Public Policy Update from the State Bar of Michigan
December 31-January 6, 2008
Volume 6 Issue 1

In the Capitol
Michigan House of Representatives 2008 Session Schedule
Michigan Senate 2008 Session Schedule

Committee meetings of interest for the week of 1/7
1/9 House Judiciary
Agenda: HB 5513 Revise change of name procedure whenever decree of divorce is granted to make gender neutral; HB 5186 Require court to consider appointment of conservator if person under a guardianship has liquid assets of more than certain limit; HB 5187 Require prior court approval for power of conservator to mortgage or place lien on protected individual's home; HB 5188 Require bond if protected individual has liquid assets over certain limit.
Elder Law and Disability Rights Section Positions: Support HB 5187; Support HB 5188

 Complete Committee Meeting List

 New Public Acts


In the Hall of Justice
Rule Amendments
2007-16 Adoption of Rule 4.201 ( C ) of the Local Court Rules of the 55th Judicial District Court (Mason County)
Local Court Rule 4.201(C) of the 55th Judicial District Court was adopted at the request of that Court, to be effective January 15, 2008.
Issued: December 20, 2007
Effective: January 15, 2008

2005-41 Adoption of Rule 19 of the Rules Concerning the State Bar of Michigan
This new rule was submitted for consideration to the Supreme Court by the State Bar of Michigan to clarify and set out the rules regarding public access to information, and confidentiality of documents and records of certain State Bar programs.  Programs whose records are subject to confidentiality and are obtainable only pursuant to a court order or to a law enforcement agency in response to a subpoena or search warrant, or by the Attorney Discipline system, are the Client Protection Fund, Ethics Program, Lawyers and Judges Assistance Program, and the Unauthorized Practice of Law Program.  Confidential records may also be disclosed  upon request of the State Bar and approval by the Supreme Court where the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance, or at the discretion of the State Bar upon written permission of all those who would be identified by the requested information.
Issued: December 19, 2007
Effective: January 1, 2008

Administrative Orders
Administrative Order No. 2007-4 – File No. 2004-04
Adoption of Concurrent Jurisdiction Plan for the 49th Circuit Court, the 77th District Court, and Probate District 18 of Mecosta and Osceola Counties
Issued: December 18, 2007
Effective: April 1, 2008

Proposed Amendments
2004-08 Proposed New Rule 8.126 of the Michigan Court Rules and Proposed Amendments of Rule 9.108 of the Michigan Court Rules and Rule 15 of the Rules Concerning the State Bar of Michigan
This proposal would allow an out-of-state attorney to be authorized to appear temporarily (also known as pro hac vice appearance) in no more than three cases within a 365-day period. The rule would impose a fee equal to the discipline and client-protection fund portions of a bar member’s annual dues (currently $135) for each appearance, because misconduct will subject the out-of-state attorney to disciplinary action in Michigan. The Attorney Grievance Commission would keep a record of all such temporary appearances ordered by Michigan courts, and would be entitled to receipt of the fee paid in applying for the temporary admission.
Issued: December 21, 2007
Comment Period Expires: April 1, 2008
Public Hearing: To be scheduled

 

At the Bar
Nominations Open for 2008 Major State Bar Awards

Nominations Open for 2008 Representative Assembly Awards

New Child Support Formula To Go Into Effect October 2008

Foreclosure Assistance Links

Sections and Committees
The Elder Law & Disability Rights Section submitted the following public policy position:
Support:
HB 5188 Probate; guardians and conservators; bond; require if protected individual has liquid assets over certain limit. Amends sec. 5410 of 1998 PA 386 (MCL 700.5410).

The Judicial Conference Section submitted the following public policy positions:
Oppose: HB 4564 Family law; child custody; joint custody; mandate in every custody dispute between parents except in certain circumstances. Amends sec. 6a of 1970 PA 91 (MCL 722.26a).

Oppose: HB 5367 Children; foster care; out-of-state placement of juvenile; prohibit use of state funds. Amends sec. 18, ch. XIIA of 1939 PA 288 (MCL 712A.18).

Oppose: HB 5368 (Spade) Children; foster care; out-of-state placement of juvenile; prohibit use of state funds. Amends sec. 5 of 1974 PA 150 (MCL 803.305).

The Prisons & Corrections Section submitted the following public policy position:
Support with recommended amendments: HB 4475 Corrections; prisoners; commutation hearings and procedures; expedite for prisoners who are terminally ill. Amends secs. 35 & 44 of 1953 PA 232 (MCL 791.235 & 791.244).

The Real Property Law Section submitted the following public policy position:
Oppose: HB 5032 Land use; zoning and growth management; zoning enabling act; make corrective and technical revisions. Amends secs. 102, 103, 202, 208, 301, 401, 601, 604, 606 & 702 of 2006 PA 110 (MCL 125.3102 et seq.).

State News
Plan Aims to Boost Jury Pool Diversity
(Lansing State Journal, 1/3/08)

Controversial Business Tax Kicks In
(Lansing State Journal, 1/1/08)

 

Links of Interest
Public Policy Resource Center | Michigan Supreme Court | Michigan Legislature | MCL Search Engines