Public Policy Update from the State Bar of Michigan
May 27–June 1, 2008
Volume 6 Issue 22

Register Today: June 19 Michigan Public Defense Task Force Annual Conference
On Thursday, June 19 The Michigan Public Defense Task Force will hold its Annual Conference, "Reforming Public Defense, Serving Our Communities. " The free one-day conference will be held at the Lansing Center (333 E. Michigan Ave, Lansing, MI 48933) from 9:00 am–5:00 pm, with reception following. The conference is an opportunity to engage in a discussion about Michigan's public defense system and the potential for reform. Join national and local experts in exploring critical public defense issues and identifying opportunities to advocate for programs that improve the system and reduce recidivism.
Register
Agenda

In the Capitol
Committee Meetings of Interest for the Week of 6/2
6/3 Senate Judiciary
Agenda: SB 1328 Expand reporting requirements for discovery of child pornography on a computer to include computer repair technicians and add penalties for not reporting; SR 181 A resolution to urge the Michigan Attorney Grievance Commission to expand its examination in its pending grievance investigation to all attorneys acting on behalf of the parties and litigants involved in the highly publicized police whistleblower lawsuit and all other related litigation with the city of Detroit for their actions and inactions arising from these matters.

6/4 House Judiciary
Agenda: HB 4859 Revise jury pool selection process; HB 4934 Allow names and addresses of taxpayers to be disclosed to jury boards for selecting jury pools; HR 281 A resolution to memorialize the United States Congress to reauthorize the DNA backlog program.
For referral to the Committee on Tourism, Outdoor Recreation and Natural Resources: HB 5754 Allow possession and operation of electrical devices designed to temporarily incapacitate persons for holders of concealed weapons permits; HB 5755 Revise provisions governing concealed pistol licensee's right to carry electro-muscular disruption device; HB 5756 Revise guidelines for carrying concealed pistol in prohibited place to include stun guns.

Positions on HB 4859:
State Bar: Support
Civil Procedure and Courts Committee: See Report
Criminal Law Section: Support in Principle
Justice Initiatives Committee: Support.
Positions on HB 4934:
State Bar: Support
Civil Procedure and Courts Committee: See Report
Criminal Law Section Position: Support in Principle
Justice Initiatives Committee Position: Support

Complete Committee Meeting List

New Public Acts

Legislation Introduced 5/27–5/28
Of Interest to the Legal Community
HB 6183 Criminal procedure; evidence; electronic recording of criminal suspect interrogation sessions; require under certain circumstances. Amends 1927 PA 175 (MCL 760.1777.69) by adding sec. 7 to ch. III.

In the Hall of Justice
Rule Amendments
2005-36—Amendment of Rules 2.119, 7.204, and 7.205 of the Michigan Court Rules
The amendments of MCR 7.204 and MCR 7.205 clarify that a party who seeks to appeal to the Court of Appeals has 21 days after the entry of an order deciding a motion for new trial, a motion for rehearing or reconsideration, or a motion for other relief from the order or judgment appealed to file a claim of appeal or an application for leave to appeal, if the motion is filed within the initial 21-day appeal period. The amendments also limit the ability of the trial court to extend the 21-day period under MCR 7.204(A)(1)(b), MCR 7.205(A)(2), and MCR 7.205(F)(3)(b) to situations in which good cause is shown.
For consistency with the amendments of MCR 7.204 and MCR 7.205, and to eliminate a conflict between MCR 2.119(F)(1) and MCR 7.204(A)(1)(b), the time limit for filing a motion for rehearing or reconsideration in the trial court under MCR 2.119(F)(1) is increased from 14 to 21 days.
Issued: May 28, 2008
Effective: September 1, 2008

2006-04—Amendment of Rules 3.204 and 3.212 of the Michigan Court Rules (Proceedings Affecting Minors and Postjudgment Transfer of Domestic Relations Cases)
The amendments of MCR 3.204 consolidate multiple actions involving more than one child of the same parents in a single action so that all issues between the parents can be determined in a single action. The amendments also require multiple cases involving children of the same parents to be filed in the same county when possible to allow a single judge to consider all support, custody, and parenting time matters involving the same family. The amendment of MCR 3.204(A)(4) states that when the rule requires a supplemental pleading, all filing and judgment entry fees must be paid as if the action was filed separately.

The amendments of MCR 3.212 require the friend of the court to transfer cases to allow a court to consolidate multiple cases involving different children of the same parents in a single court so that all issues between the parents could be determined in a single action. The amendments also allow the transferee friend of the court to take ex parte action to obtain orders to change county-specific orders to the transferee county or circuit.
Issued: May 28, 2008
Effective: September 1, 2008

2006-10—Amendment of Rule 2.603 of the Michigan Court Rules
This amendment eliminates the requirement to file for the cancellation of a note or writing indicating written evidence of indebtedness when applying to the clerk for a default judgment.
Issued: May 28, 2008
Effective: September 1, 2008

2007-21—Amendment of Rule 2.510 of the Michigan Court Rules
The amendment of MCR 2.510(E) was added by the Court pursuant to MCL 600.1324. Subrule (E) requires that, in a district court district comprised of a city located in two or more counties, jurors must be selected for court attendance at that district from a list that includes the names and addresses of jurors from the entire city. The rule is applicable to both civil and criminal cases pursuant to MCR 6.412(A).
Issued: May 28, 2008
Effective: September 1, 2008

2007-27—Retention of Amendment of Rule 5.125 of the Michigan Court Rules
By this order, the Court retains the amendment of MCR 5.125 that conforms the rule to language in MCL 700.5311 by clarifying that parents are interested persons entitled to notice in a petition for appointment of a guardian for an alleged incapacitated individual, and further clarifies that only adult children are entitled to notice under this rule and the statute.
Issued: May 28, 2008
Effective: Immediately

2007-36—Amendment of Rule 9.208 of the Michigan Court Rules

These amendments require that all parties to a Judicial Tenure Commission proceeding that is scheduled for a public hearing exchange material in their possession that they intend to introduce as evidence at the hearing. The amendments also require the parties to give supplemental notice of any additional material within 5 days after having been identified, and at least 10 days before a scheduled hearing.
Issued: May 28, 2008
Effective: September 1, 2008

At the Bar
The State Bar of Michigan's Public Policy, Image, and Identity Committee will meet on Tuesday, June 10 and the Board of Commissioners will meet on Friday, June 13. For more information, please contact pcunningham@mail.michbar.org.

State News
Michigan Braces for Another Messy Fight Over Budget, Taxes
(Detroit News, 6/2/08)

Drive to End Term Limits Suspended
(Free Press, 5/30/08)

Lansing to Consider Business Tax Changes
(Detroit News, 5/30/08)

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