July 26, 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 Tuesday, July 23, 2024.
A. Court Rule Amendments
1. ADM File No. 2022-38: Proposed Amendments of MCR 2.625, 7.115, 7.219 and 7.319
The proposed amendments of MCR 2.625, 7.115, 7.219 and 7.319 would: (1) require courts to stay enforcement of taxed costs while an appeal is pending or until time for filing an appeal has passed, (2) align the timeframe for filing a bill of costs in the Court of Appeals with the timeframe for filing an application for leave to appeal, (3) incorporate into MCR 7.219 the Court of Appeals internal operating procedure 7.219(B) that allows, upon reversal of a Court of Appeals decision, the new prevailing party to file a new bill of costs in the Court of Appeals, and (4) include in the lists of taxable costs those costs awarded in the lower court in accordance with MCL 600.2445(4).
2. ADM File No. 2022-46: Proposed Amendment of MCR 3.305
The proposed amendment of MCR 3.305 would clarify where to file a mandamus action.
3. ADM File No. 2024-06: Proposed Amendment of MCR 3.306
In accordance with MCL 600.4501(2), the proposed amendment of MCR 3.306(B)(3)(b) would prohibit a court from granting leave to a private individual who is bringing a quo warranto action that relates to the offices of electors of President and Vice President of the United States.
4. ADM File No. 2021-05: Proposed Amendment of MCR 6.302
The proposed amendment of MCR 6.302 would require a court that has engaged in a preliminary evaluation of the sentence to inform the defendant that the final sentencing range may differ from the original estimate, and if different, advise the defendant about whether they would be permitted to withdraw their plea, and include in the evaluation a numerically quantifiable sentence term or range.
5. ADM File No. 2022-25: Proposed Amendment of MCR 7.103
The proposed amendment of MCR 7.103 would require that an appeal to circuit court be heard by a judge other than the judge that conducted the trial.
6. ADM File No. 2022-12: Proposed Amendment of MCR 7.118
The proposed amendment of MCR 7.118 would allow the prisoner’s attorney access to the parole eligibility report(s) and guidelines, require MDOC to provide the record on appeal within 14 days of being served with a prosecutor’s application for leave to appeal the parole board’s decision, require in all other appeals that MDOC provide the record on appeal within 14 days of the court granting the application for leave to appeal, and require confidential portions of the record to be filed under seal with access limited to certain people.
7. ADM File No. 2022-56: Proposed Amendment of MRPC 3.7
The proposed amendment of MRPC 3.7 would clarify that in accordance with Const 1963, art 1, § 13, a lawyer can appear in pro per.
B. Legislation
1. HB 5749 (Carter) Civil rights: public records; certain law enforcement disciplinary personnel records; require to be subject to freedom of information act requests. Amends sec. 13 of 1976 PA 442 (MCL 15.243).
2. Landlord-Tenants
HB 5758 (Paiz) Housing: landlord and tenants; form containing summary of tenant's rights; require state court administrative office to provide. Amends 1978 PA 454 (MCL 554.631 - 554.641) by adding sec. 4a.
HB 5759 (Hoskins) Housing: landlord and tenants; form containing summary of tenant's rights; require the department to make available to the public. Amends sec. 57i of 1939 PA 280 (MCL 400.57i).
HB 5760 (Hoskins) Housing: landlord and tenants; form containing summary of tenant’s rights; require the authority to make available to the public. Amends 1966 PA 346 (MCL 125.1401 - 125.1499c) by adding sec. 22e.
3. HB 5788 (Hope) Civil procedure: civil actions; lawsuits for exercising rights to free expression; provide protections against. Creates new act.
4. SB 810 (Shink) Civil procedure: personal protection orders; expiration date; prescribe. Amends sec. 2950 of 1961 PA 236 (MCL 600.2950).
5. SB 914 (Shink) Criminal procedure: other; certain requirements for the use of informants in criminal proceedings; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 36a, 36b, 36c, 36d, 36e, 36f & 36g to ch. VIII.
6. SB 916 (Santana) Criminal procedure: mental capacity; outpatient treatment for misdemeanor offenders with mental health issues; provide for. Amends sec. 461 of 1974 PA 258 (MCL 330.1461) & adds sec. 1021 & ch. 10A.
HB 4746 (Steele) Criminal procedure: mental capacity; outpatient treatment for misdemeanor offenders with mental health issues; provide for. Amends sec. 461 of 1974 PA 258 (MCL 330.1461) & adds sec. 1021 & ch. 10A.
7. SB 936 (Irwin) Courts: reporters or recorders; prohibited conduct of court reporter, court recorder, stenomask reporter, or owner of firm; modify. Amends sec. 1491 of 1961 PA 236 (MCL 600.1491).
C. Model Criminal Jury Instructions
1. M Crim JI 5.14a
The Committee proposes a new instruction, M Crim JI 5.14a (screening of witness) where the court has permitted a witness to be screened from viewing the defendant at trial. The instruction is entirely new.
2. M Crim JI 7.6
The Committee proposes amending jury instruction M Crim JI 7.6 (Duress) to comport with discussions of the defense in People v Reichard, 505 Mich 81, 96 n 32 (2020), and People v Lemons 454 Mich 234, 248 n 21 (1997). A question remains which party bears the burden of proof relative to the defense of duress, so alternative paragraphs are provided. Deletions are in strike-through, and new language is underlined. A “clean copy” without the struck language but including the added language is also provided (without the Use Note).