March 28, 2005 -April 3, 2005
Volume 3 Issue 13

In the Capitol
The Michigan Legislature is currently on recess until April 12, 2005.

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

In the Hall of Justice
Proposed Amendments
2004-32 - Proposed Amendment of Rules 9.223 and 9.224 of the Michigan Court Rules
The proposed amendment of MCR 9.223 would eliminate the requirement that the Judicial Tenure Commissioner file an appendix with its recommendation for discipline against a judge.
The proposed amendment of MCR 9.224(A) would require the respondent judge to file an appendix if the respondent files a petition to reject or modify the commission’s decision. The proposed amendment of 9.224(B) would allow the Judicial Tenure Commission to file a supplemental appendix with its brief in response to a respondent judge’s petition.
I
ssued: March 30, 2005
Comment period expires: July 1, 2005
Public Hearing:To be scheduled

At the Bar
D. Augustus Straker Bar Association Corporate Counsel Breakfast Set for April 21in Southfield

Sections and Committees
The General Practice Section submitted the following public policy report:
Oppose: HB 4169 (Pastor) Civil procedure; costs and fees; threshold for requiring attorney fee to be paid by party that rejected mediation; revise. Amends secs. 4921 & 4969 of 1961 PA 236 (MCL 600.4921 & 600.4969).

The Criminal Jurisprudence and Practice Committee submitted the following public policy positions. The positions are subject to authorization by the State Bar Board of Commissioners and may be adopted as a position of the State Bar.
Oppose bill in current form: SB 33 (Switalski) Civil procedure; costs and fees; transcript fee; increase. Amends sec. 2543 of 1961 PA 236 (MCL 600.2543).

Oppose sections of the bill, otherwise neutral: SB 113 (Hammerstrom) Courts; juries; system for requiring jury service and excusing prospective jurors; revise and provide for a lengthy trial fund. Amends secs. 1307a, 1314, 1320, 1333, 1334, 1335, 1337, 1343, 1346 & 1348 of 1961 PA 236 (MCL 600.1307a et seq.) & adds sec. 1344a.

Oppose: SB 120 (Johnson) Criminal procedure; evidence; prior acts of domestic violence; allow to be admissible as evidence. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 27a to ch. VIII.

Oppose: SB 263 (Hammerstrom) Crime victims; statements; hearsay rule; exempt certain statements of domestic violence victims. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 27a & 27b to ch. VIII.

Support in Principle: HB 4006 (Caswell) Crimes; uttering and publishing; bad check pretrial diversion program; create. Creates new act.

Oppose: HB 4163 (Pastor) Crimes; fleeing and eluding; fleeing or eluding a police officer; establish a mandatory minimum 2-year sentence. Amends sec. 479a of 1931 PA 328 (MCL 750.479a).

Oppose: HB 4166 (Pastor) Crimes; disorderly conduct; penalties for participants at a youth athletic event to interfere with the game; provide for. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 81e.

Oppose: HB 4210 (PA 3 of 2005, Effective 4/1/05) (Stakoe) Crimes; vehicle offenses; requirement for prosecution to show proof that a driver of a fleeing vehicle has knowledge of injuries; eliminate. Amends secs. 617, 617a, 618 & 619 of 1949 PA 300 (MCL 257.617 et seq.).

Support: HB 4213 (Meyer) Juveniles; criminal procedure; forensic examinations of juveniles to determine competency; allow. Amends 1939 PA 288 (MCL 701.1 - 712A.32) by adding sec. 17e to ch. XIIA. -TIE BAR WITH - HB 4214 (Meyer) Juveniles; criminal procedure; forensic examinations of juveniles to determine competency; allow. Amends secs. 1001a, 1020, 1022, 1024, 1026, 1028, 1030, 1031, 1032, 1034, 1036, 1038, 1040, 1042, 1044 & 1050 of 1974 PA 258 (MCL 330.2001a et seq.). -TIE BAR WITH - HB 4215 (Meyer) Juveniles; criminal procedure; provisions relating to the alibi defense; expand to include juveniles. Amends secs. 20, 20a, 21, 21a & 36, ch. VIII of 1927 PA 175 (MCL 768.20 et seq.).

Oppose: HB 4265 (Plakas) Criminal procedure; statute of limitations; statute of limitations for vehicular homicide; extend. Amends sec. 24, ch. VII of 1927 PA 175 (MCL 767.24).

Support: HB 4327 (Waters) Criminal procedure; expunction; record expungement for certain offenders; provide for. Amends sec. 1 of 1965 PA 213 (MCL 780.621) & repeals sec. 4 of 1965 PA 213 (MCL 780.624).

Support: HB 4413 (PA 4 of 2005, Effective 4/1/05) (Schuitmaker) Criminal procedure; DNA; deadline for filing petition for DNA testing in felony conviction cases; extend. Amends sec. 16 of 1927 PA 175 (MCL 770.16).

No opposition: 2004-13 - Proposed Amendment of Rule 2.504 of the Michigan Court Rules The proposed amendment of MCR 2.504(A) would clarify that any second voluntary dismissal pursuant to subrule (A)(1) constitutes an adjudication on the merits, even where the plaintiff obtains a court order finalizing the dismissal and whether or not the plaintiff is ordered to pay costs.

For a copy of these reports, please email elyon@mail.michbar.org or call (517) 346-6325.
Federal News
Requiring Photo IDs At Polls Debated
(Detroit News, 3/31/05)

President's Proposed Remedy To Curb Medical Malpractice Lawsuits Stalls

(Washington Post, 4/3/05)

State News
Bill Eases Absentee Voting
(Detroit News, 3/30/05)

Granholm Makes New Appointment To Election Board
(Detroit News, 4/2/05)


 

 

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