Hearing set on proposed changes to court rules

The Michigan Supreme Court will hold a public administrative hearing on Wednesday, Sept. 20 via video conference (Zoom) regarding changes proposed for rules that affect attorneys and courts across the state.

The administrative matters on the agenda for this hearing are:

1. 2019-33 Proposed Rescission of Administrative Order No. 2021-7 and Proposed Adoption of the Michigan Continuing Judicial Education Rules
Published at 511 Mich 1207 (2023)

Issue: Whether to adopt the proposed new rules governing the mandatory continuing judicial education program that would replace Administrative Order 2021-7.

2. 2020-31 Proposed Amendment of Rule 1.8 of the Michigan Rules of Professional Conduct
Published at 511 Mich 1226 (2023)

Issue: Whether to adopt the proposed amendment of MRPC 1.8 that would allow attorneys to provide certain assistance to indigent clients they are serving on a pro bono basis.

3. 2021-10 Proposed Amendments of the Michigan Rules of Evidence
Published at 511 Mich 1228 (2023)

Issue: Whether to adopt the proposed amendments of the Michigan Rules of Evidence that would restyle and reorganize the rules to remain as consistent as possible with the Federal Rules of Evidence.

4. 2022-11 Proposed Amendments of MCR 2.511 and 6.412
Published at 511 Mich 1262 (2023)

Issue: Whether to adopt the proposed amendments of MCR 2.511 and 6.412 that would require the court to allow the attorneys or parties to conduct voir dire in civil and criminal proceedings if the court examines the
prospective jurors.

5. 2022-13 Proposed Amendment of MCR 9.123
Published at 511 Mich 1203 (2023)

Issue: Whether to adopt the proposed amendment of MCR 9.123 that would clarify that a disbarred attorney who was sentenced to incarceration following a felony conviction and who wants to be reinstated to the bar must wait until six months after completing the sentence.

6. 2023-06 Proposed Amendments of MCR 6.110 and 8.119
Published at 511 Mich 1261 (2023)

Issue: Whether to adopt the proposed amendments of MCR 6.110 and 8.119 that would require all case records maintained by the district court to become nonpublic immediately after bindover to the circuit court and would expand the types of documents that must be transmitted to the circuit court to ensure appropriate public access in the circuit court.

7. 2023-06 Amendments of MCR 6.001 and 8.119 and Addition of MCR 6.451
Published at 511 Mich ___ (2023)

Issue: Whether to retain the amendments of MCR 6.001 and 8.119 and the addition of MCR 6.451 that requires courts to: restrict access to case records involving set aside convictions, redact information regarding any conviction that has been set aside before that record is made available, and provide notice and an opportunity to be heard before reinstating a conviction for failure to make a good faith effort to pay restitution.

The court said the hearing will begin promptly at 9:30 a.m. For those who wish to view the Public Hearing, a livestream can be accessed on the court’s YouTube channel.

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.

Each speaker will receive an invitation to participate in the Zoom meeting; the speakers will be called in order of item number and timing of request to speak. Speakers will join the meeting no later than 9:30 a.m. and will be muted until called on by the chief justice.

To reserve a place on the agenda, register online no later than Friday, September 15, at www.courts.michigan.gov/rules-administrative-orders-and-jury-instructions/public-administrative-hearings.

Those who are not able to register online may e-mail or call the Office of Administrative Counsel at ADMComment@courts.mi.gov or call 517-373-1239.

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