January 26, 2026
Volume 24, Issue 4

In the Capitol

1/29 Senate Civil Rights, Judiciary & Public Safety, 12:00 p.m. MORE
Agenda:
SB 508 (Cavanagh) Law enforcement: other; immigration enforcement at certain locations; prohibit in certain circumstances.
SB 509 (Chang) Civil rights: public records; disclosure of certain information without a warrant; prohibit.
SB 510 (Moss) Law enforcement: other; use of certain masks or disguises by law enforcement; prohibit in certain circumstances and require certain uniforms.
SR 86 (Chang) A resolution to urge the United States Congress to pass legislation to require immigration officers to display visible identification, prohibit immigration officers from covering their faces, and limit immigration enforcement actions in sensitive locations.
HB 4418 (Thompson) Probate: other; designation of a patient surrogate for health care decisions; allow.
Probate & Estate Planning Section Position on HB 4418: Oppose.
HB 4419 (Witwer) Probate: other; designation of a patient surrogate for health care decisions; allow.
Probate & Estate Planning Section Position on HB 4419: Oppose.
HB 4734 (BeGole) Human services: county services; designation of a patient surrogate for health care decisions; allow.
SB 502 (Shink) Crimes: terrorism; crime of making terrorist threat or false report of terrorism; modify.

Complete Committee Meeting List

Legislation Introduced 1/20–1/22
This week bills were introduced in the following areas of law:

• Consumer Law
• Corrections
• Criminal Law
• Election Law
• Healthcare Law
• Licensing & Regulation Law
• Motor Vehicles
• State & Local Government
• Tax

In the Hall of Justice

RULE AMENDMENTS
ADM File No. 2021-29: Amendment of MCR 6.201
The amendment of MCR 6.201(B)(2) requires, before providing a police report or interrogation record to the defendant, redaction of certain information and information subject to a protective order under the rule.
Issued: 1/21/26
Effective: 5/1/26

At the Bar

The Board of Commissioners met on January 23, 2026 at which time the State Bar of Michigan adopted the following public policy positions:
ADM File No. 2025-03: Proposed Amendment of MCR 1.111
The proposed amendment of MCR 1.111 would expand free foreign language interpretation services to civil cases as suggested by several commenters on the Court’s initial proposal in this ADM file, which was adopted by the Court with some revisions. The initial proposal only contemplated free interpretation services in criminal cases. The Court is now interested in receiving additional comments regarding its proposal to expand free interpretation services to civil cases. Please note that subrule (F)(5), which would be struck under this proposal, reflects the version of subrule (F)(5) adopted by the Court in its initial proposal that becomes effective on January 1, 2026.
SBM Position: Support.

ADM File No. 2022-31: Proposed Amendment of MCR 2.106
The proposed amendment of MCR 2.106 would update the definition of “newspaper” for notice by publication. See MCL 691.1051.
SBM Position: Support.

ADM File No. 2022-34: Proposed Amendment of MCR 3.992
The proposed amendment of MCR 3.992 would require courts to consider a motion for postjudgment relief when the underlying order was entered following a referee’s recommendation and before the time for filing for judicial review under MCR 3.991 has elapsed. See MCR 3.991(A)(3).
SBM Position: Support.

ADM File No. 2023-09: Proposed Amendment of MCR 6.106
The proposed amendment of MCR 6.106 would align the rule with MCL 780.66(6), which addresses the return of deposited percent bonds.
SBM Position: Support with the following amendment to clarify the last sentence of MCR 6.106(I)(1) as follows:
However, if the accused is discharged from all obligations in the case and has not been convicted in the charged case whether public or under seal, has not received assignment under HYTA, is not under a delayed sentence and has not been assigned to specialty court, the court must return to the accused the entiredeposited amount.

ADM File No. 2024-10: Proposed Amendment of MCR 6.429
The proposed amendment of MCR 6.429 would reorganize and update the rule to clarify that a court must afford parties an opportunity to object to its sua sponte correction of a Judgment of Sentence and that the parties must raise any objections when that opportunity is provided.
SBM Position: Support with further amendments to MCR 6.429(A) to read: Any An objection to the corrected sentence must may, but need not, be presented to the court at the time that the court provides an opportunity to be heard.

ADM File No. 2024-02: Proposed Amendment of MCR 7.215
The proposed amendment of MCR 7.215 would clarify that in cases where the Court of Appeals remands a case to the trial court, the Court of Appeals will review the decisions made on remand, and in criminal and termination of parental rights cases, the parties are afforded the right to supplemental briefing.
SBM Position: Support ADM File No. 2024-02 with the following amendments:

1. Amend MCR 7.215(H)(2)(b) to read: “file with the Court of Appeals all orders entered on remand within seven days of entry by the trial court receipt by the party.”
2. Amend MCR 7.215(H)(2)(c) to read: “ensure the transcripts of all proceedings on remand are filed in the trial court and the Court of Appeals within 21 seven days of the receipt of the transcript by the party after completion of the proceedings.
3. Amend the proposed third paragraph of MCR 7.215(H)(2) to allow all appellants to file supplemental briefs. In the alternative, if the Court is not inclined to allow all appellants to file supplemental briefs, add juvenile delinquency cases alongside criminal and termination of parental rights cases to those where supplemental briefing is allowed.

ADM File No. 2025-37: Proposed Amendment of MCR 7.312
The proposed amendment of MCR 7.312 would establish rule-based briefing deadlines in leave granted and MOAA cases where it appears necessary to appoint counsel for the indigent defendant.
SBM Position: Support.

ADM File No. 2022-49 - Proposed Amendments of MCR 8.120 and BLE Rule 5
The proposed amendment of MCR 8.120 would allow law students and recent law graduates to: (1) staff certain legal programs that provide assistance to indigent persons in civil matters under the supervision by a member of the state bar, and (2) appear on behalf of indigent persons in all Michigan courts. The proposal would also expand the definition of a “recent law graduate” from one year to 15 months. The proposed amendment of BLE Rule 5 would expand the qualifications for a special certificate of qualification to practice law.
SBM Position: Support with two amendments: (1) striking the reference to “Individuals Already Barred” from the title of MCR 8.120; and (2) amending the definition of “recent law graduate” from a person who graduated from an ABA-accredited law school within the last 15 months to within the last 18 months.

Legal Services Corporation Non-Fee Generating Cases Letter
SBM Position: Support.

NEWS
Michigan Indigent Defense Commission Vacancy
The SBM Board of Commissioners is seeking names of persons interested in filling a Michigan Indigent Defense Commission vacancy. Deadline for responses is Friday, February 6.

Save the Date for the 2026 Great Lakes Legal Conference
Mark your calendar: The Great Lakes Legal Conference will return to Mackinac Island’s historic Grand Hotel June 12-13, 2026.

SBM’s SOLACE program supports members of the legal community in crisis
Life can be full of surprises, but members of the State Bar of Michigan don’t have to navigate crisis or catastrophe alone, thanks to SBM’s SOLACE program.

Links of Interest

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