Hearing set on proposed court rules changes

The Michigan Supreme Court has scheduled a public administrative hearing on Wednesday, March 20 to gather input on a half-dozen proposed amendments to rules that affect courts and attorneys across the state.

Speakers may appear by video conference (Zoom); attendees who are not speaking may watch in person at the Hall of Justice or view the livestream.

The hearing will begin promptly at 9:30 a.m. Speakers will be present in the courtroom or join the video conference meeting no later than 9:30 a.m. and will be called on by the chief justice.

Speakers will be allotted three minutes each to present their views on each agenda item for which the person registered, after which the speakers may be questioned by the justices.  

Comments offered at a public hearing must pertain directly to an item on the public hearing agenda.

To reserve a place on the agenda, register online no later than Friday, March 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 517-373-1239.

Speakers will be asked to confirm their registered mode of speaking (in-person or remote) before the date of the public hearing.

Speakers who request to participate remotely will receive an invitation to participate in a Zoom meeting and must turn on their camera in order to participate in the public hearing.

Speakers who request to participate in person will be required to complete a security screening upon entering the building and should plan accordingly.

The administrative matters on this hearing’s agenda are:

1. 2020-08 Proposed Rescission of Administrative Order No. 2020-17 and
Proposed Amendment of MCR 4.201
Published at 512 Mich 1201 (2023)

Issue: Whether to rescind Administrative Order No. 2020-17 and adopt the proposed amendment of MCR 4.201 that would ensure that courts with a local court rule under MCL 600.5735(4) implement their local court rule in accordance with the other provisions of MCR 4.201.

2. 2022-19 Proposed Amendments of MRPC 1.15 and 1.15A and Proposed
Additions of MRPC 1.15B and 1.15C
Published at 512 Mich 1203 (2023)

Issue: Whether to adopt the proposed amendments of MRPC 1.15 and 1.15A and proposed additions of MRPC 1.15B and 1.15C that would amend the rules governing IOLTA accounts to: modernize the rules, address gaps in the existing rules, and clarify attorneys’ ethical duties related to safekeeping client or third-party property and managing trust accounts.

3. 2022-24 Proposed Amendments of MCR 6.907, 6.909, and 6.933
Published at 512 Mich 1214 (2023)

Issue: Whether to adopt the proposed amendments of MCR 6.907, 6.909, and 6.933 that would clarify that youthful inmates should not be placed in isolation in order to keep them separate from adults.

4. 2022-30 Proposed Amendments of MRE 702 and 804
Published at 513 Mich ___ (2023)

Issue: Whether to adopt the proposed amendments of MRE 702 and 804 regarding expert witnesses’ testimony and statements against interest that expose a declarant to criminal liability.

5. 2022-33 Proposed Amendment of MCR 4.303
Published at 512 Mich 1213 (2023)

Issue: Whether to adopt the proposed amendment of MCR 4.303 that would allow courts to dismiss small claims cases for lack of progress.

6. 2022-45 Proposed Amendment of MCR 9.131
Published at 513 Mich ___ (2023)

Issue: Whether to adopt the proposed amendment of MCR 9.131 that would require that the Supreme Court review requests for investigations involving allegations of attorney misconduct in instances where the Attorney Grievance Commission (AGC) administrator determines that an appearance of impropriety would arise if the AGC handled the investigation.

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