April 25, 2025
Board of Commissioners
Public Policy Items To Be Considered
Members who wish to share comments on any of the items below may do so by filling out a Public Policy Comment form or emailing ntriplett@michbar.org before 5:00 p.m. on Tuesday, April 22, 2025.
A. Court Rule Amendments
1. ADM File No. 2023-12: Proposed Amendment of MCR 3.602
The proposed amendment of MCR 3.602(A) would clarify the applicability of MCR 3.602 and the Michigan Uniform Arbitration Act, MCL 691.1681 et seq
2. ADM File No. 2022-34: Proposed Amendment of MCR 3.991
The proposed amendment of MCR 3.991 would clarify the process for judicial reviews of referee recommendations in juvenile cases by allowing the parties to waive judicial review, limiting a judge’s ability to conduct an early review, and requiring a judge to conduct a requested review in all cases within 21 days of the request.
3. ADM File No. 2023-22: Proposed Amendment of MRPC 6.1
The proposed amendment of MRPC 6.1 would clarify and expand the scope of pro bono service.
B. Legislation
1. HB 4174 (Wegela) Juveniles: other; presumption of admissibility for a juvenile's self-incriminating responses obtained through deceptive police practices; modify. Amends sec. 1, ch. XIIA of 1939 PA 288 (MCL 712A.1) & adds sec. 17e to ch. XIIA.
C. Consent Agenda
1. M Crim JI 13.1 and 13.2
The Committee proposes amending M Crim JI 13.1 (Assaulting, Resisting, or Obstructing a Police Officer or Person Performing Duties) and M Crim JI 13.2 (Assaulting or Obstructing Officer or Official Performing Duties) to place more emphasis on the requirement that the jury receive instructions on the legal framework for assessing whether the officers’ actions were lawful. See People v Carroll, ___ Mich ___; 8 NW3d 576 (July 19, 2024) (Docket No. 166092). For each instruction, the proposed amendments would move the information currently conveyed in Use Note 4 into the body of the instruction. Deletions are in strikethrough, and new language is underlined.
2. M Crim JI 20.6 and 20.16
The Committee proposes amending M Crim JI 20.6 (Aiders and Abettors –Complainant Mentally Incapable, Mentally Incapacitated, or Physically Helpless) and M Crim JI 20.16 (Complainant Mentally Incapable, Mentally Incapacitated, or Physically Helpless) to reflect a recent change to the statutory definition of “mentally incapacitated.” See MCL 750.520a(k), as amended by 2023 PA 65. Deletions are in strikethrough, and new language is underlined.
3. M Crim JI 43.1, 43.1a, 43.2a, 43.3, and 43.3a
The Committee proposes new jury instructions for six election-related crimes found in MCL 168.931(1) and MCL 168.932(a): M Crim JI 43.1 (Offering an Incentive to Influence Voting), M Crim JI 43.1a (Bribing or Menacing an Elector), M Crim JI 43.2 (Accepting or Agreeing to Accept an Incentive Regarding Voting), M Crim JI 43.2a (Seeking an Incentive from a Candidate), M Crim JI 43.3 (Voter Coercion – Employment Threat), and M Crim JI 43.3a (Voter Coercion – Religious Threat). These instructions are entirely new.