Public Policy Update from the State Bar of Michigan
January 18-24, 2010
Volume 8 Issue 4

FOCUS: Custodial Interrogation Recording
On Thursday, January 21, 2010, Rep. Rashida Tlaib (D-Detroit) introduced HB 5763, a bill to require recording of certain custodial interrogation sessions. Rep. Tlaib worked with the State Bar of Michigan's Custodial Interrogation Recording Task Force. The Task Force commends Rep. Tlaib for introducing the bill.

In the Capitol
The Senate and House have canceled session for Thursday, January 28. The House of Representatives will meet on January 26 at 1:30 pm and January 27 at 10 am. The Senate will meet at 10:00 am on January 26 and 27.
House Session Schedule

Senate Session Schedule

Committee Meetings of Interest for the Week of 1/25
1/26 Senate Judiciary
Agenda: SB 794 Create sobriety court interlock pilot project; SB 795 Establish license sanction for repeat drunk driving offenders for DWI/sobriety court participants.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 1/19–1/21
Of Interest to the Legal Community
HB 5754 Civil procedure; statute of limitations; statute of limitations and statute of repose for actions against architects, engineers, and construction contractors; revise. Amends secs. 5805 & 5839 of 1961 PA 236 (MCL 600.5805 & 600.5839).

HB 5763 Criminal procedure; evidence; electronic recording of certain custodial interrogation sessions; require, and revise procedures for determining admissibility as evidence. Amends 1927 PA 175 (MCL 760.1777.69) by adding secs. 7, 8, 9 & 10 to ch. III.

SJR Q Elections; judicial; ballot designation for incumbent judges; eliminate. Amends sec. 24, art. VI of the state constitution.

SB 1078 Courts; other; testimony at trial by video or telephone; allow under certain circumstances. Amends sec. 1, ch. III & sec. 11a, ch. VI of 1927 PA 175 (MCL 763.1 & 766.11a).

Of General Interest
SB 1072 Labor; arbitration; training of arbitrators and arbitration deadline; revise. Amends secs. 2, 5, 6, 8 & 10 of 1969 PA 312 (MCL 423.232 et seq.).

SB 1073 School aid; penalties; penalty for failing to comply with limitation on certain expenditures for noninstructional services; provide for. Amends 1979 PA 94 (MCL 388.1601388.1772) by adding sec. 168b.

SB 1074 Education; school districts; contracting and competitive bidding for food, custodial, and transportation services for public schools; require. Amends 1976 PA 451 (MCL 380.1380.1852) by adding sec. 1245.

SB 1075 State agencies (proposed); other; reorganization of state departments; provide for. Creates new act & repeals 1965 PA 380 (MCL 16.10116.608).

In the Hall of Justice
Third notice: The Michigan Supreme Court will hold a public administrative hearing on Wednesday, January 27, 2010, in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street, Lansing, Michigan 48915. The hearing will begin promptly at 9:30 a.m. and adjourn no later than 11:30 a.m. To reserve a place on the agenda, please notify the Office of the Clerk of the Court by e-mail at MSC_clerk@courts.mi.gov today.

The Michigan Supreme Court will hold a public administrative conference following the public administrative hearing.

Other Actions
Administrative Order No. 2009-7—File No. 2005-32
Adoption of a Pilot Project in the 46th District Court to Study the Effects of Proposed Rule 8.119 of the Michigan Court Rules
Issued: January 21, 2010
Effective: January 21, 2010

At the Bar
Law Day Essay Contest

FOCUS: The Board of Commissioners met on January 22, 2010 at which time the State Bar of Michigan adopted the following Public Policy positions by a unanimous vote:

2008-25 Proposed Amendment of Rule 6.433 of the Michigan Court Rules
This proposal would insert a "good cause" provision into MCR 6.433 to require a defendant in postconviction proceedings to show good cause to obtain a second set of court documents. This amendment would mirror the good-cause provision in MCR 6.433(B)(2) for appeals by leave.
SBM Position: Support

HB 4790 (Switalski, J.) Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for.
HB 4791 (Switalski, J.) Income tax; income; compensation received under the wrongful imprisonment compensation act; provide a deduction.
SBM Position: Support

Sections and Committees
The Administrative Law Section submitted a Public Policy position on SB 0960 Occupations; notaries public; procedure for notary public when witnessing the signature of certain individuals; revise. Amends sec. 25 of 2003 PA 238 (MCL 55.285).

The Real Property Law Section submitted a Public Policy position on SB 0960 Occupations; notaries public; procedure for notary public when witnessing the signature of certain individuals; revise. Amends sec. 25 of 2003 PA 238 (MCL 55.285).

Federal News
Supreme Court Rolls Back Campaign Spending Limits
(Washington Times, 1/21/10)

Supreme Court: Jury Selection Should Be Open
(USA Today, 1/20/10)

State News
Bishop's $2B State Reform Plan Draws Muted Reaction
(Lansing State Journal, 1/21/10)

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