June 17, 2024
Volume 22, Issue 25

The State Bar of Michigan will be closed on Wednesday, June 19, in observance of Juneteenth.

In the Capitol

6/18 House Criminal Justice, 9:00 a.m. MORE
Agenda:
SB 599 (Sen. Erika Geiss) Corrections: parole; parole eligibility for medically frail inmates; modify.
HB 5788 (Rep. Kara Hope) Civil procedure: civil actions; lawsuits for exercising rights to free expression; provide protections against.

6/20 Senate Civil Rights, Judiciary & Public Safety, 1:30 p.m. MORE
Agenda:
HB 4917 (Rep. Samantha Steckloff) Criminal procedure: sentencing guidelines; sentencing guideline for assault and battery on certain vehicle operators and employees; provide for.
HB 4918 (Rep. Samantha Steckloff) Crimes: assaultive; assault or battery of certain vehicle operators and employees; prohibit under certain circumstances, and provide for penalties.
HB 4924 (Rep. Emily Dievendorf) Property: ownership interests; uniform partition of heirs property act; create.
Probate & Estate Planning Section Position on HB 4924: Support.
HB 5429 (Rep. Christine Morse) Children: services; court-appointed special advocate program; create.
State Bar of Michigan Position on HB 5429: Support.
Children’s Law Section Position on HB 5429: Support.
HB 5182 (Rep. Denise Mentzer) Crimes: larceny; use of a computer or similar technology to program a key code for automobile theft; prohibit, and provide penalties.
HB 5183 (Rep. Alabas Farhat) Criminal procedure: sentencing guidelines; sentencing guidelines for use of a computer or similar technology to program a key code for automobile theft; provide for.
SB 861 (Sen. Jeff Irwin) Corrections: prisoners; provision of prison code relating to productivity time credit system; create.
SB 862 (Sen. Roger Victory) Crime victims: notices; notice to crime victim when a prisoner is eligible to receive credits toward sentence; require.
SB 863 (Sen. Erika Geiss) Corrections: prisoners; code of criminal procedure; update to reflect creation of productivity credits.
SB 864 (Sen. Edward McBroom) Corrections: prisoners; corrections code of 1953; update to reflect creation of productivity credits.
HB 4909 (Rep. Kelly Breen) Probate: guardians and conservators; requirements to be appointed as guardian or conservator; modify.
Probate & Estate Planning Section Position on HB 4909: Oppose H-3.
HB 4910 (Rep. Penelope Tsernoglou) Probate: guardians and conservators; duties of guardians, conservators, and guardians ad litem; modify.
Probate & Estate Planning Section Position on HB 4910: Oppose H-3.
HB 4911 (Rep. Graham Filler) Probate: guardians and conservators; appointment; modify procedure.
Probate & Estate Planning Section Position on HB 4911: Oppose H-3.
HB 4912 (Rep. Ken Borton) Probate: guardians and conservators; appointment of a temporary guardian; modify procedure, and modify procedure for removing a conservator.
Probate & Estate Planning Section Position on HB 4912: Oppose H-3.
SB 656 (Sen. Ruth Johnson) Probate: guardians and conservators; financial duties; modify.

Legislative Action Last Week:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.

HB 4427  passed the House 56 to 53 on June 12. It has now when referred to the Senate Committee on Civil Rights, Judiciary & Public Safety.
SBM Position on HB 4427: Support.

HB 5393 (Probate Code Of 1939, Default Maximum Time For A Juvenile To Complete The Terms Of A Consent Calendar Case Plan) passed the House 56 to 53 on June 12. It has now when referred to the Senate Committee on Civil Rights, Judiciary & Public Safety.
SBM Position on HB 5393: Support.

HB 5598 (An Act To Punish Persons Who Procure Or Place Upon Record Spurious Or Fraudulent Conveyances Of Real Estate) passed the House 109 to 0 on June 13.
Real Property Law Section Position on HB 5598: Oppose.

HB 5599 (The Code Of Criminal Procedure, Penalties For Knowingly Drafting Or Submitting False Documents To The Register Of Deeds) passed the House 109 to 0 on June 13.
Real Property Law Section Position on HB 5599: Oppose.

HB 5724 (A Bill To Protect The Safety Of Judges And Certain Other Individuals) was reported out of the House Committee on Judiciary as Substitute H-2 on June 12.
SBM Position on HB 5724: Support.
Family Law Section on HB 5724: Support.

SB 498 (Probate Code Of 1939, Change In Foster Care Placement) passed the House 90 to 19 on June 11.
American Indian Law Section on SB 498: Support with Recommended Amendments.
Children’s Law Section on SB 498: Support with Recommended Amendments.

Legislation Introduced 6/4-6/13
Last week bills were introduced in the following areas of law:

• Animal Law
• Civil Procedure
• Construction Law
• Criminal Law
• Disability & Elder Law
• Education Law
• Elections Law
• Environmental & Natural Resources Law
• Family Law
• Gaming Law
• Healthcare Law
• Immigration Law
• Insurance Law
• Juvenile Law
• Landlord-Tenant Law
• Licensing & Regulation
• Military Law
• Probate Law
• Real Property Law
• State & Local Government
• Tax
• Workers Compensation

In the Hall of Justice

NEWS
Apply for Legal Self-Help Center Grants through the State Court Administrative Office by July 14

Special Session: Supreme Court to Hear Oral Arguments on June 18

At the Bar

The Board of Commissioners met on June 14, 2024 at which time the State Bar of Michigan adopted the following public policy positions:

ADM File No. 2022-10: Proposed Alternative Amendments of MCR 8.126
The proposed alternative amendments of MCR 8.126 would clarify and streamline the process for pro hac vice admission to practice in Michigan courts. A summary of the differences between the two alternatives is provided in the staff comment.
SBM Position: Support Alternative B, but recommend that “Permission for a foreign attorney to appear and practice is within the discretion of the tribunal” be retained in MCR 8.126(B)(1), and urge the Court to consider the concerns raised by the Alternative Dispute Resolution Section.

ADM File No. 2024-05: Proposed Amendment of MCR 7.306
The proposed amendment of MCR 7.306 would establish a procedure for two new original actions in the Supreme Court related to presidential elections in conformity with MCL 168.46 (as amended by 2023 PA 269) and MCL 168.845a (as adopted by 2023 PA 255).
SBM Position: Support.

HB 4427 (Young) Civil rights: public records; limited access to public records; provide for incarcerated individuals. Amends secs. 1, 2, 3 & 5 of 1976 PA 442 (MCL 15.231 et seq.).
SBM Position: Support.

HB 5689 (O’Neal) Courts: juries; local jury boards; eliminate, and create a centralized jury process. Amends secs. 857, 1301a, 1304a, 1307a, 1326, 1332, 1334, 1343, 1344, 1345, 1346, 1371 & 1372 of 1961 PA 236 (MCL 600.857 et seq.); adds secs. 1306 & 1307 & repeals secs. 1301, 1301b, 1302, 1303, 1303a, 1304, 1305, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1318, 1319, 1320, 1321, 1322, 1323, 1324, 1327, 1328, 1330, 1331, 1338, 1339, 1341, 1342, 1353, 1375 & 1376 of 1961 PA 236 (MCL 600.1301 et seq.) & repeals 1929 PA 288 (MCL 730.251 - 730.271) & repeals 1951 PA 179 (MCL 730.401 - 730.419).
SBM Position: Support.

HB 5690 (Hope) Courts: juries; reference in the uniform condemnation procedures act; amend to reflect repeal. Amends sec. 12 of 1980 PA 87 (MCL 213.62).
SBM Position: Support.

HB 5691 (Tsernoglou) Courts: juries; prospective jurors with certain criminal records and protected statuses; amend eligibility for service and peremptory challenges. Amends sec. 1307a of 1961 PA 236 (MCL 600.1307a) & adds secs. 1307b & 1356.
SBM Position: Support HB 5691, Section 1356 (1)-(5), (7), and (8). (Position adopted by roll-call vote. Commissioners voting in support of the position: Andreson, Bennett, Bryant, Burrell, Christenson, Cripps-Serra, Detzler, Easterly, Evans, Gant, Hamameh, Howlett, Larsen, Lerner, Low, Mansoor, Mantese, Mason, McGill, Murray, Newman, Nyamfukudza, Ohanesian, Perkins, Potts, Reiser, Simmons, Walton, Washington. Commissioners voting in opposition of the position: Quick.)

No position adopted on Section 1356 (6).

HB 5692 (Wilson) Appropriations: supplemental; funding for jury selection program; provide for. Creates appropriation act.
SBM Position: Support.

HB 5693 (Young) Courts: juries; reference in the probate code; amend to reflect repeal. Amends sec. 17, ch. XIIA of 1939 PA 288 (MCL 712A.17).
SBM Position: Support.

SB 723 (Santana) Criminal procedure: mental capacity; evaluation of competency to waive Miranda rights; require. Amends 1974 PA 258 (MCL 330.1101 - 330.2106) by adding secs. 1080, 1081, 1082 & 1083.
SBM Position: Support with the following amendments:

• The statute should track the procedure in MCL 768.20a(3);
• There should be some penalty when a defendant declines to participate in the examination consistent with MCL 768.20a(4); and
• The presumption of competency should be removed.

SB 813 (Cherry) Criminal procedure: evidence; consideration of videorecorded statements in certain proceedings; allow. Amends sec. 2163a of 1961 PA 236 (MCL 600.2163a).
SBM Position: Oppose. (Position adopted by roll-call vote. Commissioners voting in support of the position: Andreson, Bennett, Bryant, Burrell, Christenson, Clay, Cripps-Serra, Detzler, Easterly, Evans, Gant, Hamameh, Howlett, Larsen, Lerner, Low, Mansoor, Mantese, Mason, McGill, Murray, Newman, Nyamfukudza, Ohanesian, Perkins, Potts, Quick, Reiser, Simmons, Washington. Commissioners voting in opposition of the position: Walton.)

NEWS

New virtual support group for attorneys starting in July
The SBM’s Lawyers and Judges Assistance Program is offering a virtual support group for attorneys to work through stress and improve their overall well-being.

Links of Interest

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