November 21, 2022
Volume 20, Issue 45

The State Bar of Michigan will be closed November 24 & 25 in observance of the Thanksgiving holiday.

In the Capitol

House Session Schedule
Senate Session Schedule

At the Court

Proposed Amendments
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 citations, proposed orders, and public documents filed with or submitted to the court before April 1, 2022, the effective date of the Court’s orders amending rules regarding personal identifying information.
Issued: 11/16/22
Effective: Immediately

ADM File No. 2022-09: Amendment of MCR 3.703
The amendment of MCR 3.703 is necessary for design and implementation of the statewide electronic-filing system. This amendment provides the court with necessary protected personal identifying information in an appropriate format and reduces workload preparing personal protection orders.
Issued: 11/16/22
Effective: 1/1/23

ADM File No. 2021-48: Amendment of MCR 6.502
The amendment of MCR 6.502 codifies 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: 11/16/22
Effective: 1/1/23

ADM File No. 2021-39: Amendment of MCR 7.215
The amendment of MCR 7.215 codifies the Court of Appeals’ practice for reissuing opinions and orders.
Issued: 11/16/22
Effective: 1/1/23

Appointments
ADM File No. 2022-01: Appointment of Chief Judge of the 54B District Court
Issued: 11/16/22
Effective: Immediately

NEWS

Supreme Court Unanimously Elects Justice Elizabeth Clement as Chief Justice

Supreme Court Will Hear Oral Arguments at the Hall of Justice December 7-8

Former Justice Corrigan to Present Namesake Award to Kalkaska County Foster Parents

Former Wayne County Deputy Court Administrator to Receive Wright Award for Service to Michigan Children, Families

Debt Collection Lawsuits Dominate Michigan’s Civil Court Dockets

At the Bar

The Board of Commissioners met on November 18, 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 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.
SBM Position: Support.

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.
SBM Position: Support the proposed amendment to MCR 2.002 to the extent that it is intended to align statutory provisions and court rules, but express concerns over the practicality of indigent defendants complying with these rules, most notably strict timelines.

ADM File No. 2016-10: Proposed Amendments of MCR 2.002 and 7.109
The proposed amendments of MCR 2.002 and 7.109 would allow for waiver of appellate transcript fees for indigent individuals.
SBM Position: Support.

ADM File No. 2021-32: Proposed Amendment of MCR 6.112
The proposed amendment of MCR 6.112 would require that the notice of intent to seek an enhanced sentence contain any mandatory minimum sentence required by law as a result of the enhancement.
SBM Position: Support.

ADM File No. 2021-40: Proposed Amendment of Rule 5 of the Rules for the Board of Law Examiners
The proposed amendment of Rule 5 of the Rules for the Board of Law Examiners would define the terms “full-time” and “instructor” to clarify that clinical instructors may be admitted to the bar without examination.
SBM Position: Support.

SB 1162 (Wozniak) Courts: court of appeals; jurisdiction of the court of appeals to include admitting individuals to the state bar; expand.
SBM Position: Support.

Links of Interest

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