September 19, 2005 - September 25, 2005
Volume 3 Issue 37

In the Capitol
Committee meetings of interest for the week of 9/26
9/27 House Family and Children Services
Agenda: HB 5100 Clarify military parental custody rights.

Complete Committee Meeting List

Capitol Agenda

Legislation Recently Signed into Public Acts

Legislation Introduced 9/20 – 9/21
Of Interest to the Legal Community
HB 5198 Family law; marriage and divorce; provision regarding pensions in divorce; modify. Amends sec. 18 of 1846 RS 84 (MCL 552.18).

HB 5217 Weapons; licensing; concealed pistol license records; provide for confidentiality. Amends sec. 5b of 1927 PA 372 (MCL 28.425b).

SB 761 Labor; fair employment practices; civil immunity for disclosure of felony; provide for.

SB 766 Environmental protection; litter; civil infraction fines; direct portion of to illegal dumping informant reward fund. TIE BAR WITH: SB 0765'05

Of General Interest
HB 5195 Elections; canvassing; state board of canvassers procedures; clarify. Amends sec. 477 of 1954 PA 116 (MCL 168.477).

HB 5200 Vehicles; registration; prohibitions against transferring vehicle registration; revise to include certain out-of-state violations and clarify certain registration plate requirements. Amends secs. 219, 233, 235a & 811d of 1949 PA 300 (MCL 257.219 et seq.).

HB 5201 Single business tax; credit; contribution to the Michigan housing and community development fund; provide for credit. Amends 1975 PA 228 (MCL 208.1 - 208.145) by adding sec. 35d.

HB 5202 Local government; other; spot blight designation and acquisition; provide for. Amends secs. 2 & 4 of 2002 PA 27 (MCL 125.2802 & 125.2804).

HB 5203 Land use; zoning and growth management; removal of nonconforming uses after amortization; allow cities and villages to require. Amends sec. 3a of 1921 PA 207 (MCL 125.583a).

HB 5214 Elections; absent voters; mailing of absent voter ballot applications to qualified and registered electors 60 years of age or older; allow even if application not requested. Amends sec. 759 of 1954 PA 116 (MCL 168.759).

In the Hall of Justice
The Michigan Supreme Court will hold an administrative public hearing on Thursday, August 29, 2005, 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. Please note that the agenda includes a proposal for comprehensive revision of the Michigan Rules of Professional Conduct, and Standards for Imposing Lawyer Sanctions. Members wishing to testify on any of the agenda items should contact the Clerk of the Supreme Court by e-mailing MSC_clerk@courts.mi.gov no later than Tuesday, September 27.
Directions to Hall of Justice and Visitor Parking
Agenda of Administrative Public Hearing

Positions adopted by the State Bar of Michigan and/or one its entities are listed below in the order of appearance on the agenda:
2002-29 - Proposed Michigan Standards for Imposing Lawyer Sanctions
SBM Position (5/31/05): See Report
SBM Position (12/4/03): See Report

2003-62 - Proposed Adoption of New Michigan Rules of Professional Conduct
SBM Position: See Report
Standing Committee on Justice Initiatives Position: See Report
Family Law Section Position: See Report

2003-04 - Proposed Amendment of Rule 7.205 of the Michigan Court Rules
Rule 7.205 Application for Leave to Appeal
SBM Position: Oppose
Appellate Practice Section Position: See Report

2003-04 - Proposed Amendment of Rule 6.412 of the Michigan Court Rules
Rule 6.412 Selection of the Jury
SBM Position: Oppose

2004-32 - Proposed Amendment of Rules 9.223 and 9.224 of the Michigan Court Rules
Rule 9.223 Certification to Supreme Court
Rule 9.224 Review by Supreme Court
SBM Position: Support

2004-53 - Proposed Amendment of Rules 9.124 of the Michigan Court Rules
Rule 9.124 Procedure for Reinstatement
SBM Position: See Report

2004-55 - Proposed Amendment of Rule 3.211 of the Michigan Court Rules
Rule 3.211 Judgments and Orders
SBM Position: See Report

2004-56 - Proposed Amendment of Rule 3.925 of the Michigan Court Rules
Rule 3.925 Open Proceedings; Judgments and Orders; Records Confidentiality; Destruction of Court Files, Setting Aside Adjudications
SBM Position: Oppose

2004-60 - Proposed Amendment of Rule 9.205 of the Michigan Court Rules
Rule 9.205 Standards of Judicial Conduct
SBM Position: Oppose
Judicial Conference Position: Oppose

2005-16 - Proposed Amendment of Rule 4.101 of the Michigan Court Rules
Rule 4.101 Civil Infraction Actions
SBM Position: Oppose

2001-10 - Proposed Amendment of Rule 8.123 of the Michigan Court Rules
Rule 8.123 Counsel Appointments; Procedure and Records
Judicial Conference Position: Support

2004-42 - Proposed Amendment of Rules 8.103, 8.107 and 8.110 of the Michigan Court Rules
Rule 8.103 State Court Administrator
Rule 8.107 Statement by Trial Judge as to Matters Undecided
Rule 8.110 Chief Judge Rule
SBM Position: Oppose
Judicial Conference Position: Oppose

2005-15 - Amendment of Rules 2, 5, and 6 of the Rules Concerning the State Bar of Michigan
Rule 2 Membership
Rule 5 Board of Commissioners
Rule 6 Representative Assembly
SBM Position: Support

 

At The Bar
Thomas W. Cranmer is Sworn in as 71st State Bar President

Hurricane Katrina Access to Aid Resource for Lawyers Wanting to Volunteer

Young Lawyers Organize Statewide Fundraisers to Help Hurricane Victims

The Board of Commissioners met on Wednesay, September 21, 2005. The following public policy positions were adopted by the State Bar of Michigan:

2004-42 - Proposed Amendment of Rules 8.103, 8.107 and 8.110 of the Michigan Court Rules
New MCR 8.107(A) would require a judge to decide matters promptly after submission. MCR 8.107 (B) would require a judge to submit quarterly reports that include information on all matter pending during the reporting period that were not decided within 56 days of submission.
The amendments of MCR 8.110(C) would require monthly reports to the state court administrator in felony cases where there has been a delay of more than 154 days between the order binding a defendant over to circuit court and adjudication in felony cases, or a delay of more than 91 days between a defendant’s first appearance on the warrant and complaint, or citation, and adjudication in misdemeanor cases and local ordinance violations that carry criminal penalties.
SBM Position: The State Bar opposes the proposed amendment due to its proposed methodology. The State Bar acknowledges the need for accountability and efficiency in the judicial system.

2005-02 - Proposed Administrative Order regarding Privacy Policy and Access to Court Records
The Court is considering adoption of the proposed Administrative Order to ensure the confidentiality of social security numbers and management of nonpublic information contained within public documents filed within the judiciary.
SBM Position: Support. Authorization was granted to the Judicial Conference to advocate its position.

HB 4542 (Robertson) Family law; child support; graduated penalties for unpaid support; enact. Amends sec. 165 of 1931 PA 328 (MCL 750.165).
SBM Position: Defer to State Bar Sections

HB 4588 (Van Regenmorter) Crime victims; rights; comprehensive changes to crime victim's rights act; enact. Amends secs. 2, 6, 13a, 16, 16a, 18, 18a, 19, 20, 21, 31, 44, 44a, 46, 47, 61, 65, 76, 76a, 78 & 81 of 1985 PA 87 (MCL 780.752 et seq.) & adds sec. 19a.
SBM Position: Support in Principle

HB 4629 (Sak) Criminal procedure; sentencing; cost of prosecution; require payment in certain circumstances. Amends secs. 1f & 3, ch. IX, sec. 3, ch. XI, sec. 8, ch. XII & sec. 22, ch. XIV of 1927 PA 175 (MCL 769.1f et seq.).
SBM Position: Oppose in Principle

HB 4630 (Law, D.) Criminal procedure; evidence; preliminary breath tests; allow as admissible evidence in certain criminal prosecutions. Amends sec. 625a of 1949 PA 300 (MCL 257.625a).
SBM Position: Support in Principle

HB 4831 (Hummel) Appropriations; other; zero budget appropriations bill; provide for fiscal years 2005 and 2006. Creates appropriation act.
SBM Position: Oppose in principle the funding levels for SADO in the adopted conference report.

HB 4851 (Schuitmaker) Juveniles; criminal procedure; age under which court has jurisdiction; revise. Amends sec. 2, ch XIIA of 1939 PA 288 (MCL 712A.2).
SBM Position: Support in Principle

HB 5024 (Taub) Civil procedure; costs and fees; attorney contingency fees based on a sliding scale; provide for. Amends sec. 919 of 1961 PA 236 (MCL 600.919).
SBM Position: Active Opposition

SB 33 (Switalski) Civil procedure; costs and fees; transcript fee; increase. Amends sec. 2543 of 1961 PA 236 (MCL 600.2543).
SBM Position: Support in Principle provided that the bill is amended or tie-barred to legislation that is enacted to recognize and provide relief for transcript fee costs for indigent parties and parties represented by pro bono counsel.

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.
SBM Position: Oppose in Principle

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.
SBM Position: Oppose in Principle based on a long-standing State Bar position that such changes should be addressed in court rule.

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.
SBM Position: Oppose in Principle based on a long-standing State Bar position that such changes should be addressed in court rule.

SB 275 (Prusi) Appropriations; judiciary; judiciary budget; provide for fiscal year 2005-2006. Creates appropriation act.
SBM Position: Oppose in principle the funding levels for SADO in the adopted conference report.

SB 289 (Goschka) Criminal procedure; statute of limitations; statute of limitations for certain criminal sexual conduct offenses; eliminate. Amends sec. 24, ch. VII of 1927 PA 175 (MCL 767.24).
SBM Position: Defer to Sections and Committees. The Criminal Jurisprudence and Practice Committee opposes the bill.

SB 379 (Van Woerkom) Children; services; court-appointed special advocates; provide for. Creates new act.
SBM Position: Oppose in Principle

SB 541 (Sanborn) Torts; civil procedure; revised structured settlement protection act; enact. Creates new act & repeals 2000 PA 330 (MCL 691.1191 - 691.1197).
SBM Position: No Position. Authorization was granted to the Civil Procedure and Courts Committee to advocate its position. The Committee proposes revised language to the bill.

For further information regarding a position, please contact Elizabeth Lyon at (517) 346-6325 or elyon@mail.michbar.org.

Federal News
Panel Recommends Photo ID for Voters (Washington Times, 9/21/05)

FEC Sues GOP 527 Group for Violating Finance Laws
(Washington Times, 9/21/05)

Report Suggests Changes to Voting (Washington Times, 9/19/05)

State News
Big-City Deaths: The Time to Kill
(Detroit Free Press, 9/26/05)

Efforts Intensify to Draw Women into Politics (Lansing State Journal, 9/24/05)

Links of Interest
Public Policy Resource Center
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