December 5, 2005 - December 11, 2005
Volume 3 Issue 48

FOCUS: Applicability of Gramm-Leach-Bliley Act for Attorneys
On December 6, the Court of Appeals for the DC Circuit held that the Gramm-Leach-Bliley Act (GLBA) federal privacy law aimed at financial institutions does not cover the legal profession, noting that "the regulation of the practice of law is traditionally the province of the states."  The case was brought by the New York State Bar Association and the ABA against the FTC.   New York State Bar Association President A. Vincent Buzard of Rochester (Harris Beach PLLC) said, “We are gratified by the decision. Our rules of ethics already provide more protection for our clients than the GLBA would by imposing additional regulations on attorneys. Requiring lawyers to send notices to clients outlining their privacy or information policies was unnecessary and illogical - and burdensome and confusing to clients. The FTC overstepped its authority in a way that has no rational purpose and the appellate court was correct in rejecting and overturning this policy.”

Read the Order

ABA Prevails in Gramm-Leach-Bliley Appeal

New York State Bar Association Wins Lawsuit Over FTC Enforcement of Gramm-Leach-Bliley Privacy Act

In the Capitol
Committee meetings of interest for the week of 12/12
12/13 Senate Judiciary
Agenda: HB 5397 Clarify prerequisite for second or subsequent student safety zone violations; HB 5270 Clarify peace officer exemption from prosecution for intentionally pointing and discharging a firearm without malice in performing his or her duties; HB 5043 Prohibit and provide a penalty for damaging, destroying, or using telephone or computer equipment without authorization; HB 5044 Enact sentencing guidelines for crime of damaging, destroying, or using telephone or computer equipment without authorization; SB 885 Prohibit and provide penalties for damaging, destroying, or preventing access to telecommunication device to prevent report of domestic violence or to summon assistance required as a result of domestic violence.

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Michigan Agenda
(Detroit News, 12/11/05)

Legislation Introduced 12/6–12/8
Of Interest to the Legal Community
SB 925 Courts; circuit court; sixteenth judicial circuit; allow additional judgeship. Amends sec. 517 of 1961 PA 236 (MCL 600.517).

Of General Interest
HB 5484 Income tax; income; awards to individuals wrongly imprisoned for crimes; exclude from income subject to tax. Amends sec. 30 of 1967 PA 281 (MCL 206.30). TIE BAR WITH: HB 5509'05

HB 5486 Insurance; no-fault; expired, terminated, or canceled automobile insurance; require notification to secretary of state. Amends sec. 3101a of 1956 PA 218 (MCL 500.3101a). TIE BAR WITH: HB 5485'05

HB 5490 Criminal procedure; forfeiture; deposit of forfeiture funds in a local financial institution; allow and clarify interest earned remains with forfeiture funds. Amends secs. 4703, 4704, 4705 & 4708 of 1961 PA 236 (MCL 600.4703 et seq.).

SB 929 Civil rights; sex discrimination; ethnic intimidation; expand to include intimidation or hate crimes based on sexual orientation and gender identity or expression. Amends sec. 147b of 1931 PA 328 (MCL 750.147b).

In the Hall of Justice
Rule Amendments
2004-56 - Amendment of Rule 3.925 of the Michigan Court Rules
The December 6, 2005, amendment of MCR 3.925(E)(2)(c) requires that the records and files of all juvenile offenses be destroyed when the person becomes 30 years old, except for the register of actions. The rule previously required that the records and files of certain adjudicated juvenile offenses be retained permanently.
Issued: December 6, 2005
Effective: January 1, 2006

Other Actions
2005-01 - Supreme Court Appointments to the Committee on Model Civil Jury Instructions
Issued:December 6, 2005

At The Bar
Year-End ATJ Campaign Gets $50,000 Boost From Anonymous Donor

Nominations Open for McCree Awards for Journalists

Federal News
State Leaders See Strengthening Economies and Optimism for Next Year's Budgets
(Detroit News, 12/10/05)

Supreme Court Weighs Military's Access to Law Schools
(New York Times, 12/7/05)

State News
Michigan Legal Fight Over Affirmative Action Continues
(Detroit News, 12/10/05)

Agreement Close on Welfare Reform
(Lansing State Journal, 12/9/05)

'Cool Cities' Event Looks to Culture to Boost Economies
(Lansing State Journal, 12/8/05)

State Ranks 3rd in Hate Crimes
(Lansing State Journal, 12/7/05)

Man Says Drug Treatment Program Violated his Freedom of Religion
(Lansing State Journal, 12/7/05)

Senate OKs Banning of Torture in Michigan
(Lansing State Journal, 12/7/05)

Senate Approves Tax Breaks for Delphi, Visteon
(Lansing State Journal, 12/7/05)

Federal Budget Cuts May Hurt State's Child Support Services
(Lansing State Journal, 12/6/05)

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