Public Policy Update from the State Bar of Michigan
June 23–29, 2008
Volume 6 Issue 26

Focus: FY 2008-2009 Appropriations
The Michigan House of Representatives and Senate completed work on most of the appropriations for fiscal year 2009 before adjourning session for several weeks. Action on the remaining budgets may be concluded in mid-July, when both chambers expect to return.

Of Interest
FY 08-09 Judiciary Budget
The conference committee report was approved by the House on a vote of 100-7 and by the Senate 37-0. The budget has a total appropriation of $262.9 million and includes $550,000 for pilot mental health courts. The budget reflects a $3.1 million increase over the current year appropriation.
FY 08-09 Corrections Budget
The conference committee report was approved by the Senate on a vote of 35-2 and by the House on a vote of 67-40. The budget has a total appropriation of $2.04 billion, which is $39 million less that the current year appropriation.
FY 08-09 Human Services Budget
The conference committee report was approved by the House on a vote of 62-45 and by the Senate 37-0. The budget has a total appropriation of $4.6 billion, which is $61 million less that the current year appropriation.

In the Capitol
The House of Representatives adjourned session until July 16 and the Senate adjourned session until July 17.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 6/24–6/28
Of Interest to the Legal Community
HB 6277 Torts; malpractice; miscellaneous procedural provisions for medical malpractice actions; modify. Amends secs. 2169, 2912b, 2912d, 2912e & 5856 of 1961 PA 236 (MCL 600.2169 et seq.).

SB 1423 Family law; friend of the court; friend of the court act; make miscellaneous revisions. Amends secs. 2, 2a, 3, 4, 4c, 5, 9a, 11a, 13, 15, 17, 17b, 19, 27 & 28 of 1982 PA 294 (MCL 552.502 et seq.) & adds sec. 17f.

SB 1424 Family law; parenting time; enforcement of parenting time duties by friend of the court; modify. Amends secs. 2, 3, 3a, 5b, 5c, 5d, 5e, 7, 9, 24, 25a, 28, 29, 30, 31, 33, 35, 39, 44, 45, 46 & 48 of 1982 PA 295 (MCL 552.602 et seq.) & repeals sec. 3d of 1982 PA 295 (MCL 552.603d).

SB 1425 Family law; friend of the court; reference to domestic relations mediation in child custody act; revise to reflect amendment to friend of the court act. Amends sec. 7b of 1970 PA 91 (MCL 722.27b).

SB 1427 Civil procedure; costs and fees; consolidated fees from divorce, paternity, and family support acts; provide for. Amends secs. 2137, 2529 & 2538 of 1961 PA 236 (MCL 600.2137 et seq.).

SB 1428 Family law; child support; contract of certain services through state court administrative office; allow, and eliminate child support bench warrant enforcement fund. Amends secs. 3 & 3a of 1971 PA 174 (MCL 400.233 & 400.233a) & repeals sec. 6a of 1971 PA 174 (MCL 400.236a).

SB 1429 Family law; marriage and divorce; collection and distribution of child support provision; revise. Amends sec. 23 & 24 of 1846 RS 84 (MCL 552.23 & 552.24).

SB 1430 Family law; paternity; collection and distribution of child support provision; revise, and allow friend of the court to prosecute certain paternity actions. Amends secs. 4 & 19a of 1956 PA 205 (MCL 722.714 & 722.729a) & repeals sec. 19 of 1956 PA 205 (MCL 722.729).

SB 1431 Family law; child support; collection and distribution of child support provision; revise, and allow friend of the court to prosecute certain family support actions. Amends secs. 2, 4 & 8a of 1966 PA 138 (MCL 552.452 et seq.) & repeals sec. 7 of 1966 PA 138 (MCL 552.457).

In the Hall of Justice
Rule Amendments
2004-08—Adoption of New Rule 8.126 of the Michigan Court Rules and Amendments of Rule 9.108 of the Michigan Court Rules and Rule 15 of the Rules Concerning the State Bar of Michigan
The adoption of MCR 8.126 and the amendments of MCR 9.108 and Rule 15 of the Rules Concerning the State Bar of Michigan apply to out-of-state attorneys who seek temporary admission to the bar on or after September 1, 2008. They allow an out-of-state attorney to be authorized to appear temporarily (also known as pro hac vice appearance) in no more than five cases within a 365-day period. Because misconduct will subject the out-of-state attorney to disciplinary action in Michigan, a fee equal to the discipline and client-protection fund portions of a bar member's annual dues is imposed. The fee is required to be paid only once in each fiscal year of the State Bar of Michigan for which the attorney seeks admission. The Attorney Grievance Commission is required to keep a record of all such temporary appearances ordered by Michigan courts and administrative tribunals and agencies, and the attorney discipline system is entitled to receipt of the discipline portion of the fee paid in applying for the temporary admission. The Client Protection Fund is entitled to receipt of the portion of the fee representing the client protection fund fee. The State Bar of Michigan will apprise the Attorney Grievance Commission of any fees paid for temporary admissions. The Court plans to review these rules again within two years of their effective dates in light of the information gathered by the Attorney Grievance Commission.
Issued: June 27, 2008
Effective: September 1, 2008

At the Bar
Judicial Vacancy—1st District Court of Appeals
Hon. Helene White is vacating her seat on the 1st District Court of Appeals. State Bar members interested in applying for the judgeship should submit an application by July 1, 2008.
View Information

Judicial Vacancy—37th District Court
Hon. Walter A. Jakubowski, Jr. is vacating his seat on the 37th District Court. State Bar members interested in applying for the judgeship should submit an application by July 16, 2008.
View Information

State News
Lawmakers Approve $44B Plan for Budget
(Lansing State Journal, 6/29/08)
See also:
Budget Stalled Over K-12 Spending
(Lansing State Journal, 6/28/08)

Legislature Wraps Up Budget
(Detroit Free Press, 6/27/08)

Senate Wants Public to See Who Pays Legal Bills
(Detroit Free Press, 6/27/08)

Appeals Court Rules Against Clerk on Absentee Ballots
(Lansing State Journal, 6/26/08)

Proposal Calls for Overhauling of State Government
(Lansing State Journal, 6/26/08)
See also:
Voters Asked to Downsize Lansing
(Detroit Free Press, 6/25/08)

Report Assails Oakland's Indigent Public Defender System
(Spinal Column, 6/25/08)
See also:
System Failing the Poor?
(The Mining Journal, 6/26/08)

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