Public Policy Update from the State Bar of Michigan
April 26-May 2, 2010
Volume 8 Issue 18

FOCUS FOLLOW-UP: Duncan v. State of Michigan to Go Forward
The Michigan Supreme Court's published opinion sends the case back to the Ingham Circuit Court for decision.

Duncan v. State of Michigan, a class action suit filed on behalf of all indigent criminal defendants in three Michigan counties, went before the Michigan Supreme Court on Wednesday, April 14, 2010 on appeal from the State of the June 2009 Court of Appeals ruling. The oral arguments can be viewed at the SBM Virtual Court site.
Campaign for Justice Press Release
NLADA Gideon Alert
SBM Blog Post: Right to Counsel Lawsuit Survives Challenge

In the Capitol
Committee Meetings of Interest for the Week of 5/3
5/4 House Appropriations: Corrections
Agenda: Michigan Prisoner ReEntry Initiative; Public testimony on Corrections budget.

5/4 Senate Appropriations: Judiciary & Corrections
Agenda: FY 2010-11 Judiciary Budget Subcommittee Recommendations.

5/5 House Judiciary
HB 5797 Provide for implementation of section 29 of article IX of the state constitution, and repeal 1979 PA 101; HB 5799 Nullify delegation of legislative authority that violates constitutional prohibition against unfunded mandates under certain circumstances; HB 5800 Recommend revisions of court rules addressing actions under sections 25 to 32 of article IX of the state constitution; HB 5801 Require the house and senate fiscal agencies to issue certain reports regarding section 29 of article IX of the state constitution; and any other business properly before this committee.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 4/27–4/29
Of Interest to the Legal Community
HB 6073 Civil procedure; evidence; introduction of evidence of an expression of sympathy as an admission of liability in a civil action; prohibit. Amends 1961 PA 236 (MCL 600.101600.9947) by adding sec. 2155.

HB 6095 Insurance; no-fault; fee schedules for medical costs paid by personal injury protection; provide for. Amends secs. 3107 & 3157 of 1956 PA 218 (MCL 500.3107 & 500.3157).

HB 6096 Insurance; no-fault; duties of the assigned claims facility; transfer to Michigan automobile placement facility. Amends secs. 3171, 3172, 3173a, 3174, 3175, 3320 & 3330 of 1956 PA 218 (MCL 500.3171 et seq.).

HB 6101 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).

SB 1296 Elections; judicial; supreme court justices nominated at primary rather than convention; require. Amends 1954 PA 116 (MCL 168.1168.992) by adding sec. 391a.

SB 1297 Elections; judicial; supreme court justices nominated at primary rather than convention; require. Amends sec. 392 of 1954 PA 116 (MCL 168.392) & repeals sec. 393 of 1954 PA 116 (MCL 168.393).

SB 1298 Elections; judicial; supreme court justices nominated at primary rather than convention; require. Amends sec. 394 of 1954 PA 116 (MCL 168.394).

SB 1299 Elections; judicial; supreme court justices nominated at primary rather than convention; require. Amends sec. 395 of 1954 PA 116 (MCL 168.395).

SB 1300 Elections; judicial; supreme court justices nominated at primary rather than convention; require. Amends sec. 404 of 1954 PA 116 (MCL 168.404).

SB 1301 Courts; circuit court; number of circuit court judgeships; adjust. Amends secs. 503, 504, 515, 523, 532, 537 & 549h of 1961 PA 236 (MCL 600.503 et seq.).

SB 1305 Mental health; other; definition of person requiring treatment; revise. Amends sec. 401 of 1974 PA 258 (MCL 330.1401).

Of General Interest
HB 6090 Revenue sharing; other; revenue sharing distribution; require to be distributed evenly based on population. Amends sec. 13 of 1971 PA 140 (MCL 141.913).

In the Hall of Justice
Michigan Supreme Court Learning Center Law Day Observance May 3; Law in the 21st Century: Enduring Traditions, Emerging Challenges Focus of 2010 Celebration

Child Support Leadership Council Appointments Made by Michigan Supreme Court

Appointments to Michigan Court Reporting and Recording Board of Review Announced by Michigan Supreme Court

The Michigan Supreme Court will hold a public administrative hearing on Wednesday, May 12, 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 in writing at P.O. Box 30052, Lansing, Michigan 48909, or by e-mail at MSC_clerk@courts.mi.gov, no later than Monday, May 10, 2010.

A public administrative conference will follow.

Public Administrative Hearing Agenda Items of Interest:
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
Appellate Practice Section Position: Support
Criminal Jurisprudence & Practice Committee Position: Support

2009-06—Proposed Amendment of Rules 1.5, 1.7, 1.8, 3.1, 3.3, 3.4, 3.5, 3.6, 5.4, 5.5, and 8.5 of the Michigan Rules of Professional Conduct, and the addition of Rules 2.4, 5.7, and 6.6
See Order for Summary.
SBM Position: See Letter
Family Law Section Position: Oppose and Amend
Elder Law Section Position: Oppose and Amend

2009-18—Proposed Amendments of Rules 7.211, 7.313, and 8.119 of the Michigan Court Rules
These proposed amendments of MCR 7.211, 7.313, and 8.119 would clarify that materials filed with a trial court, with the Court of Appeals, or with the Supreme Court that relate to a motion to seal a record are nonpublic until the court disposes of the motion.
SBM Position: Support

2009-26—Proposed Amendment of Rules 5.105, 5.125, 5.201, 5.501, 5.801, and 5.802 of the Michigan Court Rules and Proposed Adoption of New Rule 5.208 of the Michigan Court Rules (to replace Rules 5.306 and 5.503)
These proposed changes, submitted by the Probate and Estate Planning Council of the State Bar of Michigan and the Michigan Probate Judges Association, have been designed so that the rules would conform to recently-enacted statutory changes creating the Michigan Trust Code. The proposed amendments would correct and insert cross-references to the applicable statutory provisions, and make other technical changes. In addition, proposed new MCR 5.208 would incorporate the notice requirements for both decedent estates and trusts currently contained in MCR 5.306 and MCR 5.503, and would replace those rules.
Probate & Estate Planning Section Position

Administrative Orders
Administrative Order No. 2010-4—File No. 2002-37
Adoption of Administrative Order to Implement E-filing Pilot Project in the 13th Judicial Circuit Court
Issued: April 27, 2010
Effective until: July 1, 2015

Proposed Amendments
2005-32—Proposed Amendments of Rules 2.101, 2.102, 2.113, 2.603, 3.101, and 8.119 of the Michigan Court Rules
This proposal, recommended by a workgroup authorized by the Supreme Court, would establish specific rules for court clerks to screen documents that are submitted to a court for filing and return those documents that do not conform to certain minimum filing requirements.
Issued: April 27, 2010
Comment period expires: August 1, 2010
Public hearing: To be scheduled

2009-19—Proposed Amendments of Rules 6.425, 6.502, 7.204, and 7.205 of the Michigan Court Rules
The amendments proposed in this order would impose time limits for the filing of motions for relief from judgment in criminal cases and would shorten time limits for late appeals in both civil and criminal actions. In proposed amendments of MCR 7.204 and MCR 7.205, alternative provisions are offered, under which, upon a showing of excusable neglect, the Court of Appeals or a trial court may grant an extension of time for filing a late appeal.
Issued: April 27, 2010
Comment period expires: August 1, 2010
Public hearing: To be scheduled

Other Actions
2010-01—Supreme Court Appointments to the Child Support Leadership Council
Issued: April 27, 2010

2010-01—Supreme Court Appointments to the Court Reporting and Recording Board of Review
Issued: April 27, 2010

2010-01—Appointment of Chief Judge Ontonagon County Probate Court
Issued: April 27, 2010

At the Bar
February 2010 Bar Exam Admission Ceremonies

United States District Court for the Eastern District Proposes Amendments to Local Rules

Judicial Vacancy—36th District Court
Hon. C. Lorene Royster is vacating her seat on the 36th District Court. State Bar members interested in applying for the judgeship should submit an application by May 11, 2010.
View Information

The May 2010 issue of the Michigan Bar Journal is now available online at www.michbar.org/journal. This month's issue is devoted to the Michigan Trust Code, which became effective April 1.

Sections and Committees
The Animal Law Section submitted Public Policy reports on the following items:
Support: HB 6042 Animals; other; euthanizing dogs and cats by class B dealers registered with the department of agriculture; require use of certain commercially prepared solution. Amends 1978 PA 368 (MCL 333.1101333.25211) by adding sec. 7333b.

Support: HB 6043 Animals; other; euthanizing dogs and cats at animal control shelters and animal protection shelters; require use of certain commercially prepared solution. Amends 1969 PA 287 (MCL 287.331287.340) by adding sec. 8b.

State News
Lawmakers Still Seeking Retirement Plan Deal
(Lansing State Journal, 4/30/10)

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