March 7, 2005 -March 13, 2005
Volume 3 Issue 10

In the Capitol
Committee meetings of interest for the week of 3/14
3/15 Senate Judiciary Agenda: HB 4054 Omit requirement of sending juror qualification questionnaires to certain individuals disqualified from jury service; SB 297 Provide exceptions under certain circumstances in requirement of wearing crash helmets.

3/16 House Judiciary
Agenda: HB 4356 Clarify triple damage liability for receiving and concealing stolen property; HB 4327 Provide for record expungement for certain offenders.

Complete Committee Meeting List  

Legislation Introduced 3/8–3/10
Of Interest to the Legal Community
HB 4467 Civil procedure; statute of limitations; civil action for damages resulting from criminal sexual conduct against a minor; extend tolling of statute of limitations.

HB 4472 Civil procedure; costs and fees; attorney fees in unsuccessful appeal; require state agency to pay.

HB 4476 Single business tax; rate; reduce rate; provide for, create research and development tax credit, revise sales factor apportionment, and provide for other amendments. TIE BAR WITH: HB 4477

HB 4477 Property tax; assessments; calculation of additions and losses; revise. TIE BAR WITH: HB 4476'05

SB 289 Criminal procedure; statute of limitations; statute of limitations for certain criminal sexual conduct offenses; eliminate.

SB 295 Property tax; assessments; calculation of additions and losses; revise. TIE BAR WITH: SB 0296

SB 296 Single business tax; rate; reduce rate; provide for, create research and development tax credit, revise sales factor apportionment, and provide for other amendments. TIE BAR WITH: SB 0295

Of General Interest
SB 293 Elections; ballots; acknowledgment of assistance by person voting absentee ballot; provide for.

HB 4481 Elections; voting procedures; certain restrictions on requests for registration or absentee ballots; revise.

 

In the Hall of Justice
Rule Amendments
2005-06 - Amendment of Rule 5.784 of the
Michigan Court Rules

Public Acts 532, 551-557, and 559 of 2004, effective January 3, 2005, authorize a durable power of attorney for mental health treatment decisions. The amendments of MCR 5.784 broaden the rule to cover proceedings concerning durable powers of attorney for mental health treatment.
Issued: March 8, 2005
Effective: March 8, 2005
Public Hearing: To be scheduled

2004-37 - Amendment of Rule 7.217 of the Michigan Court Rules
The March 8, 2005, amendment of MCR 7.217(D)(2) requires the chief judge of the Court of Appeals to decide all untimely motions for reinstatement of an appeal that is involuntarily dismissed for want of prosecution.
Issued: March 8, 2005
Effective: March 8, 2005

Proposed Amendments
2004-55 - Proposed Amendment of Rule 3.211 of the Michigan Court Rules (Judgments and Orders)
In subrule (D), the proposed amendments require that all support orders be entered on a standard form approved by the State Court Administrative Office. SCAO regularly updates the form by adding provisions required by new federal and Michigan statutes. Using the SCAO form order will reduce paperwork and allow the order format to change without further amending this court rule. The current version of this form is available on the Court’s website. In relettered subrule (F), the proposed amendments allow personal information concerning a party to be provided to the friend of the court in a document separate from the court order. This will assure that the friend of the court has all the information that it needs, and that certain confidential information will be provided to the friend of the court without being included in the court order, which is a public document. A draft of the proposed Judgment Information form is available on the Court’s website. The Court invites comments on both the Uniform Support Order form and the draft Judgment Information form.
Issued: March 9, 2005
Comment period expires: July 1, 2005
Public Hearing: To be scheduled

 

2004-53 - Proposed Amendment of Rules 9.124 of the Michigan Court Rules
The proposed amendments of MCR 9.124(B)(1) would expand the information a petitioner for reinstatement is required to include in or attach to the petitioner’s personal history affidavit. The proposed amendment of subrule (b) would add a requirement that the petitioner, at the grievance administrator’s request, provide authorization for the grievance administrator to obtain a copy of the petitioner’s personnel file regarding any employment held since the time of disqualification. The proposed amendment of subrule (f) would require a petitioner to attach copies of petitioner’s tax returns from the date of disqualification to the date of the petition for reinstatement. The proposed amendment of subrule (l) would add a requirement that a petitioner provide copies of any civil complainants and judgments or orders with respect to any outstanding civil judgments against the petitioner. According to the proposed amendment of subrule (m), a petitioner would be required to provide copies of criminal complaints and judgments of conviction or dismissals for any criminal case in which the petitioner was a defendant or a witness. Subrule (n) would require a petitioner to state on his personal affidavit whether since the date of disqualification the petitioner received treatment for mental or emotional disabilities or substance abuse or gambling addiction. If the petitioner received such treatment, the petitioner would be required to provide a statement from the service providers that contained a diagnosis of the condition and prognosis for recovery.

The proposed amendment of 9.124 (C) simply codifies what already occurs in hearings on petitions for reinstatement and appeals from decisions following those hearings.
Issued: March 9, 2005
Comment period expires:
Public Hearing:To be scheduled

At the Bar
Judicial Vacancy - 45th Circuit Court (St. Joseph County)
The application deadline is April 20, 2005.

Foundation Grant Applications Due 4/4/05

Straker Bar Association's Panel Presentation, "Judicial Appointments and Diversity"

Federal News
U.S. Says It Has Withdrawn From World Judicial Body
(New York Times, 3/10/05)

State News
Medicaid Cuts Would Mean Thousands Get Fewer Benefits
(Lansing State Journal, 3/7/05)

Granholm, Lawmakers Announce Tax Reform Legislation
(Detroit News, 3/8/05)

Granholm Goal: Jobs For 30,000 Unemployed
(Lansing State Journal, 3/8/05)

Senate Rejects Granholm's Elections Board Nominee
(Detroit Free Press, 3/11/05)
 

House Might Delay Some Taxes
(Lansing State Journal, 3/14/05)

 

Links of Interest
Public Policy Resource Center
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