The Michigan Supreme Court has scheduled a public administrative hearing on Wednesday, March 16 via video conference (Zoom) to take up a variety of proposed amendments to Michigan Court Rules.
The hearing, adjourned from Jan. 26, is scheduled to begin at 9:30 a.m. A live stream can be accessed on the Court’s YouTube channel.
The administrative matters on the agenda for this hearing are:
1. 2018-26 Proposed Amendment of MCR 6.502
Published at 508 Mich ____ (2021)
Issue: Whether to adopt the proposed amendment of MCR 6.502 that would make the rule consistent with the Court’s ruling in People v Washington, ___Mich___(2021) by allowing a defendant to file a second or subsequent motion for relief from judgment based on a claim of a jurisdictional defect in the trial court when the judgment was entered.
2. 2020-13 Proposed Amendment of MCR 6.005
Published at 507 Mich 1234 (2021)
Issue: Whether to adopt the proposed amendment of MCR 6.005 that would clarify the duties of attorneys in preconviction appeals.
3. 2020-29 Proposed Amendment of MRE 410
Published at 507 Mich 1236 (2021)
Issue: Whether to adopt the proposed amendment of MRE 410 that would extend its application to guilty pleas that are vacated, statements made in the course of withdrawing or vacating a plea under MCR 6.310, and statements made in the course of plea discussions with the prosecutor that result in a guilty plea that is later vacated.
4. 2021-25 Proposed Amendment of Rule 19 of the Rules Concerning the State Bar of Michigan
Published at 508 Mich ____ (2021)
Issue: Whether to adopt the proposed amendment of Rule 19 of the Rules Concerning the State Bar of Michigan that would create a provision regarding confidentiality of information.
5. 2021-33 Proposed Amendment of Administrative Order No. 1997-10
Published at 508 Mich ____ (2021)
Issue: Whether to adopt the proposed amendment of Administrative Order No. 1997-10 that would clarify which employment information within the judiciary would be publicly-available.
6. 2021-34 Proposed Amendment of MCR 5.125
Published at 508 Mich ____ (2021)
Issue: Whether to adopt the proposed amendment of MCR 5.125 that would add the community mental health program as an interested person to be served a copy of the court’s order when assisted outpatient treatment is ordered.
7. 2020-08 Rescission of Administrative Order Nos. 2020-1, 2020-6, 2020-9, 2020-13, 2020-14, 2020-19, and 2020-21 and Amendments of MCR 2.002, 2.107, 2.305, 2.407, 2.506, 2.621, 3.904, 6.006, 6.106, 6.425, 8.110, 9.112, 9.115, and 9.221 and Administrative Order No. 2020-17
Published at 507 Mich ____ (2021)
Issue: Whether to retain the pandemic-related amendments that move several substantive provisions from most of the remaining pandemic-related administrative orders into court rule format.
Those wishing 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.
Reservations for a place on the speaker’s list can be made by notifying the Office of Administrative Counsel by e-mail at ADMcomment@courts.mi.gov, no later than Friday, March 11.
Those individuals who registered to speak at the originally-scheduled January public hearing need not request to speak in March; they will remain on the speaker’s list unless a request to be removed is made.
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