Public Policy Update from the State Bar of Michigan

March 27, 2023
Volume 21, Issue 13

In the Capitol

The House of Representatives and Senate will be in session next on April 11th.
House Schedule
Senate Schedule

Complete Committee Meeting List

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

At the Court

Rule Amendments
ADM File No. 2002-37: Retention of the Amendment of MCR 1.109
On order of the Court, notice and opportunity for comment having been provided, the September 14, 2022 amendment of Rule 1.109 of the Michigan Court Rules is retained.
Issued: 3/22/23
Effective: Immediately

ADM File No. 2021-49: Amendment of MCR 2.002
The amendments of MCR 2.002(B) and (G) provide procedural direction to courts regarding prisoner requests for fee waivers in civil actions.
Issued: 3/22/23
Effective: 5/1/23

ADM File No. 2022-05: Amendments of MCR 3.977, 3.993, 7.311, and 7.316
The amendments of MCR 3.977, 3.993, 7.311, and 7.316 establish a procedure for assessing whether a respondent in a termination of parental rights case was denied the effective assistance of appellate counsel, and if so, providing relief.
Issued: 3/22/23
Effective: 5/1/23
ADM File No. 2021-32: Amendment of MCR 6.112
The amendment of MCR 6.112(F) requires that the notice of intent to seek an enhanced sentence contain any mandatory minimum sentence required by law as a result of the enhancement.
Issued: 3/22/23
Effective: 5/1/23

ADM File No. 2022-32: Amendments of MCR 7.201, 7.202, 7.203, 7.204, 7.205, 7.206, 7.207, 7.208, 7.209, 7.210, 7.211, 7.212, 7.213, 7.215, 7.216, 7.217, and 7.219
The amendments of subchapter 7.200 make technical amendments of the Court of Appeals (COA) rules in an effort to modernize them and ensure they reflect the COA’s established practices.
Issued: 3/22/23
Effective: 5/1/23

ADM File No. 2020-29: Amendment of MRE 410
The amendment in this file adds vacated pleas to the list of guilty pleas that may not be used against defendant. In addition, the amendment adds a reference to MCR 6.310 in subsection (3), which makes inadmissibleĀ  statements made during a proceeding on defendant’s motion to withdraw his or her plea and statements made during the prosecution’s motion to vacate a plea for failure to comply with the terms of a plea agreement.
Issued: 3/22/23
Effective: 5/1/23

ADM File No. 2021-40: Amendment of BLE Rule 5
The amendment of Rule 5 adds a new subrule (A) that defines the terms “full-time” and “instructor” to clarify that clinical instructors may be admitted to the bar without examination.
Issued: 3/22/23
Effective: 5/1/23

Proposed Amendments
ADM File No. 2020-31: Proposed Amendment of MRPC 1.8
The proposed amendment of MRPC 1.8 would allow attorneys to provide certain assistance to indigent clients they are serving on a pro bono basis.
Issued: 3/22/23
Comment Period Expires: 7/1/23

ADM File No. 2021-10: Proposed Amendment of the Michigan Rules of Evidence
The proposed amendments of the Michigan Rules of Evidence (MRE) reflect the work of the Michigan Rules of Evidence Committee established by Administrative Order No. 2021-8. The Committee was tasked with restyling the MREs in an effort to remain as consistent as possible with the 2011 restyling of the Federal Rules of Evidence. Major reorganization of the rules appears in MRE 803 and MRE 804 where the residual exceptions found in both rules are moved into a new MRE 807, and in MRE 804 where the exception regarding deposition testimony is moved up from subrule (b)(5) to proposed subrule (b)(2).
Issued: 3/22/23
Comment Period Expires: 7/1/23

At the Bar


Tips and Tools for a Successful Practice Seminar: A Must-Attend Event
Join us to gain insights from experienced colleagues who have successfully implemented law office management techniques and utilized technology to improve their practices.

Free virtual support group to help handle life’s challenges
The State Bar of Michigan Lawyers and Judges Assistance Program’s virtual support groups offer peer connection to help work through stressors and improve overall well-being.

Links of Interest

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