November 20, 2023
Volume 21, Issue 44

The State Bar of Michigan will be closed November 23 & 24 in observance of the Thanksgiving holiday.

At the Capitol

The Legislature has adjourned sine die for 2023 and will reconvene on January 10, 2024.

Legislation Introduced
Recently bills were introduced in the following areas of law:

At the Court

AMENDMENTS
ADM File No. 2017-28: Amendments of MCR 1.109, 5.302, and 8.108
The amendments of MCR 1.109, 5.302, and 8.108 provide direction on the process for protecting personal identifying information in transcripts, wills, and death certificates.
Issued: 11/15/23
Effective: 1/1/24

ADM File No. 2022-14: Amendment of MCR 2.311
The amendment of MCR 2.311 allows a mental examination to be recorded by video or audio under certain circumstances.
Issued: 11/15/23
Effective: 1/1/24

ADM File No. 2023-08: Retention of the Amendment of MCR 7.202
The amendment of MCR 7.202 includes in the definition of “final judgment” or “final order” postjudgment orders deciding a claim for remaining proceeds under MCL 211.78t.
Issued: 11/15/23
Effective: Immediately

APPOINTMENT
ADM File No. 2023-28: Appointment of Chief Judges of Michigan Courts
Issued: 11/15/23
Effective: 1/1/24

NEWS
MEDIA ADVISORY: Court of Appeals Chief Judge, Single Mom, Adoptive Families to Be Celebrated on Adoption Day

At the Bar

The Board of Commissioners met on November 17, 2023 at which time the State Bar of Michigan adopted the following public policy positions:
ADM File No. 2020-08: Proposed Rescission of Administrative Order No. 2020-17 and Proposed Amendment of MCR 4.201
The proposed rescission of AO 2020-17 reflects the Court’s review of the public comments received in this same ADM File regarding additional amendments of MCR 4.201. The proposed amendment of MCR 4.201 would ensure that courts with a local court rule under MCL 600.5735(4) implement their local court rule in accordance with the other provisions of MCR 4.201.
SBM Position: Support.

ADM File No. 2022-19: Proposed Amendments of MRPC 1.15 and 1.15A and Proposed Additions of MRPC 1.15B and 1.15C
The proposed amendments of MRPC 1.15 and 1.15A and proposed additions of MRPC 1.15B and 1.15C would amend the rules governing IOLTA accounts to: modernize the rules, address gaps in the existing rules, and clarify attorneys’ ethical duties related to safekeeping client or third-party property and managing trust accounts.
SBM Position: Support.

ADM File No. 2023-24: Proposed Amendment of MCR 3.701 and Proposed Additions of MCR 3.715, 3.716, 3.717, 3.718, 3.719, 3.720, 3.721, and 3.722
The proposed amendments would offer procedural guidance to trial courts for implementing the Extreme Risk Protection Order (ERPO) Act, MCL 691.1801 et seq.
SBM Position: Support with amendments recommended by the Family Law Section.

ADM File No. 2022-33: Proposed Amendment of MCR 4.303
The proposed amendment of MCR 4.303 would allow courts to dismiss small claims cases for lack of progress.
SBM 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.”

ADM File No. 2022-24: Proposed Amendments of MCR 6.907, 6.909, and 6.933
As a condition for the State’s receipt of federal funds under the Prison Rape Elimination Act, 34 USC 30301 et seq., the conditions of confinement for juveniles must comply with federal regulations promulgated under that act, including the requirement that best efforts be made to avoid placing incarcerated youthful inmates in isolation. See 28 CFR 115.14. The proposed amendments clarify that youthful inmates should not be placed in isolation in order to keep them separate from adults.
SBM 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.”

HB 5046 (Shannon) Civil procedure: costs and fees; fees for transcripts; increase. Amends sec. 2543 of 1961 PA 236 (MCL 600.2543).
SBM 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; 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.).
SBM 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.

HB 5271 (Hope) Criminal procedure: DNA; post-conviction DNA testing; modify. Amends sec. 16, ch. X of 1927 PA 175 (MCL 770.16).
SBM Position: Support.

HB 5300 (Pohutsky) Probate: other; name change proceedings; modify. Amends secs. 1 & 3, ch. XI of 1939 PA 288 (MCL 711.1 & 711.3).
SBM Position: Support.

SB 0514 (Irwin) Civil procedure: costs and fees; fees for transcripts; increase. Amends sec. 2543 of 1961 PA 236 (MCL 600.2543).
SBM 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.

Links of Interest

SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
MCL Search Engines