Public Policy Update from the State Bar of Michigan
April 8-14, 2013
Volume 11 Issue 15

FOCUS: Indigent Defense Bills Introduced
On Wednesday, April 10, Representative Tom McMillin and Senator Bruce Caswell introduced mirror bills to create the Michigan Indigent Defense Commission, a commission charged with the duty to set "statewide standards and accountability measures of trial-level indigent criminal defense services." The bills are the product of a legislative workgroup Sen. Caswell and Rep. McMillin convened in January, and grew out of the recommendations last year from the governor-appointed Indigent Defense Advisory Commission and subsequent legislation: HB 5804. HB 5804 won approval in the House last November, but failed to pass the Senate before the end of the legislative session. Legislative hearings are expected before summer recess begins in July.
HB 4529
SB 300
Billls to Create Public Defender Commission Re-Introduced
(WKAR, Michigan Public Radio)

In the Capitol
Committee meetings of interest for the week of 4/15
4/16 House Regulatory Reform
Agenda Item of Interest: HB 4528 Revise regulation of immigration clerical assistants.

4/16 Senate Judiciary
Agenda: SB 76 Prohibit loitering within 1,000 feet of day care center, and regulate certain other conduct in school safety zones;
SB 77 Enact sentencing guidelines for crime of registered sex offender loitering within 1,000 feet of a day care center;
SB 285 Enhance penalties for crimes against animals, and make other revisions;
SB 286 Enact and amend sentencing guidelines for crimes of animal cruelty;
HB 4264 Allow consecutive sentencing for financial exploitation of vulnerable adult; And any other business properly before the committee.

4/17 House Criminal Justice
Agenda: HB 4455 Authorize use of unmanned aerial vehicles under certain circumstances;
HB 4456 Provide for sentencing guidelines for unmanned aerial vehicles act violations.

4/17 Senate Appropriations
Agenda Items of Interest: PLEASE NOTE TIME AND DATE SB 191 Judiciary Budget for fiscal year 2013-2014;
SB 197 Department of Corrections Budget for fiscal year 2013-2014.

4/18 House Judiciary
Agenda: SB 162 Expand jurisdiction for prosecution of felony offenses to include county where consequence intended to have effect;
HB 4532 Permit digital court records and electronically filing court papers as established by the supreme court.

4/18 Senate Appropriations
Agenda Items of Interest: PLEASE NOTE TIME AND DATE SB 191 Judiciary Budget for fiscal year 2013-2014;
SB 197 Department of Corrections Budget for fiscal year 2013-2014.

4/19 Senate Appropriations
Agenda Items of Interest: PLEASE NOTE TIME AND DATE SB 191 Judiciary Budget for fiscal year 2013-2014;
SB 197 Department of Corrections Budget for fiscal year 2013-2014.

Complete Committee Meeting List

New Public Acts

In the Hall of Justice
Law Day Comes Early to Midland: Michigan Supreme Court to Visit April 17

Ethics Charges Against Wayne County Judge to be Heard by Michigan Supreme Court in Oral Arguments This Week

Proposed Amendments
2013-12—Proposed Amendment of Rule 7.313 of the Michigan Court Rules
The proposed amendments would clarify that the decision whether to grant rehearing or reconsideration in the Michigan Supreme Court should be made consistent with the standard incorporated in MCR 2.119(F)(3), similar to the reference for consideration of such motions in the Court of Appeals contained in MCR 7.215(I)(l).
Issued: April 10, 2013
Comment period expiration: August 1, 2013

At the Bar
Real Property Law Section to Host Conference July 10-13 at Crystal Mountain Resort & Spa

Judicial Vacancy—37th Circuit Court, Calhoun County
Hon. Allen Garbrecht has vacating his seat at 37th Circuit Court, Calhoun County. State Bar members interested in applying for the judgeship should submit an application by April 22, 2013.
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Sections and Committees
The Probate & Estate Planning Section submitted public policy position reports on the following items:

Support: HB 4013 Human services; medical services; use of pooled trusts for medicaid eligibility; authorize. Amends sec. 106 of 1939 PA 280 (MCL 400.106) & adds sec. 106b.

Support: SB 144 Mental health; guardians; guardianship petitions for developmentally disabled minors; allow the court to schedule certain hearings before the minor turns 18 years of age. Amends secs. 609, 614 & 618 of 1974 PA 258 (MCL 330.1609 et seq.).

Support: SB 177 Probate; guardians and conservators; guardianship petitions; allow probate judges to schedule certain hearings prior to minor turning 18 years of age. Amends secs. 5303 & 5306 of 1998 PA 386 (MCL 700.5303 & 700.5306).

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