Public Policy Update from the State Bar of Michigan

July 27, 2026
Volume 24, Issue 30

In the Capitol

In the Hall of Justice

NEWS
Michigan Supreme Court Justices Visit The Henry Ford to Reflect on America's Founding Ideals and the Ongoing Pursuit of Justice

At the Bar

The Board of Commissioners met on July 24, 2026 at which time the State Bar of Michigan adopted the following public policy positions:
ADM File No. 2026-10: Addition of MCR 2.114 and Amendment of MCR 7.209
The addition of MCR 2.114 provides a process for special motions under the Uniform Public Expression Protection Act (MCL 691.1853 et seq.), and the amendment of MCR 7.209 clarifies the availability and applicability of the stay during an appeal as contemplated by this new Act.
SBM Position: Support.

ADM File No. 2024-15: Proposed Addition of MCR 6.426 and Proposed Amendments of MCR 7.216 and 7.315
The proposed addition of MCR 6.426 and proposed amendments of MCR 7.216 and 7.315 would ensure that self-represented criminal defendants are advised of the right to counsel in remand proceedings from the appellate courts and would facilitate appointment of such counsel.
SBM Position: Support.

ADM File No. 2024-34: Proposed Amendment of MCR 7.316
The proposed amendment of MCR 7.316 would allow the Court to accept late applications for leave to appeal or cross-appeal in limited circumstances.
SBM Position: Support ADM File No. 2024-34 with an additional amendment allowing 14 days to file a late application for leave to appeal.

ADM File No. 2025-30: Proposed Adoption of Administrative Order No. 2026-X
This proposed administrative order would approve a pilot project to study the effectiveness of an informal domestic relations docket.
SBM Position: Oppose.

HB 6028 (McFall) Courts: veteran's court; veterans treatment court; modify. Amends secs. 1200, 1201, 1203, 1205, 1206 & 1209 of 1961 PA 236 (MCL 600.1200 et seq.).
SBM Position: Support

HB 6081 (Kuhn) Criminal procedure: preliminary examination; certain rules and procedures for conducting a preliminary examination; revise. Amends sec. 11b, ch. VI of 1927 PA 175 (MCL 766.11b) & adds sec. 11c to ch. VI.
SBM Position: Oppose. (Position adopted via roll-call vote. Commissioners voting in support of the position: Anderson, Barton, Bryant, Burrell, Clark, Clay, Crowley, Davis, Detzler, Easterly, Eccleston, Evans, Hamameh, Howlett, Kitchen-Troop, Larsen, Lerner, Liggins, Low, Lowe, Luckenbach, Mansoor, Mantese, Mason, Murray, M., Murray, T., Ohanesian, Perkins, Shapiro, Simmons, Timmons. Commissioner voting in opposition of the position: Holloman.)

HB 6092 (Hope) Criminal procedure: DNA; postconviction DNA testing; modify. Amends sec. 16, ch. X of 1927 PA 175 (MCL 770.16).
SBM Position: Support.

HB 6110 (MacDonell) Civil procedure: civil actions; violation of constitutionally or legally provided civil rights; provide a cause of action for. Creates new act.
SBM Position: Support in concept. (Position adopted via roll-call vote. Commissioners voting in support of the position: Anderson, Barton, Bryant, Burrell, Clark, Clay, Crowley, Davis, Detzler, Easterly, Eccleston, Evans, Hamameh, Holloman, Howlett, Kitchen-Troop, Larsen, Lerner, Low, Lowe, Luckenbach, Mansoor, Mantese, Mason, Murray, M., Murray, T., Ohanesian, Perkins, Shapiro, Simmons, Timmons. Commissioner abstaining from voting: Liggins.)

SB 1089 (Chang) Courts: funding; trial court funding; provide for. Amends secs. 880d, 8727 & 8827 of 1961 PA 236 (MCL 600.880d et seq.); adds secs. 1495, 1496 & 1497 & repeals secs. 8729 & 8829 of 1961 PA 236 (MCL 600.8729 & 600.8829).
SBM Position: Support the legislation with an additional amendment adding a fourth factor to the proposed indigency determination:
An individual determined to be indigent under the MIDC standard for the purpose of appointing counsel in a criminal matter should be presumed indigent for the purpose of assessments issued at sentencing.

SB 1090 (Damoose) Courts: funding; trial court funding; provide for. Amends sec. 13, ch. II, secs. 1k & 5, ch. IX & secs. 1, 3, 3c & 3e, ch. XI of 1927 PA 175 (MCL 762.13 et seq.).
SBM Position: Support the legislation with an additional amendment adding a fourth factor to the proposed indigency determination:
An individual determined to be indigent under the MIDC standard for the purpose of appointing counsel in a criminal matter should be presumed indigent for the purpose of assessments issued at sentencing.

SB 1091 (Cavanagh) Courts: funding; trial court funding; provide for. Amends sec. 907 of 1949 PA 300 (MCL 257.907) & repeals sec. 908 of 1949 PA 300 (MCL 257.908).
SBM Position: Support the legislation with an additional amendment adding a fourth factor to the proposed indigency determination:
An individual determined to be indigent under the MIDC standard for the purpose of appointing counsel in a criminal matter should be presumed indigent for the purpose of assessments issued at sentencing.

NEWS
Pivotal juvenile justice reform signed into law
In a watershed moment for juvenile justice, Gov. Gretchen Whitmer has signed legislation ensuring all Michigan young people have access to an attorney.

Applications closing soon to serve on SBM committee in 2026-2027
Are you interested in volunteering on a State Bar of Michigan committee during the 2026-2027 bar year?

Links of Interest

SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
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