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A friendly reminder to vote by end of day today.
Carrie A. Sharlow
Administrative Assistant, Governmental Relations
State Bar of Michigan
Michael Franck Building
306 Townsend Street
Lansing, MI 48933
P: 517-346-6317
F: 517-482-6248
Committee Members:
In the absence of a quorum at the June 16 Criminal Jurisprudence & Practice Committee Meeting, an e-vote on matters discussed is requested. The following motions were made and supported. All committee members are requested to indicate their vote as A, B or C on each item by Thursday, June 30 at 4:00 pm.
Your voting choices are:
A. Support the Committee Position B. Oppose the Committee Position C. Abstain from Voting
1. ADM File No. 2010-11 - Proposed Amendment of Rule 2.511 of the Michigan Court Rules Because MCL 600.1337 requires a court to discharge an unqualified juror regardless whether a party challenges the juror for cause, the proposed amendment of MCR 2.511 would eliminate the provision from the list of challenges that may be made for cause, and instead would clarify that the discharge must be made when the court learns that the juror is not qualified to serve. This clarification would foreclose the possibility that an unqualified juror could be allowed to sit because no one challenged his or her qualification.
MOTION: Support the proposed court rule but retain what was D.1 as an alternative to excusing a juror. Keeping the good cause language would continue to allow trial counsel to request that an unqualifed juror be excused for cause thereby maintainging this safeguard to ensure that the removal of unqualified jurors. The idea being that judges do not always have available the needed information to discharge an unqualified juror or even raise the same as a possibility.
2. HB 4647 (Heise) Civil procedure; evidence; expert witness testimony; allow to be presented by video communication equipment. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2164a.
MOTION: Support legislation, if video communication is two-way interactive. Also include chain of custody witnesses in witnesses allowed. The position of the committee was that the Confrontation Clause requires two-way interactive communication and that an exception should also be made for chain of custody witnesses.
3. HB 4703 (Scott) Corrections; parole; notification to prosecuting attorney of a prisoner's parole; revise requirements for. Amends sec. 36 of 1953 PA 232 (MCL 791.236).
MOTION: Support. The committee recognized the universal support that this legislation has received from the examining entities.
Carrie A. Sharlow
Administrative Assistant, Governmental Relations
State Bar of Michigan
Michael Franck Building
306 Townsend Street
Lansing, MI 48933
P: 517-346-6317
F: 517-482-6248
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