State Supreme Court justices will take part in a public administrative hearing on Wednesday, Sept. 16 to consider various proposed amendments to Michigan Court Rules.
The hearing is scheduled to begin at 9:30 a.m. in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street in Lansing.
Persons who wish to address the court regarding matters on the agenda will be allotted three minutes each to present their views, after which the speakers may be questioned by the justices.
Individuals wishing to reserve a place on the agenda must notify the Office of Administrative Counsel in writing at PO Box 30052, Lansing, MI?48909, or by e-mail at ADMcomment@courts.mi.gov, no later than Monday, Sept. 14.
Administrative matters on the agenda for this hearing are:
1. 2013-02
Proposed Amendment of Rule 5.402 of the Michigan Court Rules. Published at 497 Mich 1235 (2015). Issue: Whether to adopt the proposed amendment of MCR 5.402 that would require a court that discovers a child under a guardianship may be an Indian child to schedule a hearing and conduct an investigation into the matter.
2. 2013-26
Proposed Alternative Amendments of Rule 7.209 of the Michigan Court Rules. Published at 497 Mich 1237 (2015). Issue: Whether to adopt one of the two alternative proposed amendments of MCR 7.209; Alternative A would clarify that only a trial court judge or the Court of Appeals may order a stay of proceedings; Alternative B would amend the rule so that filing a bond automatically stays further proceedings in a case.
3. 2013-38
Proposed Alternative Amendments of Rule 1.5 of the Michigan Rules of Professional Conduct. Published at 497 Mich 1232 (2015). Issue: Whether to adopt one of the two alternative proposed amendments of MRPC
1.5; Alternative A would prohibit “results obtained” or “value added” fees in divorce cases; Alternative B would allow “results obtained” or “value added” fees in divorce cases.
4. 2014-02
Proposed Amendment of Rule 6.106 of the Michigan Court Rules. Published at 497 Mich 1225 (2015). Issue: Whether to adopt the proposed amendment of MCR 6.106 that would clarify that a court would determine issues concerning a defendant’s pretrial release, if any, at the time of defendant’s arraignment on the complaint and warrant.
5. 2014-09
Proposed Amendment of Rule 7.215 of the Michigan Court Rules. Published at 497 Mich 1226 (2015). Issue: Whether to adopt the proposed amendment of MCR 7.215 that would revise the circumstances under which a Court of Appeals opinion is to be published, and would disfavor citation of unpublished opinions in the Court of Appeals.
6. 2014-11
Proposed Amendment of Rule 3.613 of the Michigan Court Rules. Published at 497 Mich 1231 (2015). Issue: Whether to adopt the proposed amendment of MCR 3.613 that would provide clarifying changes for minor name change proceedings.
7. 2014-15
Proposed Amendment of Rule 6.106 of the Michigan Court Rules. Published at 497 Mich 1233 (2015). Issue: Whether to adopt the proposed amendments of MCR 6.106 that would clarify that courts are permitted to exercise their inherent power to order conditions that limit or prohibit a pretrial defendant’s contact with any named person even while defendant remains in custody.
8. 2014-31
Proposed Amendment of Rule 3.617 of the Michigan Court Rules. Published at 497 Mich 1239 (2015). Issue: Whether to adopt the proposed new MCR 3.617 that would require adoption files of foreign-born children adopted by a parent who is a resident of this state to be retained as confidential records like other adoption files.
9. 2014-40
Proposed Amendment of Rule 2.506 of the Michigan Court Rules. Published at 497 Mich 1240 (2015). Issue: Whether to adopt the proposed amendments of MCR 2.506 that would allow electronic or facsimile transmission of subpoenas to attend when the subpoenas are directed to specific departments or agencies, including the Michigan Department of Corrections.
10. 2014-45
Proposed Adoption of New Rule 5.731a of the Michigan Court Rules. Published at 497 Mich 1224 (2015). Issue: Whether to adopt the proposed new MCR 5.731a that would require clinical certificates in mental health proceedings to be marked and filed as confidential.
11. 2014-49
Proposed Retention of Amendments of Rules 3.903, 3.920, 3.961, and 3.965 of the Michigan Court Rules. Published at 497 Mich cii (2015). Issue: Whether to retain the amendments of MCR 3.903, 3.920, 3.961, and 3.965 that were prompted by the Michigan Supreme Court’s decision in In re Sanders, 495 Mich 394 (2014), to provide clarification and procedural provisions consistent with the Court’s holding that the one-parent doctrine is unconstitutional.
12. 2015-03
Proposed Retention of Amendment of Rule 1.15 of the Michigan Rules of Professional Conduct. Published at 497 Mich lxvi (2015). Issue: Whether to retain the amendment of MRPC 1.15 that adds “credit union” to the definition of eligible institutions in which IOLTA funds may be deposited.
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