AT THE CAPITOL

Executive Budget for the Michigan Indigent Defense Commission for the 2023-2024 Fiscal Year

POSITION: Support the executive budget and oppose any reduction in MIDC funding below the executive budget, because such reduced funding will leave MIDC unable to implement its mandatory standards and to meet the state’s constitutional obligation to provide counsel to indigent criminal defendants.

Executive Budget for the Department of the Judiciary for the 2023- 2024 Fiscal Year

POSITION: Support.
(Unanimous vote by Board of Commissioners with one abstention.)

HB 4173 (Aiyash) Criminal procedure: sentencing; Corrections: jails; State agencies (existing): corrections. Criminal procedure: sentencing; criminal justice policy commission; create. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 34a & 34b to ch. IX.

POSITION: Support HB 4173, specifically the (H-1) substitute, with the following amendments:

• The membership of the commission should be altered to ensure that it is balanced, and representative of the interests and stakeholders involved in, and impacted by, sentencing policy. Similar to the Joint Task Force on Jail and Pretrial Incarceration. The (H-1) membership is too heavily weighted toward law enforcement and prosecutors, while leaving out or underrepresenting other valuable perspectives.
• The chair of the commission should not be the commission’s “chief of staff,” nor should the chair be a paid position.
• The Legislature should also give consideration to language charging the commission with making recommendations as to the extent to which sentencing guidelines should or should not apply to habitual offenders and the extent to which sentencing guidelines should apply to probation violations or be modified if applied to probation violations.

SB 0073 (Shink) Civil rights: public records; Crime victims: rights; Crimes: criminal sexual conduct. Civil rights: public records; identity of parties proceeding anonymously in civil actions alleging sexual misconduct; exempt from disclosure under freedom of information act. Amends sec. 13 of 1976 PA 442 (MCL 15.243).

POSITION: Support.

SB 0134 (Johnson) Courts: drug court; Courts: mental health court; Vehicles: equipment; Traffic control: driver license; State agencies (existing): state. Courts: drug court; specialty court authorization to issue a restricted license requiring an ignition interlock device; modify. Amends secs. 1084 & 1091 of 1961 PA 236 (MCL 600.1084 & 600.1091).

POSITION: Support.

SB 0135 (Hertel) Vehicles: registration; Vehicles: equipment; Traffic control: driver license; State agencies (existing): state; Courts: drug court; Courts: mental health court. Vehicles: registration; issuance of a restricted license requiring the installation of ignition interlock device and specialty court admission; modify. Amends secs. 83 & 304 of 1949 PA 300 (MCL 257.83 & 257.304).

POSITION: Support.

SB 0150 (Chang) Property tax: tax tribunal; Property tax: assessments; Communications: technology. Property tax: tax tribunal; methods for tax tribunal to hold small claims hearings; expand to include telephonically or by videoconferencing. Amends sec. 62 of 1973 PA 186 (MCL 205.762).

POSITION: Support.

IN THE HALL OF JUSTICE

Proposed Amendment of Rule 1.109 of the Michigan Court Rules (ADM File No. 2022-03) – Court Records Defined; Document Defined; Filing Standards; Signatures; Electronic Filing and Service; Access (See Michigan Bar Journal March 2023, p 62).

STATUS: Comment period expired May 1, 2023; public hearing to be scheduled.
POSITION: Support ADM File No. 2022-03, and authorize all sections to advocate their respective positions, including inconsistent positions.

Proposed Amendment of Rule 7.211 of the Michigan Court Rules (ADM File No. 2022-16) – Motions in Court of Appeals (See Michigan Bar Journal March 2023, p 62).

STATUS: Comment period expired May 1, 2023; public hearing to be scheduled.
POSITION: Support.

Proposed Amendment of Rule 9.123 of the Michigan Court Rules (ADM File No. 2022-13) – Eligibility for Reinstatement (See Michigan Bar Journal March 2023, p 63).

STATUS: Comment period expired May 1, 2023; public hearing to be scheduled.
POSITION: Support.

Proposed Amendment of Rules 9.220, 9.221, 9.223, 9.232, and 9.261 of the Michigan Court Rules (ADM File No. 2021-30) – Preliminary Investigation; Evidence; Conclusion of Investigation; Notice; Discovery; Confidentiality; Disclosure (See Michigan Bar Journal March 2023, p 64).

STATUS: Comment period expired May 1, 2023; public hearing to be scheduled.
POSITION: Oppose.