July 29, 2024
Volume 22, Issue 31

In the Capitol

Both chambers have adjourned until July 30th.

7/30 Senate Civil Rights, Judiciary & Public Safety, 11 a.m. MORE
Agenda:
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.
Probate & Estate Planning Section Position on HB 4909 H-3: Oppose.
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.
Probate & Estate Planning Section Position on HB 4910 H-3: Oppose.
HB 4911 (Rep. Graham Filler) Probate: guardians and conservators; appointment; modify procedure.
Probate & Estate Planning Section Position on HB 4911 H-3: Oppose.
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.
Probate & Estate Planning Section Position on HB 4912 H-3: Oppose.

At the Bar

The Board of Commissioners met on July 26, 2024 at which time the State Bar of Michigan adopted the following public policy positions:
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).
SBM Position: Support.

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.
SBM Position: Support.

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.
SBM Position: Support.

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.
SBM Position: Support.

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.
SBM Position: Support.

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.
SBM Position: Support.

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.
SBM Position: Support.

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.
SBM Position: Support.

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.
SBM Position: Support HB 5758 – HB 5760 with amendments consistent with the Board’s previously adopted position on HB 5236.

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).
SBM Position: Support HB 5758 – HB 5760 with amendments consistent with the Board’s previously adopted position on HB 5236.

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.
SBM Position: Support HB 5758 – HB 5760 with amendments consistent with the Board’s previously adopted position on HB 5236.

HB 5788 (Hope) Civil procedure: civil actions; lawsuits for exercising rights to free expression; provide protections against. Creates new act.
SBM Position: Support.

SB 810 (Shink) Civil procedure: personal protection orders; expiration date; prescribe. Amends sec. 2950 of 1961 PA 236 (MCL 600.2950).
SBM Position: Oppose.

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.
SBM Position: Support SB 914 in concept. The legislation should both track in-custody informants and their offers of relief from the police and/or prosecutors and afford criminal defendants access to this information with appropriate safeguards for the informants.

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.
SBM Position: Support.

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).
SBM Position: Support.

NEWS

Supreme Court accepting applications for SBM Board of Commissioners
The Michigan Supreme Court is now accepting applications from Michigan attorneys interested in serving on the State Bar of Michigan Board of Commissioners.

Apply now to serve on an SBM committee in 2024-2025
Applications are now open to volunteer for a State Bar of Michigan committee during the 2024-2025 bar year. Applications are due by noon August 5, 2024.

Links of Interest

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