Public Policy Update from the State Bar of Michigan
March 10-16, 2008
Volume 6 Issue 11

Focus: Gideon Day, March 18
March 18 is celebrated as Gideon Day, in recognition of the unanimous opinion issued in Gideon v. Wainwright on March 18, 1963. The United States Supreme Court found that the Sixth Amendment guaranteed counsel at state expense to all persons facing prison sentences as a fundamental right and essential to a fair trial.
More information:
National Association of Criminal Defense Lawyers

National Legal Aid and Defender Association

In the Capitol
Committee meetings of interest for the week of 3/17
3/18 Judiciary, Joint Meeting with House Appropriations: Corrections
Agenda: A Presentation from the Council of State Governments on the Justice Reinvestment Project in Michigan

3/18 Senate Judiciary
Agenda: HB 4552 Revise penalties for animal cruelty to allow consecutive sentencing; A presentation by the Council of State Governments on evaluating the state of criminal justice in Michigan.

3/19 House Judiciary
Agenda: HB 4250 Provide compensation for wrongful imprisonment for crime; HB 4251 Exclude compensation received under the wrongful imprisonment compensation act from income subject to tax; HB 4260 Provide for deletion from record of criminal conviction overturned based on DNA evidence; HB 5089 Extend deadline for filing petition for DNA testing in felony conviction cases and revise certain procedures for obtaining test of DNA evidence; HB 4602 Limit application of statutory rule against perpetuities to real property; HB 4603 Revise reference to statutory rule against perpetuities to reflect change in short title of act; HB 4604 Revise reference to uniform rule against perpetuities in estates and protected individuals act to reflect change in short title.
SBM Position: Support HB 4260

Complete Committee Meeting List

New Public Acts

Legislation Introduced 3/11 - 3/13
Of Interest to the Legal Community

HB 5880 Health; occupations; license revocation or denial upon conviction of first, second, or third degree criminal sexual conduct; require. Amends sec. 16221 of 1978 PA 368 (MCL 333.16221). TIE BAR WITH: HB 5881'08

Of Interest General Interest
HB 5884 Traffic control; violations; driver responsibility fees; provide for a 5-year phase out. Amends sec. 732a of 1949 PA 300 (MCL 257.732a) & adds sec. 732b.

SB 1212 Traffic control; violations; payment option for driver responsibility fees; modify. Amends sec. 732a of 1949 PA 300 (MCL 257.732a).

In the Hall of Justice
Summer Law Programs for Junior High, High School Students, and K-12 Educators to be Offered by Michigan Supreme Court Learning Center

At The Bar
Judicial Vacancy – 17th Circuit Court
Hon. Dennis C. Kolenda is vacating his seat on the 17th Circuit Court. State Bar members interested in applying for the judgeship should submit an application by March 21, 2008.
View Information

SBM Young Lawyers Summit Set for May 16-17

SBM to Present "Tips and Tools For a Successful Practice" Workshop on Wednesday, May 7

Sections and Committees
The Family Law Section submitted the following public policy positions:

Oppose: HB 4896 Records; adoption; issuance of certified copy of original certificate of live birth to certain adopted individuals; allow. Amends sec. 2832 of 1978 PA 368 (MCL 333.2832) & adds sec. 2832a.

Oppose: HB 5761 Family law; marriage and divorce; grounds for divorce when minor children are involved; revise, and require higher burden of proof. Amends sec. 6 of 1846 RS 84 (MCL 552.6).

Oppose: SB 0592 Records; adoption; issuance of certified copy of original certificate of live birth to certain adopted individuals; allow. Amends sec. 2832 of 1978 PA 368 (MCL 333.2832) & adds sec. 2832a.

The Judicial Conference Section submitted the following public policy positions:

Support: SB 0505 Weapons; concealed; exemption for certain state court judges and state court retired judges from concealed weapons no-carry zones; provide for. Amends secs. 1 & 5o of 1927 PA 372 (MCL 28.421 & 28.425o).

Oppose: HB 5499 Probate; guardians and conservators; rights of the incapacitated; define. Amends 1998 PA 386 (MCL 700.1101 - 700.8102) by adding sec. 5306a.

State News
Mental Illness: Do We Need Special Courts?
(The Oakland Press, 3/9/08)

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