The Michigan Supreme Court will hold a public administrative hearing on Wednesday, May 23 in Lansing regarding several proposed amendments to state court rules.
Those wishing to address the court on the agenda items will be alloted three minutes each to present their views, after which the speakers may be questioned by the justices. To reserve a place on the agenda, notify the Office of Administrative Counsel either in writing at PO Box 30052, Lansing, MI 48909 or by e-mail at ADMcomment@courts.mi.gov no later than Monday, May 21.
The administrative matters on the agenda for this hearing
1. 2015-04—Proposed Amendment of MCR 6.429
Published at 501 Mich ____ (2018).
Issue: Whether to adopt the proposed amendment of MCR 6.429 to provide trial courts with broader authority to sua sponte address erroneous judgments of sentence.
2. 2016-08—Proposed Amendment of MCR 6.610
Published at 501 Mich 1228 (2017).
Issue: Whether to adopt the proposed amendment of MCR 6.610 to eliminate an arguable conflict by exempting pleas taken under subsection (E)(7) from the requirements of subsection (E)(4).
3. 2016-19—Proposed Amendments of MCR 5.125 and 5.409 2016-28
Published at 501 Mich 1233 (2017).
Issue: Whether to adopt the proposed amendments of MCR 5.125 and 5.409 to clarify the notice provisions in minor guardianships and financial reporting requirements for guardians.
4. 2016-27—Proposed Amendment of MRPC 7.2
Published at 501 Mich 1239 (2018).
Issue: Whether to adopt either of the alternate proposed amendments of MRPC 7.2 regarding certain lawyer advertisements.
5. 2016-30—Proposed Amendments of MCR 9.112 and 9.131
Published at 501 Mich 1229 (2017).
Issue: Whether to adopt the proposed amendments of MCR 9.112 and 9.131 to provide that spouses of the Attorney Grievance Commission or Attorney Discipline Board members or employees be subject to the same procedure for review of allegations of misconduct as the Board or Commission member or employee.
6. 2016-31—Proposed Amendment of MRPC 1.16
Published at 501 Mich 1231 (2017).
Issue: Whether to adopt either of the alternate proposed amendments of MRPC 1.16 to require criminal defense attorneys to inform clients that the counsel cannot withdraw without the court’s permission under circumstances where counsel intends to withdraw if the defendant does not accept a plea or for any reason under MRPC 1.16(B)(3).
7. 2016-42—Proposed Amendments of MCR 6.310, 6.429, and 6.431
Published at 501 Mich 1235 (2017).
Issue: Whether to adopt the proposed amendments of MCR 6.310, 6.429, and 6.431 to provide a “prison-mailbox” rule for certain post-sentence motions filed by incarcerated in pro per defendants.
8. 2016-4 — Proposed Amendment of MCR 9.122 Published at 501 Mich 1232 (2017).
Issue: Whether to adopt the proposed amendment of MCR 9.122 to establish a 56-day time period in which a grievant may file a complaint in the Supreme Court after the Attorney Grievance Commission has dismissed a request for investigation.
9. 2016-46—Proposed Amendment of Rule 15 of the Rules Concerning the State Bar of Michigan
Published at 501 Mich 1237 (2017).
Issue: Whether to adopt the proposed amendment of Rule 15 of the Rules Concerning the State Bar to increase the fee for Character and Fitness investigations to more accurately reflect the cost of performing the investigations and update the language to reflect the online application process.
10. 2016-49—Proposed Amendment of MRPC 7.3 and Proposed Addition of MRPC 1.18
Published at 501 Mich ____ (2018).
Issue: Whether to adopt the proposed amendment of MRPC 7.3 and the proposed addition of MRPC 1.18 to clarify the ethical duties that lawyers owe to prospective clients and create consistency in the use of the term “prospective client.”
11. 2017-10 — Proposed Addition of MCR 6.417
Published at 501 Mich ____ (2018).
Issue: Whether to adopt the proposed addition of MCR 6.417 to require trial courts to provide parties with an opportunity to comment on a proposed order of mistrial, state their consent or objection, or suggest altern
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