Public Policy Update from the State Bar of Michigan
April 4–10, 2011
Volume 9 Issue 15

In the Capitol
Committee Meetings of Interest for the Week of 4/11
4/12 House Redistricting and Elections
Agenda: Testimony only: 2010 Census Results for Michigan by Kenneth Darga, State Demographer.

4/12 Senate Judiciary
Agenda: SB 137 Require policy prohibiting harassment and bullying at school; SB 256 Allow paternity of a child born to a married woman to be established in a man other than the husband; SB 269 Revise limitation on recovery amount in small claims suits; SR 24 A resolution to memorialize Congress and the United States Drug Enforcement Agency to make it illegal to possess, use, or sell the drugs MDPV and mephedrone; And any other business to come properly before the committee.
SBM Position on SB 269: Support a modest increase in the jurisdictional limit based on inflation and schedule increases every three years based on inflation.

4/12 House Families, Children, and Seniors
Agenda: HB 4381 Allow department designee to consent to adoption; HB 4382 Expand Michigan children's institute superintendent's consent authority to include consent for guardianships; HB 4383 Allow Michigan children's institute superintendent's designee to consent to guardianship; Presentation by the Mackinac Center for Public Policy.

4/12 House Appropriations: Judiciary
Agenda: Report House Substitute HB 4277.

4/13 Senate Appropriations: Judiciary
Agenda: Decisions on FY 2011-2012.

4/14 Senate Appropriations: Corrections
Agenda: Decisions on FY 2011-2012.

4/14 House Appropriations: Corrections
Agenda: Decision Making on Corrections Budget.

Complete Committee Meeting List

New Public Acts

In the Hall of Justice
Carl L. Gromek, State Court Administrator, honored by Supreme Court Chief Justice Young

Rule Amendments
2004-08—Amendment of Rule 8.126 of the Michigan Court Rules
Michigan's pro hac vice rule, MCR 8.126, has been in place since 2008, and these changes reflect revisions to update the rule that were adopted at the request of the AGC and the State Bar of Michigan. The revisions include a requirement that the fee be charged for each request for pro hac vice admission, that the court that grants the motion send a copy of the order to the AGC (instead of requiring that the Michigan attorney send the copy to the AGC), that the rule specifically include an attorney's temporary admission for arbitration proceedings, and that the fee be required to be paid before an order enters.
Issued: April 5, 2011
Effective: September 1, 2011

2007-17—Amendment of Rule 8.121 of the Michigan Court Rules
The amendment of MCR 8.121 extends the rule to contingent fee agreements in no-fault cases, except for attorney fees or other sanction awarded pursuant to statute or other authority.
Issued: April 5, 2011
Effective: September 1, 2011

2008-11—Amendment of Rule 2.507 of the Michigan Court Rules
The amendment of MCR 2.507 was submitted to the Court to clarify that oral agreements not made in open court or in writing to settle a case will not be enforceable. Like an agreement subject to the statute of frauds, agreements to settle a case would be required to be made in open court or be submitted in writing to be binding.
Issued: April 5, 2011
Effective: September 1, 2011

2010-30—Amendments of Rules 2.403, 2.411, and 3.216 of the Michigan Court Rules and Adoption of New Rule 2.412 of the Michigan Court Rules
The amendments of MCR 2.403, 2.411, and 3.216, and the adoption of new MCR 2.412 consolidate provisions related to mediation confidentiality into one rule and expand the number of exceptions to mediation confidentiality.
Issued: April 5, 2011
Effective: September 1, 2011

Other Actions
2007-18—Proposed Amendment of Rule 2.117 of the Michigan Court Rules
The proposed amendment would have revised MCR 2.117 to provide that an attorney-client relationship continues until a final judgment is reached and the period allowed to appeal by right has expired unless the attorney discontinued the relationship before that time. Also the proposal would have clarified that follow-up or ministerial actions performed by the attorney following notice of termination do not extend the attorney-client relationship.
Issued: April 5, 2011
Results: Declined to adopt and file closed

2008-10—Proposed Amendments of Rule 6.425 and Rule 7.210 of the Michigan Court Rules
This proposal would have required a sentencing judge to prepare and include with the case record a form in which the judge outlines the reason or reasons for departure from the sentencing guidelines. The duty to do so would be in addition to the obligation to state such reasons on the record. The proposal was designed to provide litigants and appellate courts a clear and unambiguous recitation of the reasons for departure by the sentencing court.
Issued: April 5, 2011
Results: Declined to adopt and file closed

2008-32—Proposed Amendment of Rule 2.203 of the Michigan Court Rules
This proposed amendment would have clarified that summonses must be issued when a counterclaim or cross-claim is filed, and would have established an expiration date identical to the expiration date of summonses issued when a third party is added to an existing case.
Issued: April 5, 2011
Results: Declined to adopt and file closed

At the Bar
State Bar McCree Award Winners to be Honored April 17

Register Now for the Upper Michigan Legal Institute June 10-11 on Mackinac Island

Register Now for the Bar Leadership Forum June 10-11 on Mackinac Island

Economics of Appellate Practice Seminar Set for May 20 in Livonia

SBM to Present "Tips and Tools" for a Successful Practice Seminar on Tuesday, May 3, in Lansing

Judicial Vacancy—56-B District Court, Barry County
Hon. Gary R. Holman is vacating his seat at 56-B District Court in Barry County. State Bar members interested in applying for the judgeship should submit an application by April 18, 2011.
View Information

Judicial Vacancy—5th Circuit Court, Barry County
Hon. James H. Fisher is vacating his seat at 5th Circuit Court in Barry County. State Bar members interested in applying for the judgeship should submit an application by April 18, 2011.
View Information

FOCUS: The Board of Commissioners met on April 8, 2011, at which time the State Bar of Michigan adopted the following Public Policy positions:

HB 4074 Corrections; prisoners; certain prisoner reentry programs, including issuance of identification card and copies of other identifying documents; require, and require prisoners to obtain certain records. Amends secs. 35, 37 & 67 of 1953 PA 232 (MCL 791.235 et seq.) & adds sec. 34b.
SBM Position: Support.

HB 4075 State; identification cards; forms of identification necessary to apply for a state identification card; include corrections identification card and allow access to certain department of corrections data. Amends sec. 1 of 1972 PA 222 (MCL 28.291).
SBM Position: Support.

HB 4076 Traffic control; driver license; forms of identification necessary to apply for driver license; include corrections identification card. Amends sec. 307 of 1949 PA 300 (MCL 257.307).
SBM Position: Support.

HB 4077 Criminal procedure; sentencing; certain records necessary to obtain identification documents; assist convicted persons in obtaining. Amends sec. 14, ch. XI of 1927 PA 175 (MCL 771.14).
SBM Position: Support.

HB 4099 Sales tax; other; sales tax on services; implement. Amends secs. 1, 2, 4, 4a, 4d, 4h, 4j, 4q, 4t, 4u, 4w, 6, 10, 16a, 19, 23 & 25 of 1933 PA 167 (MCL 205.51 et seq.) & adds sec. 4c.
SBM Position: Oppose a tax on legal services.

HB 4100 Use tax; other; application of use tax to certain services; provide for. Amends secs. 4 & 20 of 1937 PA 94 (MCL 205.94 & 205.110) & adds secs. 3g & 4b.
SBM Position: Oppose a tax on legal services.

HB 4106 Criminal procedure; expunction; expand record expunction for certain offenders; provide for under certain circumstances. Amends secs. 1, 3 & 4 of 1965 PA 213 (MCL 780.621 et seq.).
SBM Position: Support.

HB 4170 Income tax; income; compensation received under the wrongful imprisonment compensation act; provide a deduction. Amends sec. 30 of 1967 PA 281 (MCL 206.30).
SBM Position: Support.

HB 4171 Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for. Creates new act.
SBM Position: Support.

HB 4182 Corrections; prisoners; certain prisoner reentry programs, including issuance of identification card and copies of other identifying documents; require, and require prisoners to obtain certain records. Amends secs. 35, 37 & 67 of 1953 PA 232 (MCL 791.235 et seq.) & adds sec. 34b.
SBM Position: Support.

HB 4183 State; identification cards; forms of identification necessary to apply for a state identification card; include corrections identification card, and allow access to certain department of corrections data. Amends sec. 1 of 1972 PA 222 (MCL 28.291).
SBM Position: Support.

HB 4184 Traffic control; driver license; forms of identification necessary to apply for driver license; include corrections identification card. Amends sec. 307 of 1949 PA 300 (MCL 257.307).
SBM Position: Support.

HB 4185 Criminal procedure; sentencing; certain records necessary to obtain identification documents; assist convicted persons in obtaining. Amends sec. 14, ch. XI of 1927 PA 175 (MCL 771.14).
SBM Position: Support.

HB 4186 Corrections; prisoners; issuance of debit card to access the prisoner's institutional account upon release; provide for. Amends 1953 PA 232 (MCL 791.201791.285) by adding sec. 37a.
SBM Position: Support.

HB 4261 Crime victims; rights; names and addresses of minors who have been victims of child abuse or sex crimes; allow to be exempted from disclosure under freedom of information act. Amends sec. 13 of 1976 PA 442 (MCL 15.243).
SBM Position: Support.

HB 4403 Courts; juries; individuals who fail to return jury questionnaires; ensure continued eligibility for jury service. Amends sec. 1313 of 1961 PA 236 (MCL 600.1313).
SBM Position: Support.

SB 60 Income tax; income; compensation received under the wrongful imprisonment compensation act; provide a deduction. Amends sec. 30 of 1967 PA 281 (MCL 206.30).
SBM Position: Support.

SB 61 Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for. Creates new act.
SBM Position: Support.

SB 191 Civil procedure; costs and fees; attorney contingency fees; require to be based on a sliding scale. Amends sec. 919 of 1961 PA 236 (MCL 600.919).
SBM Position: Oppose.

SB 244 Criminal procedure; expunction; expand record expunction for certain offenders; provide for under certain circumstances. Amends secs. 1, 3 & 4 of 1965 PA 213 (MCL 780.621 et seq.).
SBM Position: Support.

SB 269 Civil procedure; small claims; limitation on recovery amount in small claims suits; revise. Amends sec. 8401 of 1961 PA 236 (MCL 600.8401).
SBM Position: Support a modest increase based on inflation and schedule increases every three years based on inflation.

FOCUS: The Representative Assembly met on April 9, 2011, at which time the State Bar of Michigan adopted the following resolutions:

RESOLVED, that the State Bar of Michigan shall adopt a position in favor of the implementation of procedures or administrative rules designed to ensure that, upon application and payment or waiver of any applicable fee, an official state personal identification card is issued to any Michigan resident who is "legally present" in the United States (as that term is defined in MCL 28.291), and who otherwise qualifies for the card.

RESOLVED, that the State Bar of Michigan shall adopt a position to support and advocate for state legislation that would implement a collateral consequences of conviction act.

Sections and Committees
The Criminal Law Section submitted Public Policy positions on the following items:
Support: HB 4106 Criminal procedure; expunction; expand record expunction for certain offenders; provide for under certain circumstances. Amends secs. 1, 3 & 4 of 1965 PA 213 (MCL 780.621 et seq.).

Support: SB 152 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 & 11 to ch. III.

Support in Principle: SB 188 Criminal procedure; sex offender registration; federal compliance with sex offenders registry; provide for. Amends secs. 2, 3, 4, 4a, 5, 5a & 5b of 1994 PA 295 (MCL 28.722 et seq.) & adds sec. 3a.

Support in Principle: SB 189 Criminal procedure; sex offender registration; federal compliance with sex offenders registry; provide for. Amends secs. 6, 7, 8, 8c, 8d, 9 & 10 of 1994 PA 295 (MCL 28.726 et seq.); adds sec. 8a & repeals secs. 11 & 12 of 1994 PA 295 (MCL 28.731 & 28.732).

Support in Principle: SB 206 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of failing to register as a sex offender; revise. Amends sec. 11b, ch. XVII of 1927 PA 175 (MCL 777.11b).

Federal News
Obama Says Spending Deal is Win for Bipartisanship
( Washington Times, 4/9/11)

Supreme Court Issues Stay of Execution
(New York Times, 4/5/11)

State News
Michigan Lawmakers Back at Budget
(Detroit News, 4/11/11)

Gov. Rick Snyder's First 100 Days: He's Been Busy, But Will He Be Successful?
(Detroit Free Press, 4/10/11)

Municipal Leaders Hear Different Takes on Gov's Plan for State
(Detroit News, 4/7/11)

Michigan Panel Plans Redistricting Hearing
(Detroit News, 4/7/11)

Michigan Gov. Snyder Remains Focused on Budget
(Lansing State Journal, 4/6/11)

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