July 24, 2023
Volume 21, Issue 30

In the Capitol

Last week bills were introduced in the following areas of law:

At the Court


Sentencing Report Highlights Importance of Transparency

Michigan Driver’s License Laws Make National Spotlight

At the Bar

The Board of Commissioners met on July 21, 2023 at which time the State Bar of Michigan adopted the following public policy positions:

ADM File No. 2022-14: Proposed Amendment of MCR 2.311
The proposed amendment of MCR 2.311 would allow a mental examination to be recorded by video or audio under certain circumstances.
SBM Position: Support.

ADM File No. 2022-11: Proposed Amendments of MCR 2.511 and 6.412
The proposed amendments of MCR 2.511(C) and 6.412(C) align with Fed Crim P 24 and Fed Civ R 47 and would require the court to allow the attorneys or parties to conduct voir dire in civil and criminal proceedings if the court examines the prospective jurors. The proposed requirement is subject to the court’s determination that the parties’ or attorneys’ questions are proper.
SBM Position: Support with an amendment removing the proposed Rule 2.511(C)(2) and Rule 6.412(C)(2)(b).

ADM File No. 2023-05: Proposed Amendment of MCR 3.613
To avoid confusion, the proposed amendment of MCR 3.613 incorporates the amendment of MCR 3.613 (ADM File No. 2021-21), which takes effect July 1, 2023.
The proposed amendment of MCR 3.613 in this ADM file would add a new subrule (H) that is similar to MCR 2.002(I) and would require a court to pay the costs of publication in a name change proceeding if fees are waived under MCR 2.002, publication is required by law, and publication has not been waived under MCR 3.613.
SBM Position: Support.

ADM File No. 2022-26: Proposed Amendment of MCR 6.425
The proposed amendment of MCR 6.425(D)(1)(c) would require a trial court, on the record before sentencing, to personally address the defendant regarding his or her allocution rights and to address any victim who is present and allow the victim to be reasonably heard, similar to FR Crim P 32(i)(4).
SBM Position: Support.

ADM File No. 2023-08: Amendment of MCR 7.202
The amendment of MCR 7.202 includes in the definition of “final judgment” or “final order” postjudgment orders deciding a claim for remaining proceeds under MCL 211.78t.
SBM Position: Support.

Links of Interest

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