Hearing set for proposed changes to court rules

The Michigan Supreme Court has scheduled a public administrative hearing for Wednesday, May 18 via video conference (Zoom) to hear comments on a variety of proposed amendments to rules that impact courts around the state.

The hearing is scheduled to begin at 9:30 a.m. For those who wish to view the hearing, a livestream can be accessed on the Court’s YouTube channel.

The administrative matters on the agenda for this hearing are:

1. 2017-28 Amendment of MCR 1.109
Published at 508 Mich ___ (2021)

Issue: Whether to retain the amendment of MCR 1.109 establishing a process for authorizing individuals who have a party’s consent to have access to that party’s date of birth for purposes of verifying that party’s identity.

2. 2019-16 Proposed Amendment of MCR 7.212
Published at 508 Mich 1209 (2021)

Issue: Whether to adopt the proposed amendment of MCR 7.212 that would require appellate briefs to be formatted for optimized reading on electronic displays.

3. 2019-28 Proposed Alternative Amendments of MCR 9.202 and Proposed

2021-36 Addition of MCR 9.254
Published at 508 Mich ___ (2021)

Issue: Whether to adopt either of the proposed alternative amendments of MCR 9.202, one of which includes the proposed addition of MCR 9.254 that would address whether and how costs should be imposed in JTC proceedings.

4. 2021-05 Proposed Amendments of MCR 6.302 and 6.310
Published at 508 Mich 1211 (2021)

Issue: Whether to adopt the proposed amendments of MCR 6.302 and 6.310 that would require a court to specify the estimated sentencing guideline range as part of a preliminary evaluation of the
sentence and to clarify that a defendant may withdraw a plea when the actual guidelines range is different than initially estimated.

5. 2021-07 Proposed Amendment of MRPC 1.8
Published at 508 Mich ___ (2021)

Issue: Whether to adopt the proposed amendment of MRPC 1.8 that would clarify that the inclusion of an arbitration clause in an attorney-client agreement is prohibited unless the client is independently
represented in reviewing the provision.

6. 2021-26 Proposed Adoption of Administrative Order 2021-X
2021-42 Published at 508 Mich ___ (2021)

Issue: Whether to adopt the proposed administrative order that would increase the State Bar’s dues for most members by $70 for a total of $385 per year.

7. 2021-31 Proposed Amendment of MCR 8.110
Published at 508 Mich 1206 (2021)

Issue: Whether to adopt the proposed amendment of MCR 8.110 that would require courts to observe Juneteenth as a holiday.

8. 2021-41 Proposed Amendments of MCR 6.001, 6.003, 6.006, 6.102, 6.103, 6.106, 6.445, 6.615, and 6.933 and Proposed Addition of MCR 6.105, 6.441, and 6.450
Published at 508 Mich 1213 (2021)

Issue: Whether to adopt the proposed amendments of MCR 6.001, 6.003, 6.006, 6.102, 6.103, 6.106, 6.445, 6.615, and 6.933 and proposed additions of MCR 6.105, 6.441, and 6.450 that would make the rules consistent with recent statutory revisions that resulted from recommendations of the Michigan Joint Task Force on Jail and Pretrial Incarceration.

9. 2021-45 Amendment of MCR 7.306
Published at 508 Mich ___ (2021)

Issue: Whether to retain the amendment of MCR 7.306 creating a procedure specific to original actions relating to cases filed involving the Independent Citizens Redistricting Commission.

10. 2021-47 Amendment of MCR 3.950
Published at 508 Mich ___ (2021)

Issue: Whether to retain the amendment of MCR 3.950 that makes the rule consistent with MCL 764.27a by requiring juvenile offenders who are waived into the adult criminal justice system under MCL
712A.4 to be kept separate and apart from adult prisoners.

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.

Those hoping to reserve a place on the agenda should noticy the Office of Administrative Counsel by e-mail at ADMcomment@courts.mi.gov, no later than Friday, May 13.

Persons unable to register to speak by e-mail may call the office at 517-373-1239.

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