Public Policy Update from the State Bar of Michigan

January 22, 2024
Volume 22, Issue 4

In the Capitol

In the Hall of Justice

APPOINTMENTS
ADM File No. 2024-01: Appointments to the Commission of Diversity, Equity, and Inclusion
Issued: 1/17/24
Effective: 1/1/24

At the Bar

The Board of Commissioners met on January 19, 2024at which time the State Bar of Michigan adopted the following public policy positions:
ADM File No. 2022-30: Proposed Amendments of MRE 702 and 804
The proposed amendment of MRE 702 would require the proponent of an expert witness’s testimony to demonstrate that it is more likely than not that the factors for admission are satisfied and would clarify that it is the expert’s opinion that must reflect a reliable application of principles and methods to the facts of the case. The proposed amendment of MRE 804 would require corroborating circumstances of trustworthiness for any statement against interest that exposes a declarant to criminal liability.
POSITION: Support.

ADM File No. 2022-45: Proposed Amendment of MCR 9.131
The proposed amendment of MCR 9.131 would require that the Supreme Court review requests for investigations involving allegations of attorney misconduct in instances where the Attorney Grievance Commission (AGC) administrator determines that an appearance of impropriety would arise if the AGC handled the investigation.
POSITION: Support.

HB 4738 (Breen) Criminal procedure: witnesses; confidentiality of certain information of a witness; require prosecuting attorney to maintain, and provide for disclosure in certain circumstances. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 40b to ch. VII.
POSITION: Oppose.

HB 4739 (Mentzer) Crime victims: rights; practice of redacting victim’s contact information; codify. Amends 1985 PA 87 (MCL 780.751 - 780.834) by adding sec. 8a.
POSITION: Oppose.

HB 5236 (Rheingans) 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.
POSITION: Support HB 5236 with the following amendments:
(1) amend Section (1)(c) to read: “Contact information for the statewide self-help website, the statewide legal aid hotline, and the 2-1-1 system telephone number.”; and
(2) require landlords to serve the form on tenants with summons and complaint in eviction cases and provide enforcement remedies to tenants if landlords do not comply.

HB 5237 (Dievendorf) Civil procedure: defenses; tenants right to counsel; provide for. Creates new act.
POSITION: Support HB 5237 with the following amendments:
(1) the program should be structured as a statewide program administered by MSHDA and the Michigan State Bar Foundation and coordinated with the current legal services delivery system;
(2) the program should provide informational and educational materials for both landlords and tenants but the program should not otherwise provide representation for landlords; and
(3) the program should include outreach and education to tenants and tenant-led community groups.

HB 5326 (Aragona) Courts: district court; magistrate jurisdiction and duties; modify. Amends secs. 5735 & 8511 of 1961 PA 236 (MCL 600.5735 & 600.8511).
POSITION: Support.

NEWS

Michigan Supreme Court Chief Justice Calls for Increased Professionalism for All Attorneys
Michigan Supreme Court Chief Justice Elizabeth T. Clement is calling for all Michigan attorneys to embrace professionalism in and out of the courtroom.

Links of Interest

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