Public Policy Update from the State Bar of Michigan

September 25, 2023
Volume 21, Issue 37

At the Capitol

9/26 House Criminal Justice, 9:00 a.m. MORE
HB 4624 (Rep. Christine Morse) Human services: children's services; county child care fund reimbursement rate; increase.
SBM Position on HB 4624: Support.
HB 4625 (Rep. Brenda Carter) Juveniles: criminal procedure; use of screening tool for minors eligible for a certain diversion option; require.
SBM Position on HB 4625: Support.
HB 4626 (Rep. Kara Hope) Juveniles: other; length of time youth can be placed on precourt diversion program; limit.
SBM Position on HB 4626: Support with amendment to eliminate the possibility of restitution being used to exclude eligibility for pre-court diversion and the consent calendar, and to provide adequate criteria for determining when diversion should be extended beyond 3 months.
HB 4627 (Rep. Penelope Tsernoglou) Courts: family division; use of risk and needs assessment for juveniles in the juvenile justice system before disposition; require.
SBM Position on HB 4627: Support.
HB 4628 (Rep. Felicia Brabec) Courts: family division; use of screening tool for minors sought to be placed on the consent calendar; require.
SBM Position on HB 4628: Support.
HB 4629 (Rep. Amos O'Neal) Juveniles: other; detention of juveniles in certain circumstances; modify.
SBM Position on HB 4629: Support with an amendment, consistent with the Board’s position on the underlying Task Force recommendation, that: “Any statements, admissions, confessions, or incriminating evidence obtained from a minor in the course of a screening under this section are not admissible into evidence in any adjudicatory hearing in which the minor is accused and are not subject to subpoena or any other court purpose for use in any other proceeding or for any other purpose.”
HB 4630 (Rep. Sarah Lightner) Courts: other; Michigan indigent defense commission act; expand duties to include indigent defense of youth.
SBM Position on HB 4630: Support.
HB 4631 (Rep. Sarah Lightner) Courts: other; duties of the appellate defender; include requirement to defend youth.
SBM Position on HB 4631: Support with Amendments.
HB 4632 (Rep. Mike Mueller) Juveniles: juvenile justice services; juvenile justice residential per diem rates; modify.
HB 4633 (Rep. Kelly Breen) Juveniles: other; factors in designating or waiving certain juvenile cases; require the court to consider, and place certain limits on consent calendar plans.
HB 4718 (Rep. Laurie Pohutsky) Civil procedure: defenses; sexual orientation or gender identity of a victim as a defense to a crime; prohibit.
LGBTQ+ Law Section Position on HB 4718: Support.
HB 4945 (Rep. Amos O'Neal) Crimes: weapons; sentencing guidelines; update.
HB 4946 (Rep. Amos O'Neal) Crimes: weapons; possession of firearms and ammunition by persons convicted of misdemeanor involving domestic violence; prohibit.

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

At the Court

ADM File No. 2023-01: Appointment to the Attorney Discipline Board
Issued: 9/21/23
Effective: 10/1/23

Rule Amendments
ADM File No. 2021-10: Amendments of the Michigan Rules of Evidence
The amendments of the Michigan Rules of Evidence (MRE) reflect the work of the MRE 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: 9/20/23
Effective: 1/1/24

ADM File No. 2022-11: Amendments of MCR 2.511 and 6.412
The amendments of MCR 2.511(C) and 6.412(C) align with Fed Crim P 24 and Fed Civ R 47 and 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 requirement is subject to the court’s determination that the parties’ or attorneys’ questions are proper.
Issued: 9/20/23
Effective: 1/1/24

Proposed Amendments
ADM File No. 2022-24: Proposed Amendments of MCR 6.907, 6.909, and 6.933
As a condition for the State’s receipt of federal funds under the Prison Rape Elimination Act, 34 USC 30301 et seq., the conditions of confinement for juveniles must comply with federal regulations promulgated under that act, including the requirement that best efforts be made to avoid placing incarcerated youthful inmates in isolation. See 28 CFR 115.14. The proposed amendments clarify that youthful inmates should not be placed in isolation in order to keep them separate from adults.
Issued: 9/20/23
Comment Period Expires: 1/1/24

ADM File No. 2023-24: Proposed Amendment of MCR 3.701 and Proposed Additions of MCR 3.715, 3.716, 3.717, 3.718, 3.719, 3.720, 3.721, and 3.722
The proposed amendments would offer procedural guidance to trial courts for implementing the Extreme Risk Protection Order (ERPO) Act, MCL 691.1801 et seq.
Issued: 9/20/23
Comment Period Expires: 12/1/23

Administrative Order
ADM File No. 2023-20: Adoption of Administrative Order No. 2023-1
Issued: 9/20/23
Effective: Immediately

Open House: Supreme Court Seeking ‘Civic-Minded’ Volunteers to Help Educate the Public

Experienced Court Leader Chosen to be Regional Administrator

Supreme Court to Begin New Session in October with Oral Arguments at State Capitol

At the Bar


Yolanda Bennett to serve as RA chair
Congratulations to Yolanda M. Bennett, who will serve as the 2023-2024 chair of the Representative Assembly.

Daniel D. Quick becomes 89th SBM president
Congratulations to Daniel D. Quick, the 89th president of the State Bar of Michigan.

Supreme Court creates Commission on Well-Being in the Law
On order of the Michigan Supreme Court, the Commission on Well-Being in the Law is created, effective immediately.

Improve your business practices, record-keeping, and more
Two upcoming virtual webinars offer Michigan attorneys an opportunity to learn more about how to improve their business practices and ensure proper record keeping.

Virtual workshop offers strategies to live happier, healthier lives
The online workshop titled, “10 Strategies to Help You Live a Happier, Healthier, More Resilient Life,” is 10 a.m. to 11:30 a.m. on Friday, October 20, 2023.

License Renewal Now Open for 2023-2024
Michigan attorneys can now renew their State Bar of Michigan law license for the 2023-2024 Bar year.

The Board of Commissioners met on September 21, 2023 at which time the State Bar of Michigan adopted the following public policy positions:
ADM File No. 2017-28: Proposed Amendments of MCR 1.109, 5.302, and 8.108
The proposed amendments of MCR 1.109, 5.302, and 8.108 would provide clear direction on the process for protecting personal identifying information in transcripts, wills, and death certificates.
SBM Position: Support the proposed amendments of MCR 1.109, 5.302, and 8.108 and recommend that MCR 5.302(A)(1) be amended to require that both a redacted and unredacted version of a death certificate or alternative documentation be filed and that unredacted version be maintained as a nonpublic record accessible to the parties.

ADM File No. 2022-34: Proposed Amendments of MCR 3.993 and 6.428
The proposed amendment of MCR 3.993 would provide for the restoration of appellate rights in juvenile cases, similarly to that of criminal cases under MCR 6.428, and the proposed amendments would further ask parties to provide the Court of Appeals with a copy of the order when filing the appeal.
SBM Position: Support.

Links of Interest

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