January 24, 2024
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 Monday, January 13, 2025.
- Court Rule Amendments
1. ADM File No. 2024-03: Proposed Amendment of MCR 2.003
The proposed amendment of MCR 2.003 would clarify the assignment procedures when a business court judge has been disqualified from a case.
2. ADM File No. 2022-08: Proposed Amendment of MCR 7.206
The proposed amendment of MCR 7.206 would require the Court of Appeals to engage in certain procedures if it receives a county reapportionment challenge.
3. ADM File No. 2022-23: Proposed Amendment of MCR 7.306
The proposed amendment of MCR 7.306 would facilitate factual development in statewide redistricting cases.
4. ADM File No. 2022-48: Proposed Amendment of MCJC 3
The proposed amendment of MCJC 3 would allow a judge to make reasonable efforts to facilitate the ability of all litigants to be fairly heard.
- Legislation
1. Judicial Protection Act
- Model Criminal Jury Instructions
1. M Crim JI 7.3 and 16.11 proposal published for comment.pdf
The Committee proposes amending two jury instructions, M Crim JI 7.3 (Lesser Offenses of Murder) and M Crim 16.11 (Involuntary Manslaughter-Firearm Intentionally Aimed), to reflect the repeal of the negligent homicide statute, former MCL 750.324, and statutory involuntary manslaughter’s status as a cognate lesser included offense of murder, see MCL 750.329; People v Smith, 478 Mich 64 (2007). Deletions are in strike-through, and new language is underlined.
2. M Crim JI 7.11 proposal published for comment.pdf
The Committee proposes amending M Crim JI 7.11 (Legal Insanity) to add a missing alternative method of satisfying the “substantial capacity” prong of the insanity defense under MCL 768.21a(1). Deletions are in strike-through, and new language is underlined.
3. [NEW] M Crim JI 14.1a Perjury Committed During Investigative Subpoena Proceeding proposal published for comment.pdf
The Committee proposes a new jury instruction, M Crim JI 14.1a (Perjury Committed During Investigative Subpoena Proceeding), for the crime of making a false statement under oath at an investigative subpoena proceeding, as set forth in MCL 767A.9. This instruction is entirely new.
4. [NEW] M Crim JI 15.18a Moving Violation in a Work Zone or School Bus Zone Causing Death or Injury proposal published for comment.pdf
The Committee proposes a new jury instruction, M Crim JI 15.18a (Moving Violation in a Work Zone or School Bus Zone Causing Death or Injury), for the offense of committing a moving traffic violation in a work zone or school bus zone that results in death or injury, as defined in MCL 257.601b. This instruction is entirely new.
5. M Crim JI 20.31 20.32 and 20.33 proposals published for comment.pdf
The Committee proposes amending two jury instructions, M Crim JI 20.31 (Gross Indecency) and M Crim 20.33 (Indecent Exposure), to add an alternative element that would apply when the defendant is charged with being a sexually delinquent person under MCL 750.10a. The Committee also proposes deleting M Crim JI 20.32 (Sodomy) as being incompatible with the holding in Lawrence v Texas, 539 US 558 (2003). Deletions are in strike-through, and new language is underlined.
6. [NEW] M Crim JI 41.4 Making, Possessing, or Providing an Eavesdropping Device proposal published for comment.pdf
The Committee proposes a new jury instruction, M Crim JI 41.4 (Making, Possessing, or Providing an Eavesdropping Device), for the crime of manufacturing, possessing, or transferring an eavesdropping device as set forth in MCL 750.539f. This instruction is entirely new.