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My e-votes, which are consistent with my votes while attending the 3/17/11 meeting by telephone, are noted in red below. Re: #6, I concur with Mr. Faraj's proposal to table the matter. John Freeman Law Office of John Freeman, PLLC Venture Plaza, Suite 270 3150 Livernois Troy, MI 48083 (248) 250-9950 (phone) (248) 250-5857 (fax) formerfedlawyer@hotmail.com (e-mail) Visit Our Web Sites www.formerfedlawyer.com (Federal and State Criminal and Administrative Defense) www.self-defense-law.com (Self-Defense, Gun Rights, and more) Visit Our Blog www.freemanlawblog.com 24/7 EMERGENCY ONLY number (313) 330-2653 This number is for people recently arrested and in custody, or individuals that need immediate legal assistance because they are involved in after hours contact with law enforcement. This electronic mail transmission is from the Law Office of John Freeman, and may constitute an attorney-client communication or contain information which is privileged, confidential, and protected by the attorney-client or attorney work product privileges. It is not intended for transmission to, or receipt by, any unauthorized persons. If you are not the addressee or intended recipient, please note that disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this transmission in error, please delete it and destroy it without copying it, and notify the sender by reply e-mail, or notify us immediately at our telephone number in the United States (248) 250-9950, so that our address record may be corrected. Date: Mon, 21 Mar 2011 14:36:21 -0400 From: CSHARLOW@mail.michbar.org To: mgordnerlaw@bellnet.ca; rriggs@co.genesee.mi.us; ahammoud@co.wayne.mi.us; apovila@co.wayne.mi.us; jpowell1@co.wayne.mi.us; b.poulson@computer.org; mckneeld@cooley.edu; smiths@courts.mi.gov; dmcginnis@dmcginnis.com; dgrano@floodlawcenter.com; nderks@fosterswift.com; lawofficeassistant1@gmail.com; livesayj48@gmail.com; formerfedlawyer@hotmail.com; kdrr@hotmail.com; dhoort@ioniacounty.org; esjulien@julienlaw.com; Kevin.McKay@kentcountymi.gov; gretchen.schlaff@macombcountymi.gov; HeathJ@michigan.gov; haytham@puckettfaraj.com; miattorney@tds.net; hlopllc@yahoo.com; johnajarema@yahoo.com; paulbukowski@yahoo.com CC: ELYON@mail.michbar.org Subject: Committee E-Vote Request - Please Respond Committee Members:
In the absence of a quorum at Thursday’s Criminal Jurisprudence & Practice Committee Meeting, we are requesting an e-vote. If you were unable to attend the meeting on March 17, please vote on the positions listed below by Thursday, March 24.
Your voting choices are: A. Support the Committee Position B. Oppose the Committee Position C. Abstain from Voting
1. 2010-17 Proposed Amendment of Rule 3.707 of the Michigan Court Rules This proposal, submitted by the Michigan Judges Association, would clarify that the right to bring a motion to modify or terminate a personal protection order as established by MCR 3.707 applies to ex parte PPOs.
Committee Position: Support the proposal only if a good cause exception to modify or terminate a Personal Protection Order, ex-parte or otherwise, is added to the proposal.
Vote: Support the Committee Position
2. 2008-28 - Proposed Amendment of Rule 6.005 of the Michigan Court Rules The proposed amendment would revise MCR 6.005(H) to clarify that appointed defense counsel in a criminal proceeding either must file a substantive response to a prosecutor’s application for interlocutory appeal or notify the Court of Appeals that the lawyer intends not to submit a pleading.
Committee Position: Oppose due to the lack of a funding mechanism for the payment of fees for appellate work done by appointed trial counsel.
Vote: Support the Committee Position
3. Prisoner Identification HB 4074 (O’Brien) Corrections; prisoners; certain prisoner reentry programs, including issuance of identification card and copies of other identifying documents; require, and require prisoners to obtain certain records. Amends secs. 35, 37 & 67 of 1953 PA 232 (MCL 791.235 et seq.) & adds sec. 34b. HB 4075 (Shirkey) State; identification cards; forms of identification necessary to apply for a state identification card; include corrections identification card and allow access to certain department of corrections data. Amends sec. 1 of 1972 PA 222 (MCL 28.291). HB 4076 (Damrow) Traffic control; driver license; forms of identification necessary to apply for driver license; include corrections identification card. Amends sec. 307 of 1949 PA 300 (MCL 257.307). HB 4077 (Glardon) Criminal procedure; sentencing; certain records necessary to obtain identification documents; assist convicted persons in obtaining. Amends sec. 14, ch. XI of 1927 PA 175 (MCL 771.14).
Committee Position: Support the proposed legislation.
Vote: Support the Committee Postion
4. HB 4164 (Oakes) Traffic control; other; option of community service in lieu of payment of driver responsibility fees for certain low-income individuals; provide. Amends sec. 732a of 1949 PA 300 (MCL 257.732a) & adds sec. 732b.
Committee Position: Support in concept but remain opposed to the driver responsibility fees.
Vote: Support the Committee Position
5. HB 4261 (McMillin) Crime victims; rights; names and addresses of minors who have been victims of child abuse or sex crimes; allow to be exempted from disclosure under freedom of information act. Amends sec. 13 of 1976 PA 442 (MCL 15.243).
Committee Position: Support the bill.
Vote: Support the Committee Position
6. HB 4327 (Brunner) Civil procedure; evidence; testimony of a vulnerable adult; allow to be presented by videotape or closed-circuit television under certain circumstances. Amends sec. 2163a of 1961 PA 236 (MCL 600.2163a).
Committee Position: Support in concept provided that two-way interactive technology phrasing is used instead of video recording.
Vote: Oppose the committee position and note that as I recall, this matter was the subject of a 5-3 vote during the meeting. I concurr with Mr. Faraj's proposal to table this matter.
7. HB 4392 (Segal) Crimes; other; court to defer prosecution of person less than 18 years convicted of cyberbullying; allow under certain circumstances. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 4b to ch. IX.
Committee Position: Support the legislation but oppose subsection (4) providing for mandatory punishments. The committee feels that subsection removes the judge’s discretion with the word “shall.” The committee feels this “shall” should be changed to “may” to keep the subsection in line with the rest of the bill.
Vote: Support the Committee Position
8. HB 4403 (Jackson) Courts; juries; individuals who fail to return jury questionnaires; ensure continued eligibility for jury service. Amends sec. 1313 of 1961 PA 236 (MCL 600.1313).
Committee Position: Support the legislation.
Vote: Support the Committee Position
Carrie Sharlow
Administrative Assistant
Governmental Relations
State Bar of Michigan
Michael Franck Building
306 Townsend St., Lansing, MI 48933
Phone: 517/346-6317 Fax: 517/482-6248
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