December 4 - December 10, 2006
Volume 4 Issue 49

In the Capitol
Committee meetings of interest for the week of 12/11
12/12 Senate Judiciary
Agenda: HB 5698 Require a divorce effects program before entry of judgment of divorce; HB 5699 Require premarriage program or longer waiting period as prerequisites for issuance of a marriage license; HB 5701 Create child parenting plan for child custody; HB 5702 Expand individuals who can accept payment and perform marriage and family counseling; HB 5703 Require recording of certain information on marriage license and certificate; HB 6661 Codify federal adoption subsidies.
Family Law Section Positions:
Oppose as drafted HB 5698
Support with amendment HB 5699
See report on HB 5701
Oppose HB 5703
Support HB 6661

12/13 Senate Senior Citizens and Veterans Affairs
Agenda item of interest: HB 5337 Provide for waiver from "administrative hearings" while deployed or serving on active duty.
State Bar Position: Support in Principle HB 5337
Justice Initiatives Committee Position: Support in Principle HB 5337
Family Law Section Position: No position on HB 5337 but oppose the inclusion of any custody provision in the Michigan Military Act

Complete Committee Meeting List

New Public Acts

In the Hall of Justice
Rule Amendments
2005-12 - Amendment of Rule 5.403 of the Michigan Court Rules
The amendment of MCR 5.403(B) requires the court to state on the record and in the order reasons for shortening or eliminating notice of hearing for the appointment of a temporary guardian of a minor. It also requires the court to serve interested person with notice that a temporary guardian has been appointed for a minor, it the appointment followed an ex part hearing for which the notice period was shortened or eliminated. The new rule provisions allow interested persons to object to entry of the order and have a hearing on the matter within 14 days.
Issued: December 5, 2006
Effective: January 1, 2007

Administrative Orders
Administrative Order No. 2006-8 - File No. 1997-10
Deliberative Privilege and Case Discussions in the Supreme Court
Issued: December 6, 2006
Effective: December 6, 2006

Proposed Amendments
2006-33 - Proposed Amendment of Rule 2.116 of the Michigan Court Rules
The proposed amendments of MCR 2.116 would clarify that motions for summary disposition based on governmental immunity or lack of subject matter jurisdiction may be filed even if the time set for filing dispositive motions in a scheduling order has expired. Defects in subject-matter jurisdiction cannot be waived and may be raised at any time. People v Erwin, 212 Mich App 55, 64; 536 NW2d 818 (1995); People v Richards, 205 Mich App 438, 444; 517 NW2d 823 (1994). Likewise, governmental immunity may be raised at any time. See Mack v Detroit, 467 Mich 186, 197 n 13 (2002).
The amendments would also clarify that it is within the court’s discretion to allow a motion for summary disposition to be considered for motions based on the grounds set out in (C)(8), (C)(9), or (C)(10) if it is filed after the period for dispositive motions established in a scheduling order has expired. This clarification would reflect the holding in People v Grove, 455 Mich 439 (1997), that it was within the trial court’s discretion to decline to accept a plea agreement offered after the date for accepting such an agreement set forth in the scheduling order had passed.
Issued: December 5, 2006
Comment period expires: April 1, 2007
Public Hearing: To be scheduled

 

At the Bar
Sections and Committees
The Family Law Section submitted the following public policy reports:
Support: HB 6661 Children; adoption; federal adoption subsidies; codify. Amends secs. 115f, 115g, 115h, 115i, 115j, 115k, 115l & 115m of 1939 PA 280 (MCL 400.115f et seq.) & adds secs. 115t & 115u.

Support in Principle: SB 1292 Children; adoption; safe delivery of newborns program; provide for general amendments. Amends secs. 1, 3, 7, 10, 11, 14, 15 & 17, ch. XII of 1939 PA 288 (MCL 712.1 et seq.); adds sec. 2a to ch. XII & repeals secs. 12 & 13, ch. XII of 1939 PA 288 (MCL 712.12 & 712.13).

Federal News
Dwindling Docket Mystifies Supreme Court
(New York Times, 12/6/06)

State News
Cable Rights, Welfare Top Legislature's Agenda
(Detroit Free Press, 12/11/06)

 

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