appointed to the Attorney Discipline Board for terms commencing on October 1, 2022 and ending on September 30, 2025. Dr. Linda Hotchkiss is appointed as chairperson and Alan M. Gershel is appointed as vice-chairperson of the board for terms commencing on October 1, 2022 and ending September 30, 2023.
Issued: 9/14/22
Effective: 10/1/22
ADM File No. 2022-01: Appointments to the Attorney Grievance Commission
On order of the Court, pursuant to MCR 9.108, J. Paul Janes (attorney member) is reappointed to the Attorney Grievance Commission for a term commencing on October 1, 2022 and ending on September 30, 2025. Kendrah B. Robinson (attorney member) and Dr. Samy Y. Wassef (layperson member) are appointed to the Attorney Grievance Commission for terms commencing on October 1, 2022 and ending on September 30, 2025. Thomas G. Kienbaum is reappointed as chairperson and J. Paul Janes is reappointed as vice-chairperson of the commission for terms commencing on October 1, 2022 and ending September 30, 2023.
Issued: 9/14/22
Effective: 10/1/22
ADM File No. 2022-01: Appointment to the State Bar of Michigan Board of Commissioners
On order of the Court, pursuant to State Bar Rule 5, Section 2, Takura Nyamfukudza is reappointed after serving a partial term as commissioner-at-large of the State Bar of Michigan Board of Commissioners to serve a three-year term commencing on adjournment of the 2022 annual meeting of the outgoing Board of Commissioners.
Issued: 9/14/22
Effective: On adjournment of the 2022 annual meeting of the outgoing Board of Commissioners
NEWS
Task Force on Forensic Science Seeks Public Comment at September Meeting
Justices Clement and Welch Celebrate Constitution Day with In-Person and Online Events for Michigan Students
Chief Justice McCormack to Retire from Michigan Supreme Court
At the Bar
The Board of Commissioners met on September 16, 2022 at which time the State Bar of Michigan adopted the following public policy positions:
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).
SBM Position: Oppose.
ADM File No. 2021-20: Proposed Amendment of MCR 6.001 and Proposed Addition of MCR 6.009
The proposed addition of MCR 6.009 would establish a procedure regarding the use of restraints on a criminal defendant in court proceedings that are or could be before a jury, and the proposed amendment of MCR 6.001 would make the new rule applicable to felony, misdemeanor, and automatic waiver cases.
SBM Position: Support.
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.
SBM Position: Support with an additional amendment striking “the address, telephone or cell phone number, or” from the proposed language. Further, the proposed amendment should also be corrected read “MCR 1.109(D)(9)(a).”
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.
SBM Position: Support.
ADM File No. 2021-35: Proposed Amendment of MCR 7.202
The proposed amendment of MCR 7.202 would provide a definition of governmental immunity to include the state’s, a tribal government’s, or a political subdivision’s immunity from suit or liability.
SBM Position: Oppose.
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.
SBM Position: Support and recommend that the Court give consideration to the issue of reissuing opinions and orders in trial courts identified by Mr. Bassett in his September 8, 2022 comment on this matter.
HB 6344 (Lightner) Courts: other; duties of the appellate defender; include definition of youth. Amends title & secs. 2, 4, 6 & 7 of 1978 PA 620 (MCL 780.712 et seq.) & adds sec. 1a.
HB 6345 (Lightner) Criminal procedure: defenses; Michigan indigent defense commission act; expand definitions. Amends title & secs. 3, 5, 7, 9, 11, 13, 15, 17, 21 & 23 of 2013 PA 93 (MCL 780.983 et seq.).
SBM Position: Support the bills in concept and recommend that they be amended to: (1) provide a broader definition of the youth defense mandate; and (2) establish appellate attorney fee incentives consistent with the MIDC Act and a requirement for the state to reimburse local systems for these fees.
NEWS
James Heath Becomes 88th President of State Bar of Michigan
Congratulations to James W. Heath, of Detroit, the 88th president of the State Bar of Michigan.
U.S. Dist. Court Eastern Dist.: Notice of Amendments to Local Rules
On September 6, 2022, the Judges of the United States District Court for the Eastern District of Michigan approved amendments to local rules.
License Renewal Now Open for 2022-2023
Michigan attorneys can now renew their State Bar of Michigan law license for the 2022-2023 Bar year.
Links of Interest
SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
MCL Search Engines
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