AT THE CAPITOL
HB 5046 (Shannon) Civil procedure: costs and fees; Courts: reporters or recorders; Civil procedure: costs and fees; fees for transcripts; increase. Amends sec. 2543 of 1961 PA 236 (MCL 600.2543).
POSITION: Neutral on the bill due to the absence of a fee waiver for indigent parties and parties represented by pro bono counsel in civil matters.
HB 5131 (Skaggs) Legislature: apportionment; Legislature: other; Courts: court of appeals; Legislature: apportionment; redistricting of court of appeals; provide for. Amends secs. 301, 302 & 303d of 1961 PA 236 (MCL 600.301 et seq.); adds sec. 303e & repeals secs. 303a, 303b & 303c of 1961 PA 236 (MCL 600.303a et seq.).
POSITION: Oppose HB 5131 because additional Court of Appeals judges are not warranted based on the court’s existing or anticipated caseload; No position on the proposed redistricting of Court of Appeals judicial districts.
(Position adopted by roll call vote. Commissioners voting in support: Anderson, Bennett, Bryant, Burrell, Christenson, Clay, Cripps-Serra, Easterly, Evans, Hamameh, Howlett, Larsen, Lerner, Low, Mansoor, Mantese, Mason, McGill, Murray, Nyamfukudza, Ohanesian, Perkins, Quick, Reiser, Simmons, Simpson, Walton. Commissioners abstaining: Gant.)
HB 5271 (Hope) Criminal procedure: DNA; Criminal procedure: DNA; post-conviction DNA testing; modify. Amends sec. 16, ch. X of 1927 PA 175 (MCL 770.16).
POSITION: Support.
(Position adopted by roll call vote. Commissioners voting in support: Anderson, Bennett, Bryant, Burrell, Christenson, Clay, Cripps-Serra, Easterly, Evans, Gant, Hamameh, Howlett, Larsen, Lerner, Low, Mansoor, Mantese, Mason, McGill, Murray, Nyamfukudza, Ohanesian, Reiser, Simmons, Simpson. Commissioners voting in opposition: Walton. Commissioners abstaining: Quick.)
HB 5300 (Pohutsky) Probate: other; Probate: other; name change proceedings; modify. Amends secs. 1 & 3, ch. XI of 1939 PA 288 (MCL 711.1 & 711.3).
POSITION: Support.
SB 0514 (Irwin) Civil procedure: costs and fees; Courts: reporters or recorders; Civil procedure: costs and fees; fees for transcripts; increase. Amends sec. 2543 of 1961 PA 236 (MCL 600.2543).
POSITION: Neutral on the bill due to the absence of a fee waiver for indigent parties and parties represented by pro bono counsel in civil matters.
IN THE HALL OF JUSTICE
Proposed Rescission of Administrative Order No. 2020-17 and Proposed Amendment of Rule 4.201 of the Michigan Court Rules (ADM File No. 2020-08) – Continuation of Alternative Procedures for Landlord/Tenant Cases; Summary Proceedings to Recover Possession of Premises (See Michigan Bar Journal October 2023, p 60).
STATUS: Comment period expires Jan. 1, 2024; Public hearing to be scheduled.
POSITION: Support.
Proposed Amendments of Rules 1.15 and 1.15A and Proposed Additions of Rules 1.15B and 1.15C of the Michigan Rules of Professional Conduct (ADM File No. 2022-19) – Safekeeping Property; Trust Account Overdraft Notification; Lawyer Trust Account Records Trust Account Overdraft Notification (See Michigan Bar Journal November 2023, p 60).
STATUS: Comment period expires Jan. 1, 2024; Public hearing to be scheduled.
POSITION: Support.
Proposed Amendment of Rule 3.701 and Proposed Additions of Rules 3.715, 3.716, 3.717, 3.718, 3.719, 3.720, 3.721, and 3.722 of the Michigan Court Rules (ADM File No. 2023-24) – Personal Protection Proceedings; Applicability of Rules: Forms; Definitions; Commencing an Extreme Risk Protection Action; Dismissal; Issuing Extreme Risk Protection Orders; Orders; Modification, Termination, or Extension of Order; Contempt Proceedings for Violation of Extreme Risk Protection Orders; Appeals (See Michigan Bar Journal November 2023, p 60).
STATUS: Comment period expires Jan. 1, 2024; Public hearing to be scheduled.
POSITION: Support with amendments recommended by the Family Law Section.
Proposed Amendment of Rule 4.303 of the Michigan Court Rules (ADM File No. 2022-33) – Notice (See Michigan Bar Journal November 2023, p 65).
STATUS: Comment Period Expires 01/01/24; Public Hearing to be Scheduled.
POSITION: Support with two additional amendments: (1) clarifying when “within 91 days” begins; and (2) including additional language, as follows: “Prior to a court dismissing a case for no progress on its own initiative, the court shall serve notice on all parties that the case will be dismissed if no progress has been made within 14 days.”
Proposed Amendments of Rules 6.907, 6.909, and 6.933 of the Michigan Court Rules (ADM File No. 2022-24) – Arraignment on Complaint and Warrant; Releasing or Detaining Juveniles Before Trial or Sentencing; Juvenile Probation Revocation (See Michigan Bar Journal November 2023, p 64).
STATUS: Comment period expires Jan. 1, 2024; Public hearing to be scheduled.
POSITION: Support with the following amendments:
1. After each instance of the new sentence “Best efforts must be made to avoid placing youthful inmates in isolation to comply with this provision”, add another sentence reading “If the youthful inmate is placed in isolation, the jail must immediately notify the assigned judge or on-call judge or magistrate and indicate the reasons for the placement in isolation, and the court must provide the youthful inmate with an opportunity for a hearing within 24 hours.”
2. Clarify the definition of “youthful inmate.”