News & Notices

Public Policy Report June 2024

 

Michigan Bar Journal

AT THE CAPITOL

HB 5393 (Hope) Juveniles: other; Juveniles: juvenile justice services; Courts: family division. Juveniles: other; default maximum time for a juvenile to complete the terms of a consent calendar case plan; increase to six months. Amends sec. 2f, ch. XIIA of 1939 PA 288 (MCL 712A.2f).
POSITION: Support.

HB 5429 (Morse) Children: services; Courts: circuit court; Children: child abuse or child neglect; Courts: family division; Courts: probate court. Children: services; court-appointed special advocate program; create. Creates new act.
POSITION: Support.

HB 5431 (Andrews) Civil procedure: remedies; Civil procedure: evidence. Civil procedure: remedies; wrongful imprisonment compensation act; modify evidence requirements. Amends secs. 2, 4, 5 & 7 of 2016 PA 343 (MCL 691.1752 et seq.).
POSITION: Support.
(Position adopted by roll-call vote. Commissioners voting in support: Anderson, Bryant, Burrell, Christenson, Clay, Cripps-Serra, Detzler, Easterly, Gant, Hamameh, Howlett, Larsen, Lerner, Low, Mansoor, Mantese, Mason, McGill, Newman, Nyamfukudza, Ohanesian, Perkins, Potts, Quick, Reiser, Simmons. Commissioners voting in opposition: Walton. Commissioners abstaining: Murray.)

SB 665 (Hoitenga) Courts: district court; Courts: employees. Courts: district court; magistrate qualifications; modify. Amends secs. 8501 & 8507 of 1961 PA 236 (MCL 600.8501 & 600.8507).
POSITION: Support in concept.

SB 688 (Chang) Juveniles: juvenile justice services. Juveniles: juvenile justice services; certain information sharing for research purposes in juvenile justice cases; allow. Amends sec. 9 of 1988 PA 13 (MCL 722.829).
POSITION: Support in concept with the following amendments:

  • Specific requirements for data-sharing agreements (specifically limitations on time and use of such records and security and record destruction requirements);
  • An additional provision requiring courts to maintain comprehensive records identifying all entities that have made requests to see records and what records are released;
  • A sanction provision (or extension of the sanction provision at MCL 722.829(4)) that would apply to researchers and their universities, agencies, or organizations who violate the data-sharing agreement required in subsection (2); and
  • A definition of the term “researcher.”

IN THE HALL OF JUSTICE

Proposed Amendment of Rule 3.967 of the Michigan Court Rules (ADM File No. 2023-34) – Removal Hearing for Indian Child (See Michigan Bar Journal March 2024, p 63).
STATUS: Comment period expired May 1; public hearing to be scheduled.
POSITION: Support.

Proposed Amendment of Rules 3.937, 3.950, 3.955, 3.993, and 6.931 of the Michigan Court Rules (ADM File No. 2023-36) – Advice of Appellate Rights; Waiver of Jurisdiction; Sentencing or Disposition in Designated Cases; Appeals; Juvenile Sentencing Hearing (See Michigan Bar Journal March 2024, p 62).
STATUS: Comment period expired May 1; public hearing to be scheduled.
POSITION: Support.

Proposed Amendment of Rules 3.901, 3.915, 3.916, 3.922, 3.932, 3.933, 3.935, 3.943, 3.944, 3.950, 3.952, 3.955, 3.977, and 6.931 and Proposed Addition of Rule 3.907 of the Michigan Court Rules (ADM File No. 2023-36) – Applicability of Rules; Assistance of Attorney; Guardian Ad Litem; Pretrial Procedures in Delinquency and Child Protection Proceedings; Summary Initial Proceedings; Acquiring Physical Control of Juvenile; Preliminary Hearing; Dispositional Hearing; Probation Violation; Waiver of Jurisdiction; Designation Hearing; Sentencing or Disposition in Designated Cases; Termination of Parental Rights; Juvenile Sentencing Hearing; Screening Tools and Risk and Needs Assessments (See Michigan Bar Journal March 2024, p 62).
STATUS: Comment period expired May 1; public hearing to be scheduled.
POSITION: Support.