Hearing set for Sept. 22 on proposed changes to court rules

The Michigan Supreme Court has scheduled a public administrative hearing on Wednesday, September 22, to gather comment on a variety of proposed amendments to Michigan Court Rules.

The hearing will be held at the Michigan Hall of Justice in Lansing, beginning  promptly at 9:30 a.m. and adjourning no later than 11:30 a.m.

Those wishing 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.  

To reserve a place on the agenda, notify the Office of Administrative Counsel in writing at P.O. Box 30052, Lansing, MI 48909, or by e-mail at ADMcomment@courts.mi.gov  no later than Friday, September 17.

The administrative matters on the agenda for this hearing are:

1. 2002-37
Proposed Amendment of  MCR 1.109
Published at 507 Mich 1201 (2021)
Issue:  Whether to adopt the proposed amendment of MCR 1.109 that would address e-filing issues relating to updating authorized user accounts and e-service of documents that are returned as undeliverable to a registered e-mail address.

2. 2018-29
Proposed Amendments of MCR 6.302 and 6.610
Published at 507 Mich 1205 (2021)
Issue: Whether to adopt the proposed amendments of MCR 6.302 and 6.610 that would eliminate the ability for a court to establish support for a finding that defendant is guilty of the offense charged as opposed to an offense to which defendant is pleading guilty or nolo contendere.

3. 2019-06
Proposed Amendments  of MCR 6.302 and 6.310
Published at 507 Mich 1210 (2021)
Issue: Whether to adopt the proposed amendments of MCR 6.302 and 6.310 that would eliminate the court’s previously-adopted language requiring a trial court to advise defendant whether the law permits or requires the court to sentence defendant consecutively, and instead allow defendant to withdraw a plea if consecutive sentences are ordered but defendant was not advised at the time of plea that the law permits or requires consecutive sentencing.

4. 2019-34
Proposed Amendments of Rule 2, Rule 3, Rule 4, Rule 5, Rule 6 and Rule 7 and Proposed Additions of Rule 3a and Rule 4a of the Rules for the Board of Law Examiners
Published at 507 Mich ___ (2021)
Issue: Whether to adopt the proposed amendments of Rule 2, Rule 3, Rule 4, Rule 5, Rule 6 and Rule 7 and proposed additions of Rule 3a and Rule 4a of the Rules for the Board of Law Examiners that would implement a Uniform Bar Examination in Michigan.

5. 2020-15
Proposed Amendment of Rule 2 and Proposed Addition of Rule 21 of the Rules Concerning the State Bar of Michigan and Proposed Amendment of MCR 9.119 and Proposed Addition of MCR 9.1XX
Published at 507 Mich 1211 (2021)
Issue: Whether to adopt the proposed amendment of Rule 2 and proposed addition of Rule 21 of the Rules Concerning the State Bar of Michigan and the proposed amendment of MCR 9.119 and the proposed addition of MCR 9.1XX that would impose new obligations on attorneys regarding succession planning and would create a new Interim Administrator Program within the State Bar of Michigan.

6. 2020-36
Amendments of  MCR 3.903, 3.966, 3.975, and 3.976 Amendment of MCR 3.945 and Addition of MCR 3.947
Published at 507 Mich 1202 (2021) and 507 Mich 1208 (2021)
Issue: Whether to retain the amendments of MCR 3.903, 3.945, 3.966, 3.975 and 3.976 and the addition of MCR 3.947 that require court approval for placement of foster care children in a qualified residential treatment program as required by state and federal statutory revisions.

7. 2021-09
Amendments of MCR 3.903 and 3.925 Amendment of MCR 3.944
Published at 507 Mich ___ (2021)
Issue: Whether to retain the amendments of MCR 3.903 and 3.925 that make the rules consistent with MCL 712A.28(5)(d) by requiring that previously-public juvenile case records be made nonpublic and accessible only to those with a legitimate interest.
Whether to retain the amendment of MCR 3.944 that incorporates new requirements for courts that detain juvenile status offender violators in secure facilities, in accordance with MCL 712A.15(3) and MCL 712A.18(1)(k).

8. 2021-12
Proposed Amendments of MCR 2.117, 3.708, 3.951, 6.005, 6.104, 6.445, 6.610, 6.625, 6.905, 6.907, 6.937 and 6.938
Published at 507 Mich ___ (2021)
Issue: Whether to adopt the proposed amendments of MCR 2.117, 3.708, 3.951, 6.005, 6.104, 6.445, 6.610, 6.625, 6.905, 6.907, 6.937 and 6.938 that would generally require the local funding unit’s appointing authority to appoint counsel for an indigent defendant in a criminal proceeding.

9. 2021-14
Proposed Administrative Order No. 2021-X
Published at 507 Mich 1221 (2021)
Issue: Whether to adopt the proposed Administrative Order No. 2021-X that would make it mandatory for all courts to submit case information to the Judicial Data Warehouse in a uniform manner as required by SCAO.

10. 2021-15
Addition of MCR 8.128
Published at 507 Mich ___ (2021)
Issue: Whether to retain new MCR 8.128 that establishes the Michigan Judicial Council, which is charged with creating a strategical plan for Michigan’s judiciary.