Public Policy Update from the State Bar of Michigan
September 22-28, 2008
Volume 6 Issue 39

FYI: Attorney-Client Privilege Waiver

On September 19, the president signed S 2450, which amends the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine.

In the Capitol
Legislative Session Schedules for October
Both the Michigan House of Representatives and Senate have tentative session days scheduled for October 15 and 29. The Senate is also expected to hold session on October 2.

Committee Meeting List

New Public Acts

Legislation Introduced 9/23–9/25
Of Interest to the Legal Community
SB 1549 Criminal procedure; evidence; misuse or removal of DNA identification profiling records; prohibit, and provide penalties.

Of General Interest
HB 6491 Children; child care; personal restraint and seclusion; clarify. Amends secs. 2c, 2d & 2e of 1973 PA 116 (MCL 722.112c et seq.).

Federal News
Justices Poised for Full Docket
(The Washington Times, 9/29/08)

U.S. House Approves Great Lake Compact
(Lansing State Journal, 9/23/08)

State News
Prison Diplomas Aim to Cut Crime
(Detroit News, 9/29/08)

Dems Paid for Failed Ballot Measure
(Lansing State Journal, 9/25/08)

Detroit Police Lab is Closed After Audit Finds Serious Errors in Many Cases
(New York Times, 9/25/08)

Group Calls for State to Cut $800M
(Detroit News, 9/23/08)

At the Bar
SBM Professional Standards Division Announces Two Hirings

SBM Animal Law Section Names 2008 Award Winners

In the Hall of Justice
Proposed Amendments
2007-40—Proposed Amendment of Rule 7.205 of the Michigan Court Rules
Alternative A would adopt the principle that the period in which to file an application for delayed appeal pursuant to MCR 7.205(F) is tolled while a claim of appeal is pending. Alternative B would clarify that the period in which to file an application for delayed appeal pursuant to MCR 7.205(F) is not tolled while a claim of appeal is pending, except as allowed by the rule.
Issued: September 23, 2008
Comment period expires: January 1, 2009
Public hearing: To be scheduled

2007-41—Proposed Amendment of Rule 2.112 of the Michigan Court Rules
The proposed amendment of MCR 2.112 would clarify that the comparative negligence provisions apply to actions based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death. This language would more closely parallel the statutory provisions of MCL 600.2957 and MCL 600.6304, as amended by 1995 PA 249.
Issued: September 23, 2008
Comment period expires: January 1, 2009
Public hearing:To be scheduled

2007-42—Proposed Amendments of Rules 7.302, 7.314, and 7.316 of the Michigan Court Rules
These proposals would give the Supreme Court the authority to correct a deficient brief or to strike a nonconforming brief, similar to the authority given the Court of Appeals in MCR 7.212(I). The proposals would also allow the Supreme Court to dismiss a case in which a party failed to pursue the case in conformity with the rules.
Issued: September 23, 2008
Comment period expires: January 1, 2009
Public hearing: To be scheduled

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