Hearing set on proposed changes to court rules

The Michigan Supreme Court will hold a public administrative hearing via video conference on Wednesday, March 22 regarding a number of proposed amendments to the rules that affect attorneys and courts across the state.

The administrative matters on the agenda for this hearing are:

1. 2002-37 Amendment of MCR 1.109
Published at 510 Mich ___ (2022)

Issue: Whether to retain the amendment of MCR 1.109 that provides SCAO the flexibility to determine, when appropriate, when certain documents filed on paper do not need to be imported into the MiFILE document management system until bulk e-filing capability is available.

2. 2016-10 Proposed Amendments of MCR 2.002 and 7.109
Published at 510 Mich ___ (2022)

Issue: Whether to adopt the proposed amendments of MCR 2.002 and 7.109 that would allow for waiver of appellate transcript fees for indigent individuals.

3. 2021-32 Proposed Amendment of MCR 6.112
Published at 510 Mich ___ (2022)

Issue: Whether to adopt the proposed amendment of MCR 6.112 that would require that the notice of intent to seek an enhanced sentence contain any mandatory minimum sentence required by law as a result of the enhancement.

4. 2021-40 Proposed Amendment of BLE Rule 5
Published at 510 Mich ___ (2022)

Issue: Whether to adopt the proposed amendment of BLE Rule 5 that would define the terms “full-time” and “instructor” to clarify that clinical instructors may be admitted to the bar without examination.

5. 2021-49 Proposed Amendment of MCR 2.002
Published at 510 Mich ___ (2022)

Issue: Whether to adopt the proposed amendment of MCR 2.002 that would provide procedural direction to courts regarding prisoner requests for fee waivers in civil actions.
6. 2021-50 Proposed Addition of MCR 2.421
Published at 510 Mich ___ (2022)

Issue: Whether to adopt the proposed addition of MCR 2.421 that would address notice of a bankruptcy proceeding that affects a pending state court action.

7. 2022-05 Proposed Amendments of MCR 3.977, 3.993, 7.311, and 7.316
Published at 510 Mich ___ (2022)

Issue: Whether to adopt the proposed amendments of MCR 3.977, 3.993, 7.311, and 7.316 that would establish a procedure for assessing whether a respondent in a termination of parental rights case was denied the effective assistance of appellate counsel, and if so, provide relief.

8. 2022-32 Proposed Amendments of MCR 7.201, 7.202, 7.203, 7.204, 7.205, 7.206, 7.207, 7.208, 7.209, 7.210, 7.211, 7.212, 7.213, 7.215, 7.216, 7.217, and 7.219
Published at 510 Mich ___ (2022)

Issue: Whether to adopt the proposed amendments of subchapter 7.200 that would make technical amendments of the COA rules in an effort to modernize them and ensure they reflect the COA’s established practices.

9. 2022-34 Proposed Amendments of MCR 3.913, 3.943, 3.977, and 3.993, and Proposed Addition of MCR 3.937
Published at 510 Mich ___ (2022)

Issue: Whether to adopt the proposed amendments that would ensure that juveniles are fully and appropriately advised of their appellate rights and that would extend the timeframe for requesting appointment of appellate counsel to 21 days to align with the timeframe for filing a claim of appeal in juvenile cases.

The hearing will begin at 9:30 a.m. and adjourn no later than 11:30 a.m. For those who wish to view the proceedings, 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.

Those hoping to reserve a place on the agenda should notify the Office of Administrative Counsel by e-mail at ADMcomment@courts.mi.gov, no later than Friday, March 17.

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