Public Policy Update from the State Bar of Michigan
December 5–11, 2011
Volume 9 Issue 50

FOCUS: Indigent Defense Advisory Commission Meets
Governor Rick Snyder's Indigent Defense Advisory Commission will meet this Friday, December 16, beginning at 9:30 a.m. at the State Bar of Michigan Building located at 306 Townsend Street, Lansing.

In the Capitol
The Michigan House and Senate are scheduled to be in session December 13-15. Once they adjourn, they will be recessed until January 11, 2012.
View House Session Schedule
View Senate Session Schedule

Committee Meetings of Interest for the Week of 12/12
12/13 Senate Appropriations: Human Services Department
Agenda: Testimony from the Michigan Association of Family Court Administrators (MAFCA) and the Department of Human Services on the state's juvenile justice system

12/13 Senate Judiciary
Agenda: HB 5105 Reduce in number certain circuit court and district court judgeships (**PENDING REFERRAL**); And any other business properly before the committee.

12/15 House Local, Intergovernmental, and Regional Affairs
Agenda Item of Interest: Presentation by Kevin J. Bowling, J.D., Court Administrator 20th Judicial Circuit and Ottawa County Probate Courts.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 12/6–12/8
View all bills introduced 12/6–12/8

Of Interest to the Legal Community
HB 5198 Traffic control; other; certain driver responsibility fees; eliminate, and provide for the removal of points from driving records under certain circumstances. Amends sec. 732a of 1949 PA 300 (MCL 257.732a).

Of General Interest
SB 876 Occupations; physicians; professional liability insurance; require for certain physicians. Amends secs. 16221 & 16226 of 1978 PA 368 (MCL 333.16221 & 333.16226) & adds secs. 17017 & 17517.

At the Bar
SBM Real Property Law Section to Host Winter Conference March 15-17 in Orlando

Sections and Committees
The Business Law Section submitted a Public Policy position on SB 707 Civil procedure; discovery; uniform interstate depositions and discovery act; adopt. Amends sec. 1852 of 1961 PA 236 (MCL 600.1852) & adds ch. 22.

The Family Law Section submitted a Public Policy position on HB 5163 Family law; child custody; delegation of visitation rights for service members; allow. Amends sec. 7 of 1970 PA 91 (MCL 722.27) & adds sec. 7c.

Federal News
Supreme Court Again Considers Defendants' Right to Confront Their Accusers
(Washington Post, 12/6/11)
Also See:
Can Lab Tests Stand in Court, Short of Expert Testimony?
(USA Today, 12/7/11)
Are Lab Analysts 'Witnesses'? Supreme Court Considers
(Los Angeles Times, 12/6/11)

In the Hall of Justice
Rule Amendments
2008-36 Amendment of Rule 7.205 of the Michigan Court Rules
This amendment addresses the situation that arose in People v Richmond, 486 Mich 29 (2010), in which a prosecutor's dismissal of a case following a trial court's suppression of evidence in the case resulted in a finding that the appeal of the suppression order was moot. Under the amendment above, a party could pursue an interlocutory appeal of a trial court suppression order and in most cases would be entitled to a stay in the case.
Issued: December 8, 2011
Effective: January 1, 2012

2010-19 Amendment of Subchapter 7.100 of the Michigan Court Rules
These rules reflect a total rewrite of the rules relating to appeals to circuit court, and are modeled on the rules of the Court of Appeals.
Issued: December 8, 2011
Effective: May 1, 2012

Other Actions
2002-24 Proposed Amendment of Rule 7.3 of the Michigan Rules of Professional Conduct
Issued: December 8, 2011
Action: Decline to adopt and close the file

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: December 8, 2011
Action: Decline to adopt and close the file

State News
Changing the System: Veterans' Courts Helping Those Who Served
(Lansing State Journal, 12/12/11)

Michigan Supreme Court Clears Child's Testimony Behind Screen
(Detroit Free Press, 12/10/11)

Michigan House Bills Would Trim Number of Judges
(Macomb Daily, 12/9/11)

Gov. Snyder Picks Date for State of the State Address
(Detroit News, 12/8/11)

Snyder: Public Safety a Priority
(Detroit News, 12/8/11)

Snyder Signs Anti-Bullying Law: 'I Was a Victim'
(Detroit News, 12/7/11)

Michigan Lets Prisoners Go—And Saves Bundle
(Bloomberg Business Week, 12/1/11)

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