January 9 - January 15, 2006
Volume 4 Issue 2

In the Capitol
Three New House Panels Formed: Tort Reform, Tax Restructuring, and Local Finance
House Speaker Craig DeRoche announced the formation of three new committees to examine tort reform in Michigan, tax restructuring and local finance issues. Changes to existing committees were also announced.

Committee meetings of interest for the week of 1/16
1/17 Senate Judiciary
Agenda: Presentation by the State Court Administrative Office on the 2005 Resources Recommendation Report; SB 946 Provide for additional judgeship in the sixth judicial circuit; SB 907 Revise number of judgeships in various circuits and districts (Judicial Conference Position: Oppose); SB 925 Allow additional judgeship for the sixteenth judicial circuit; SB 883 Increase number of judgeships in the seventeenth judicial circuit; SB 955 Provide for additional circuit judgeship in the fifty-fifth judicial circuit.

1/17 Senate Appropriations Subcommittee: Judiciary and Corrections
Agenda: TESTIMONY ONLY: Presentation by the Department of Corrections and selected service providers on the implementation, status, and progress of the Michigan Prisoner Re-entry Initiative.

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 1/11
Of Interest to the Legal Community

SB 939 Mental health; code; certain provisions regarding persons found not guilty by reason of insanity; revise. Amends secs. 744, 1026, 1028, 1030, 1032, 1034, 1044 & 1050 of 1974 PA 258 (MCL 330.1744 et seq.); adds secs. 1049, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081 & 1082 & repeals sec. 1005f of 1974 PA 258 (MCL 330.2005f).

SB 941 Criminal procedure; sentencing; sentencing individual convicted as a juvenile to imprisonment for life without parole eligibility; prohibit. Amends secs. 1 & 1b, ch. IX of 1927 PA 175 (MCL 769.1 & 769.1b).

SB 942 Corrections; parole; parole of certain juvenile offenders sentenced to imprisonment for life; allow. Amends sec. 34 of 1953 PA 232 (MCL 791.234). TIE BAR WITH: SB 0941'06 SB 0943'06 SB 0944'06

SB 943 Criminal procedure; sentencing; sentencing juvenile to imprisonment for life without parole eligibility; amend probate code of 1939 to prohibit. Amends secs. 2d & 18, ch. XIIA of 1939 PA 288 (MCL 712A.2d & 712A.18). TIE BAR WITH: SB 0941'06 SB 0942'06 SB 0944'06

SB 944 Crimes; penalties; penalties for certain crimes of imprisonment for life without parole eligibility; amend Michigan penal code to exclude application to juvenile offenders. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 506b. TIE BAR WITH: SB 0941'06 SB 0942'06 SB 0943'06

SB 946 Courts; circuit court; additional judgeship in the sixth judicial circuit; provide for. Amends sec. 507 of 1961 PA 236 (MCL 600.507).

SB 947 Counties; other; alienation by deed, proof and recording of conveyances, and the canceling of mortgages; eliminate. Repeals sec. 24 of 1846 RS 65 (MCL 565.24).

SB 955 Courts; circuit court; additional circuit judgeship in the fifty-fifth judicial circuit; provide for. Amends sec. 549g of 1961 PA 236 (MCL 600.549g).

Of General Interest
HJR R Taxation; other; revenue limitation formula; revise. Amends sec. 26, art IX of the state constitution.

SB 948 Juveniles; other; youth correctional facility; prohibit to be operated by a private contractor. Amends secs. 20g, 29, 34, 63, 63a, 65, 69a & 70 of 1953 PA 232 (MCL 791.220g et seq.).

SB 949 Corrections; other; operation of state correctional facilities by private vendors; prohibit. Amends 1953 PA 232 (MCL 791.201 - 791.283) by adding sec. 220j.

SB 956 Appropriations; zero budget; supplemental appropriations; provide for fiscal year 2005-2006. Creates appropriation act.

In the Hall of Justice
The Michigan Supreme Court will hold an administrative public hearing on Thursday, January 26, 2006, from 9:30 to 11:30 a.m. in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street, Lansing, Michigan 48915.
Public Hearing Agenda

Privacy Policy on Supreme Court's January 25 Public Hearing Agenda; Protection of Social Security Numbers in Court Documents is Goal 

Volunteers Sought for Michigan Supreme Court Learning Center

Judge Brian K. Zahra Named Chief Judge Pro Tem of Michigan Court of Appeals

Does Gun Have to be Working to Support Firearms Charge? Michigan Supreme Court to Consider Operability Defense in Oral Arguments

Rule Amendments
2004-32 - Amendment of Rules 9.223 and 9.224 of the Michigan Court Rules
The amendment of MCR 9.223 eliminates the requirement that the Judicial Tenure Commission file an appendix with its recommendation for discipline against a judge.
The amendment of MCR 9.224(A) requires that the respondent judge to file an appendix if the respondent files a petition to reject or modify the commission’s decision. The amendment of 9.224(B) allows the Judicial Tenure Commission to file a supplemental appendix with its brief in response to a respondent judge’s petition.
Issued: January 10, 2006
Effective: May 1, 2006

Administrative Orders
Administrative Order No. 2006-1 - File No. 2005-46
Amendment of 2006-2007 Holiday Schedule
for the Supreme Court and Court of Appeals
Issued: January 10, 2006
Effective: January 10, 2006

At The Bar
The State Bar of Michigan’s Public Policy, Image and Identity Committee and Board of Commissioners will meet on January 20, 2006. For a copy of the agenda, please email elyon@mail.michbar.org.

Clifford Flood Joins State Bar as Deputy General Counsel

Federal News
U.S. Court of Appeals for the Sixth Circuit
Notice of Proposed Amendment to Sixth Circuit Rules 28, 30, and 31
The United States Court of Appeals for the Sixth Circuit is proposing to change procedures for the filing of the briefs of parties by eliminating the “proof” brief requirement addressed in Rules 28 and 31. In addition, the appendix procedure addressed in Rule 30 would be modified.

To effect these changes, the court has preliminarily approved, subject to later modification if warranted, several amendments to the local rules. By clicking on the following links to Sixth Circuit Rules 28, 30, and 31, you will be able to view the text of each rule in its current form (text in black) and the proposed amendment (text in red). Rule 28 , Rule 30, Rule 31

The court will accept comments on the proposed rule amendments until Friday, February 10, 2006. Comments can be e-mailed to ca06-rules_comments@ca6.uscourts.gov
or sent by mail to the Clerk's Office.

Fine Legal Line Separates Lobbying Curbs, Free Speech
(Washington Times, 1/16/06)

Rogers Proposes Lobbying Reforms
(Lansing State Journal, 1/12/06)

State News
Group Aiming to Scrap Senate Prepares Petitions
(Lansing State Journal, 1/16/06)

Will Mich. See Recovery Soon? Not in '06, State Analysts Say
(Lansing State Journal, 1/13/06)

State Sees Another Tight Budget
(Lansing State Journal, 1/12/06)

Federal Court Dismisses Nader Case
(Lansing State Journal, 1/10/06)

Links of Interest
Public Policy Resource Center
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