FOCUS: Custodial Interrogation Recording Bill passes Michigan House of Representatives
A major initiative supported by the State Bar and advanced through the work of the Bar's Custodial Interrogation Recording Task Force passed the Michigan House on July 1, 103-3. HB 5763 would mandate audiovisual recording of custodial interrogations for serious felonies. Law enforcement, prosecutors and defense attorneys worked together over the course of several years to develop the legislation in support of audiovisual recording, which is seen as an important, effective tool in the criminal justice system.
FOR YOUR CALENDAR: John R. Justice Law School Loan Repayment
To learn more about law school loan repayment for prosecutors and public defense attorneys, you are welcome to join a free webinar on July 7 or 8, scheduled for noon on both days. The webinar is being administered by Equal Justice Works.
In the Capitol
The Michigan Senate and House of Representatives adjourned for two weeks on Thursday, July 1. The next scheduled session day for each chamber is July 21, 2010, at 10 a.m.
Complete Committee Meeting List
New Public Acts
Legislation Introduced 6/29–7/1
Of General Interest
HJR HHH Public employees and officers; other; qualifications for elected public officials to hold office; disqualify if convicted of certain offenses.
HB 6305 Criminal procedure; sentencing guidelines; sentencing guidelines for notary public violations; enact.
HB 6306 Property tax; delinquent taxes; notice of judgment foreclosing property; revise.
SB 1415 Traffic control; civil infraction procedures; paperless insurance verification system; create, and provide for access by law enforcement officers.
In the Hall of Justice
July is Juror Appreciation Month, Michigan Supreme Court Announces; Courts Across State to Promote Jury Service, Thank Jurors
The Michigan Supreme Court will hold a public administrative conference on Thursday, July, 8, 2010.
2010-16—Proposed Amendments of Rules 6.302 and 6.610 of the Michigan Court Rules
These proposals were generated following the recent United States Supreme Court decision in Padilla v. Kentucky, ___ US ___; 130 S Ct 1473; 176 L Ed 2d 284 (2010), in which the Court held that defense counsel is required to inform a defendant about the risk of deportation as a potential consequence of a guilty plea. In that case, the Court held that "when the deportation consequence is truly clear, as it was in this case," counsel must give correct advice. The Court also noted that in "situations in which the deportation consequences of a particular plea are unclear or uncertain, … a criminal defense attorney need do no more than advise a noncitizen client that pending criminal charges may carry a risk of adverse immigration consequences."
Proposal A would require a judge to ask a noncitizen defendant and the defendant's lawyer if they have discussed possible risk of deportation as a consequence of a guilty plea. The focus of this inquiry is whether the defendant is a noncitizen, and what the defense counsel has told the defendant. Proposal B would require a judge to give general advice to any defendant (whether or not the defendant is represented by counsel) that a guilty plea by a noncitizen may carry immigration consequences. This alternative would obviate the need to determine the defendant's citizenship status, which the defendant may not know or be willing to divulge.
Issued: June 30, 2010
Comment period expires: October 1, 2010
Public hearing: To be scheduled
At the Bar
Register for the Annual Meeting
2010 SBM Election Winners
SBM Announces 2010 Award Winners
Towing Battles Inspires Bill to Shield Public
(Detroit Free Press, 7/4/10)
Michigan Lawmakers OK School Boost
(Detroit News, 7/2/10)
State Supreme Court Justice Elizabeth Weaver Will Seek Reelection Without Party Affiliation
MSU Will Study Time Needed to Clear Backlog of Unprocessed Rape Test Kits
(Detroit News, 7/1/10)