2021-2022 LEGISLATURE
HB 6344 (Lightner) Courts: other; Juveniles: juvenile justice services. Courts: other; duties of the appellate defender; include definition of youth. Amends title & secs. 2, 4, 6 & 7 of 1978 PA 620 (MCL 780.712 et seq.) & adds sec. 1a.
HB 6345 (Lightner) Criminal procedure: defenses. Criminal procedure: defenses; Michigan Indigent Defense Commission Act; expand definitions. Amends title & secs. 3, 5, 7, 9, 11, 13, 15, 17, 21 & 23 of 2013 PA 93 (MCL 780.983 et seq.).
POSITION: Support the bills in concept and recommend that they be amended to: (1) provide a broader definition of the youth defense mandate; and (2) establish appellate attorney fee incentives consistent with the MIDC Act and a requirement for the state to reimburse local systems for these fees.
IN THE HALL OF JUSTICE
Proposed Amendment of Rule 3.703 of the Michigan Court Rules (ADM File No. 2022-09) – Commencing a Personal Protection Action (See Michigan Bar Journal September 2022, p 65).
STATUS: Comment period expired Oct. 1, 2022; Public hearing to be scheduled.
POSITION: Oppose.
Proposed Amendment of Rule 6.001 and Proposed Addition of Rule 6.009 of the Michigan Court Rules (ADM File No. 2021-20) – Scope; Applicability of Civil Rules; Superseded Rules and Statutes; Use of Restraints on a Defendant (See Michigan Bar Journal July-August 2022, p 75).
STATUS: Comment period expired Oct. 1, 2022; Public hearing to be scheduled.
POSITION: Support.
Proposed Amendment of Rule 6.201 of the Michigan Court Rules (ADM File No. 2021-29) – Discovery (See Michigan Bar Journal September 2022, p 65).
STATUS: Comment period expired Oct. 1, 2022; Public hearing to be scheduled.
POSITION: Support with an additional amendment striking “the address, telephone or cell phone number, or” from the proposed language. Further recommend that the proposed amendment should be corrected to read “MCR 1.109(D)(9)(a).”
Proposed Amendment of Rule 6.502 of the Michigan Court Rules (ADM File No. 2021-48) – Motion for Relief from Judgment (See Michigan Bar Journal September 2022, p 66).
STATUS: Comment period expired Oct. 1, 2022; Public hearing to be scheduled.
POSITION: Support.
Proposed Amendment of Rule 7.202 of the Michigan Court Rules (ADM File No. 2021-35) – Definitions (See Michigan Bar Journal ____, p ___).
STATUS: Comment period expired Oct. 1, 2022; Public hearing to be scheduled.
POSITION: Oppose.
Proposed Amendment of Rule 7.215 of the Michigan Court Rules (ADM File No. 2021-39) – Opinions, Orders, Judgments, and Final Process for Court of Appeals (See Michigan Bar Journal ____, p ___).
STATUS: Comment period expired Oct. 1, 2022; Public hearing to be scheduled.
POSITION: Support and recommend that the Court give consideration to the issue of reissuing opinions and orders in trial courts identified by Mr. Bassett in his Sept. 8, 2022, comment on this matter.