Public Policy Update from the State Bar of Michigan
June 27–July 3, 2011
Volume 9 Issue 27

FOCUS: New Legislative District Maps
Last week, the state legislature passed final redistricting maps for the State House, State Senate, and U.S. House of Representatives.
House Redistricting Maps
Senate Redistricting Maps
Congressional Redistricting Maps
See also:
GOP Redistricting Plans Head to Snyder; Dem Legal Challenge Likely
(Detroit News, 6/30/11)
Legislature Approves Redistricting, but Challenge Likely
(Detroit Free Press, 6/30/11)

FOCUS: Michigan Supreme Court Issues Rule Changes for Jurors
On June 29, the Michigan Supreme Court issued an Administrative Order implementing new rules for juries.
2005-19—Amendment of Rules 2.512, 2.513, 2.514, 2.515, 2.516, and 6.414 of the Michigan Court Rules
The amendments in this order reflect the Court's approval of many of the jury reform principles tested in the Court's two-year jury reform pilot project that ended in December 2010. Under this order, jury practices for both civil and criminal proceedings are generally incorporated in a new MCR 2.513. The Court will review the efficacy of these amendments in 2014.
Issued: June 29, 2011
Effective: September 1, 2011
See also:
New Jury Reform Rules Aimed at Greater Engagement by Jurors
(Michigan Supreme Court, 6/29/11)
Supreme Court Rewrites Jury Procedures Effective September 1
(SBM Blog, 6/29/11)
Michigan Supreme Court Ruling Empowers Jurors' Role
(Detroit News, 6/30/11)
Michigan Supreme Court Gives Jurors More Leeway in the Courtroom
(Detroit Free Press, 6/30/11)
Jury Reforms Pioneered by Muskegon Judge Going Statewide
(Muskegon Chronicle, 6/30/11)
Why Some Attorneys Say New Jury Rules Will Cause Problems

In the Capitol
The Michigan Legislature has adjourned formal session for most of July and August. The House of Representatives is scheduled to be in session at 10 a.m. on July 27 and August 17. The Senate is scheduled to be in session at 10 a.m. on July 13 and August 24.
Senate Session Schedule
House Session Schedule

Complete Committee Meeting List

New Public Acts

Legislation Introduced 6/28–6/30
View all bills introduced 6/28–6/30

Of Interest to the Legal Community
HB 4844 Civil procedure; personal protection orders; statewide personal protection order registry; create, and provide for law enforcement information network (LEIN) access. Amends secs. 2950 & 2950a of 1961 PA 236 (MCL 600.2950 & 600.2950a) & adds sec. 2950n.

SB 535 Crime victims; rights; removal of certain definitions from crime victims services statute in the code of criminal procedure; amend to reflect. Amends sec. 1j, ch. IX of 1927 PA 175 (MCL 769.1j).

SB 536 Crime victims; rights; victim assessments; extend to all crimes. Amends secs. 1 & 5 of 1989 PA 196 (MCL 780.901 & 780.905).

SB 537 Crime victims; rights; juvenile offender assessments; extend to all misdemeanors. Amends secs. 18 & 18m, ch. XIIA of 1939 PA 288 (MCL 712A.18 & 712A.18m).

SB 538 Crime victims; rights; removal of certain definitions from crime victims services statute in the revised judicature act of 1961; amend to reflect. Amends sec. 8381 of 1961 PA 236 (MCL 600.8381).

SB 539 Probate; guardians and conservators; appointment in this state of guardians and conservators appointed in other jurisdictions; allow. Amends secs. 5313 & 5433 of 1998 PA 386 (MCL 700.5313 & 700.5433) & adds secs. 5202a & 5301a.

SB 545 Family law; marriage and divorce; divorce; require a divorce effects program before entry of judgment of divorce. Amends 1846 RS 84 (MCL 552.1552.45) by adding sec. 5.

SB 546 Family law; marriage and divorce; prerequisites for issuance of a marriage license; require premarriage program or longer waiting period. Amends title & secs. 3 & 3a of 1887 PA 128 (MCL 551.103 & 551.103a) & adds sec. 2a & 2b.

SB 547 Family law; child custody; child parenting plan; require in child custody disputes. Amends title and secs. 1, 2, 4 & 11 of 1970 PA 91 (MCL 722.21 et seq.) & adds sec. 5a.

SB 557 Family law; paternity; revocation of paternity act; enact. Creates new act.

SB 558 Family law; paternity; acknowledgment of parentage; allow to be set aside under revocation of paternity act. Amends sec. 7 of 1996 PA 305 (MCL 722.1007) & repeals sec. 11 of 1996 PA 305 (MCL 722.1011).

SB 559 Family law; paternity; order of filiation; allow to be set aside under revocation of paternity act. Amends sec. 10 of 1956 PA 205 (MCL 722.720).

SB 560 Family law; paternity; determination of parentage for intestate succession; provide for determination under revocation of paternity act. Amends sec. 2114 of 1998 PA 386 (MCL 700.2114).

In the Hall of Justice
Rule Amendments
2005-19—Amendment of Rules 2.512, 2.513, 2.514, 2.515, 2.516, and 6.414 of the Michigan Court Rules
The amendments in this order reflect the Court's approval of many of the jury reform principles tested in the Court's two-year jury reform pilot project that ended in December 2010. Under this order, jury practices for both civil and criminal proceedings are generally incorporated in a new MCR 2.513. The Court will review the efficacy of these amendments in 2014.
Issued: June 29, 2011
Effective: September 1, 2011

Proposed Amendments
2010-12—Proposed Amendment of Rule 606 of the Michigan Rules of Evidence and Proposed Amendment of Rule 2.512 of the Michigan Court Rules
This proposal is intended to provide guidance (similar to FRE 606[b]) about the scope of inquiry that jurors may be subject to following a verdict and establish a procedure by which postverdict contact with jurors may be sought.
Issued: June 28, 2011
Comment period expiration: October 1, 2011
Public hearing: To be scheduled

2010-13—Proposed Amendment of Rule 6.001 of the Michigan Court Rules
The intent of this proposed amendment is to clarify that discovery, which is not allowed under subsection (B) in criminal cases cognizable in the district courts, may be allowed after indictment or information following the preliminary hearing.
Issued: June 28, 2011
Comment period expiration: October 1, 2011
Public hearing: To be scheduled

2010-19—Proposed Amendment of Subchapter 7.100 of the Michigan Court Rules
This proposal was submitted to the Court in May 2010 by the Circuit Court Appellate Rules Revision Committee. The committee was comprised of appellate practice attorneys and judges (including circuit, district, and Court of Appeals judges). It is published for comment as submitted.
Issued: June 28, 2011
Comment period expiration: October 1, 2011
Public hearing: To be scheduled

Other Actions
REVISED Administrative Order No. 2011-1—File No. 2002-37
E-filing Pilot Project in the 3rd Circuit Court (Wayne County)
Issued: June 28, 2011
Effective: This administrative order supersedes the order that entered February 1, 2011, and continues in effective until July 1, 2015, or until further order of the Court

At the Bar
SBM Announces Results of 2011 Elections

SBM Paralegal/Legal Assistant Section Congratulates First Shining Star Award Winner

Federal News
Pay Frozen, More New York Judges Leave Bench
(New York Times, 7/4/11)

U.S. Senate Votes to Streamline the Confirmation Process
(New York Times, 6/30/2011)

A Significant Term, With Bigger Cases Ahead
(New York Times, 6/28/11)

State News
Appeals Court Panel Strikes Down Michigan's Affirmative Action Ban
(Detroit Free Press, 7/2/11)
See also:
Court: Michigan's Ban on Race in College Admissions Illegal
AP/The Detroit News, 7/1/11)

Michigan Governor Satisfied with Accomplishments So Far
(Lansing State Journal, 7/1/11)

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