October 4, 2004 - October 10, 2004
Volume 2 Issue 40

In the Capitol
The Michigan House of Representatives is adjourned until November 4, 2004.
The Michigan Senate is adjourned until November 3, 2004.

Complete Committee Meeting List
View Full Text

Capitol Agenda
View Full Text
(Detroit News, 10/9/04)

Legislation Introduced 10/6
SB 1447 Children; support; requirement for title IV-D agencies to provide for certain liens; provide for.

SB 1448 Children; support; requirement for the title IV-D agency to notify the child support lien network; provide for.

SB 1449 Insurance; insurers; disclosure of certain information to assist in the collection of child support arrearages; permit.

SB 1450 Probate; wills and estates; personal representative; require notice of heirs and devisees be given to friend of the court. TIE BAR WITH SB 1447.

SB 1451 Worker's compensation; other; information sharing with title IV-D agency; require.

Legislation Recently Signed into Public Acts
PA 362 of 2004 - Driver's License Revisions, Effective 10/4/04
HB 5802 (DeRossett)Traffic control; driver license; driver license provisions; revise and make related amendments. Amends secs. 8a, 65, 204a, 208, 208c, 303, 306, 307, 309, 310e, 312b, 312e, 312f, 313, 314, 316, 317, 319, 319b, 319c, 320, 320a, 321a, 323c, 708b, 732, 812 & 904 of 1949 PA 300 (MCL 257.8a et seq.) & repeals sec. 314b of 1949 PA 300 (MCL 257.314b).

PA 363 of 2004 – Military Family Relief, Effective 10/6/04
SB 1269 (Garcia) Income tax; other; military family relief fund; create. Creates new act.

PA 364 of 2004 - Income Tax Checkoff, Effective 10/6/04
HB 5953 (Sheen) Income tax; checkoff; funding for grants for certain reservists and National Guard individuals and families; provide for check-off option. Amends 1967 PA 281 (MCL 206.1 - 206.532) by adding sec. 438. TIE BAR WITH HB 5954.

PA 365 of 2004 - Smartzone Exception, Effective 10/7/04
SB 774 (Bernero) Economic development; local development financing; certified technology parks; revise deadline for designation. Amends sec. 21a of 1986 PA 281 (MCL 125.2162a).

PA 366 of 2004 – Northville Mineral Rights, Effective 10/7/04
HB 6208 (Ward) Property; conveyances; previous authorization to transfer certain state owned property in Wayne county; revise. Amends sec. 10 of 2002 PA 6.

PA 367 of 2004 - Restrict Lawsuits for Weight Gain, Effective 10/7/04
HB 5809 (Palsrok) Torts; liability; provisions of the common sense consumption act; enact. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2974.

PA 368 of 2004 – Clinton & Ingham Co. Conveyance, Effective 10/7/04
SB 1391 (Brown) Property; conveyances; transfer between state departments of certain state owned property in Ingham and Clinton counties; provide for. Creates new act.

In the Hall of Justice
Rule Amendments
2004-09 - Amendment of Rule 2.603 of the Michigan Court Rules
The amendment clarified some ambiguities created by the former rule’s inconsistent usage of “default,” “default judgment,” and some related terms.
Issued: October 5, 2004
Effective: January 1, 2005

2002-34 and 2002-44 - Amendment of Rule 7.203 of the Michigan Court Rule
New subrule MCR 7.203(G) implements the Court of Appeals expedited summary disposition docket. Subrule (G) alerts litigants involved in appeals from orders disposing of summary disposition motions that they are to follow the procedures set forth in the administrative order.
Issued: October 5, 2004
Effective: October 5, 2004

2004-15 - Amendment of Rule 6.429 of the Michigan Court Rules
The amendment of MCR 6.429(C) conformed the rule to MCL 769.34(10) by incorporating the statutory language.
Issued: June 29, 2004
Effective: June 29, 2004
Order Retaining Amendment: October 5, 2004

Administrative Orders
Administrative Order No. 2004-6 - File No. 2000-32
Minimum Standards for Indigent Criminal Appellate Defense Services

On order of the Court, this is to advise that the Court has considered revised minimum standards for indigent criminal appellate defense services proposed by the Appellate Defender Commission pursuant to 1978 PA 620, MCL 780.711 to 780.719. The Court approves the standards with some revisions replacing those adopted in Administrative Order No. 1981-7.
Issued: October 5, 2004
Effective: January 1, 2005

Administrative Order No. 2004-5 - File Nos. 2002-34 and 2002-44--Expedited Summary Disposition Docket in the Court of Appeals
On order of the Court, notice of the proposed expedited docket and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following proposal is adopted for a two-year period, effective January 1, 2005. The new procedure was requested by the Court of Appeals for the processing of appeals from orders granting or denying summary disposition.
Please note that on pages 6-7 of the staff comment in the Administrative Order, several words were inadvertently omitted. The last sentence on page 6, continuing on page 7, should read in full "When the motion is premised on work load considerations, at a minimum the motion should identify the cases and the courts in which filing deadlines are converging and specify the least amount of time that would be required to file the brief. Once briefing has been completed, the case will be referred to the Court's research attorneys for an expedited review and it will then be submitted to a panel of judges for disposition."
Issued: October 5, 2004
Effective: January 1, 2005

Other Actions
2004-01 - Supreme Court Appointment to the Attorney Grievance Commission
On order of the Court, pursuant to Rule 9.108 of the Michigan Court Rules, Michael Murray is appointed as a lawyer member of the Attorney Grievance Commission for a term ending September 20, 2007.
Issued: October 5, 2004

At The Bar
$35,000 in ATJ Grant Funds Awarded to Nonprofit Agencies
View Full Text

2004 Annual Meeting Highlights
View Full Text

Young Lawyers Host, "Can Women Have it All?"
View Full Text

Young Lawyers Plan Legal Writing Seminar
View Full Text

Sections and Committees

The Arts, Communications, Entertainment & Sports Section submitted a public policy report regarding the Right of Publicity Statute.
Please note the above is a corrected version of the report published last week.

Federal News
Sentencing Tops Justices' Agenda As Term Begins
View Full Text
(New York Times, 10/04/04)

High Court To Consider Appeals Issue For Poor
View Full Text
(Detroit Free Press, 10/04/04)
See Also:
Top Court Weighs Michigan Appeal
View Full Text
(Lansing State Journal, 10/05/04)

Justices Take On Sentencing Guidelines
View Full Text
(CNN.com, 10/04/04)

State News
Record Number Register To Vote In Michigan
View Full Text
(Lansing State Journal, 10/05/04)

Granholm Says State May Face $500M shortfall
View Full Text
(Lansing State Journal, 10/08/04)

Misprinted Ballots Raise Concerns Before Being Replaced
View Full Text
(Detroit News, 10/09/04)

State Civil Rights Office Taking Steps To Protect Voter Rights
View Full Text
(Detroit News, 10/09/04)

Graholm Proposes Overhaul In State Tax Structure
View Full Text
(www.mitechnews.com, 10/06/04)
See Related:
Michigan Senate Leader Demands Long-Term Reforms Before Tax Restructuring
View Full Text
(www.mitechnews.com, 10/07/04)
See Related:
Granholm Seeks Business Tax Restructuring
View Full Text
(www.mitechnews.com, 10/11/04)

Proposal Seeks Bar Eligibility For Non-U.S. Citizens
View Full Text
(mlive.com, 10/8/04)

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