Public Policy Update from the State Bar of Michigan
June 7–13, 2010
Volume 8 Issue 24

In the Capitol
Committee Meetings of Interest for the Week of 6/14
6/15 Senate Judiciary
Agenda: SB 1283 Require use of most technologically advanced equipment on site for ultrasound equipment used on woman seeking an abortion.

6/16 House Judiciary
Agenda: HB 4497 Restore good time system for all prisoners and eliminate disciplinary credits and disciplinary time; HB 4498 Eliminate provisions of prison code relating to disciplinary time and disciplinary credits, and restore good time credits; HB 4499 Eliminate reference to disciplinary time in provisions concerning sentencing multiple felonies; HB 6038 Provide for penalties for possession, use, or sale of a chemically altered compound used for explicit purpose of getting high; HB 6226 Prohibit possession or use of certain substances that mimic effects of marihuana and provide penalties; And any other business properly before this committee.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 6/8–6/10
Of Interest to the Legal Community
SB 1376 Probate; trusts; technical amendments to the Michigan trust code; provide for. Amends secs. 1209, 2519, 3207, 7105, 7411, 7414, 7817, 7821 & 7910 of 1998 PA 386 (MCL 700.1209 et seq.).

SB 1377 Probate; trusts; cross-reference to the estates and protected individuals code in the cemetery regulation act; correct to reflect adoption of Michigan trust code. Amends sec. 16 of 1968 PA 251 (MCL 456.536).

SB 1378 Probate; trusts; cross-reference to the estates and protected individuals code in the prepaid funeral and cemetery sales act; correct to reflect adoption of Michigan trust code. Amends sec. 12 of 1986 PA 255 (MCL 328.222).

SB 1379 Civil procedure; other; satisfaction of judgment; require creditor to file on payment in full. Amends 1961 PA 236 (MCL 600.101600.9947) by adding sec. 6099.

SB 1383 Children; protection; certain criteria for court jurisdiction of abuse or neglect cases; clarify. Amends secs. 2 & 7 of 1975 PA 238 (MCL 722.622 & 722.627).

Of General Interest
HB 6257 Public employees and officers; state; provision relating to representation of the state by the attorney general; modify. Amends sec. 28 of 1846 RS 12 (MCL 14.28).

In the Hall of Justice
Rule Amendments
2009-06—Amendment of Rule 5.4 of the Michigan Rules of Professional Conduct
The primary amendment of MRPC 5.4 adds proposed paragraph (a)(4), which specifically allows a lawyer to "share court-awarded legal fees with a nonprofit organization that employed, retained, or recommended employment of the lawyer in the matter."
Issued: June 8, 2010
Effective: September 1, 2010

Proposed Amendments
2010-21—Proposed Amendment of Rule 8.110 of the Michigan Court Rules
This proposal would exclude cases that are stayed during an interlocutory appeal from being included in the group of cases that a chief judge must report to the State Court Administrator that are delayed beyond the time guidelines.
Issued: June 8, 2010
Comment period expires: October 1, 2010
Public hearing: To be scheduled

Appointments
2010-01—Appointment to the Court Reporting and Recording Board of Review
Issued: June 8, 2010

At the Bar
Judicial Vacancy—3rd Circuit Court
Hon. Isidore B. Torres is vacating his seat on the 3rd Circuit Court. State Bar members interested in applying for the judgeship should submit an application by June 17, 2010.
View Information

Judicial Vacancy—3rd Circuit Court
Hon. Bill Callahan is vacating his seat on the 3rd Circuit Court. State Bar members interested in applying for the judgeship should submit an application by June 17, 2010.
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Judicial Vacancy—43rd District Court
Hon. Robert J. Turner is vacating his seat on the 43rd District Court. State Bar members interested in applying for the judgeship should submit an application by July 6, 2010.
View Information

FOCUS: The Board of Commissioners met on June 12, 2010, at which time the State Bar of Michigan adopted the following Public Policy positions by a unanimous vote:

2010-08—(Proposed Administrative Order No. 2010-X)—Proposal to Rescind Administrative Order No. 2003-7 and Adopt Administrative Order No. 2010-X (Caseflow Management Guidelines)
This proposal would update the guidelines contained in Administrative Order 2003-7. The following list summarizes the changes that would be made by the proposed order.
1. Add to the beginning of the order language about good cause for delays and remove related language from specific case categories.
2. Move to the beginning of the order language about matters submitted to judge (this language currently exists at the end of the order).
3. Eliminate all interim guidelines, leaving only initial and final guidelines.
4. Decrease time for adjudicating 90% of mental illness petitions from 14 to 7 days. This time frame would apply to probate and circuit courts.
5. Eliminate guidelines for miscellaneous cases in probate court.
6. Decrease the percentage for preliminary examinations within 14 days from 100% to 80%. Add a 100% guideline for conclusion within 28 days. Extend the goals to include both commencement and conclusion of the examination.
7. Increase the time for adjudicating 90% of divorce cases without children from 91 to 182 days.
8. Increase the time for adjudicating 90% of divorce cases with children from 245 to 301 days.
9. Eliminate guidelines for responding interstate registration cases.
10. Increase the time for adjudicating name change from 91 to 126 days.
11. Increase the time for adjudicating 90% of felony cases from 91 to 154 days.
SBM Position: Support rescinding Administrative Order 2003-7. Support changes in 2010-X but advise the Court that sections and committees will advocate based on their practice areas. Sections and committees will ask for amendments to the Order as published. Support a change to the proposed guidelines that would eliminate a standard of 100%.

HB 5371 Courts; other; certain court fees; exempt prosecuting attorneys from paying. Amends secs. 321 & 2529 of 1961 PA 236 (MCL 600.321 & 600.2529).
SBM Position: Rescind position of support adopted in March 2010 and take no position.

HB 5995 Criminal procedure; expunction; destruction of fingerprint records and arrest card for juveniles who successfully complete probation; allow. Amends sec. 3 of 1925 PA 289 (MCL 28.243).
SBM Position: Support with amendments requested by the Criminal Issues Initiative and the Criminal Jurisprudence and Practice Committee.

HB 5800 Civil procedure; other; court rules addressing actions under sections 25 to 32 of article IX of the state constitution; recommend revisions. Amends sec. 308a of 1961 PA 236 (MCL 600.308a) & adds secs. 308b, 308c, 308d, 308e, 308f & 308g.
SBM Position: Oppose

Federal News
Will California's 'Top Two' Primary Work?
(New York Times, 6/9/10)

State News
Lawmakers Continue State Budget Debates
(Detroit News, 6/9/10)

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