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Committee Members: In the absence of a quorum at the April 28 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, May 12 at 4:00 pm. Your voting choices are: A. Support the Committee Position B. Oppose the Committee Position C. Abstain from Voting 1. Juvenile Competency SB 0246 (Schuitmaker) Juveniles; criminal procedure; juvenile competency standards; revise. Amends sec. 1, ch. XIIA of 1939 PA 288 (MCL 712A.1) & adds secs. 18n, 18o, 18p, 18q, 18r & 18s to ch. XIIA. SB 0247 (Schuitmaker) Juveniles; criminal procedure; juvenile competency and culpability; clarify. Amends secs. 498d, 498e & 498h of 1974 PA 258 (MCL 330.1498d et seq.) & adds secs. 1060, 1060a, 1060b, 1060c, 1062, 1064, 1066, 1068, 1070, 1072 & 1074. HB 4555 (Lipton) Juveniles; criminal procedure; juvenile competency and culpability; clarify. Amends secs. 498d & 498h of 1974 PA 258 (MCL 330.1498d et seq.) & adds secs. 1060, 1060a, 1060b, 1060c, 1062, 1064, 1066, 1068, 1070, 1072 & 1074. HB 4556 (Lipton) Juveniles; criminal procedure; juvenile competency standards; revise. Amends sec. 1, ch. XIIA of 1939 PA 288 (MCL 712A.1) & adds secs. 18n, 18p, 18o, 18q, 18r & 18s to ch. XIIA. MOTION: Adopt the position of the Criminal Law Section, which is: While the Section sees this legislation as necessary in filling a gap in the juvenile system, we are not in favor of only social workers doing the competency evaluations. The Section has an issue with the qualifications of the examiners, and feels an amendment is required, stating that if a forensic mental health examiner is not available, the court should appoint another qualified person for the competency exam. 2. HB 4472 (Pscholka) Corrections; parole; appointment of legal counsel for prisoner based upon appeal of parole by victim or prosecutor; prohibit under certain circumstances. Amends sec. 34 of 1953 PA 232 (MCL 791.234). MOTION: Oppose the bill because it takes away the discretion of the judge in appointing counsel for the prisoner. 3. Michigan Supreme Court Terms (please see the attached letter from Civil Procedure and Courts Committee) MOTION: Support. Finally, we invite committee members to forward any individual comments about proposed ADM File No. 2011-05 Proposed Amendments of Rules 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.9, 1.13, 1.14, 1.15, 1.16, 1.17, 3.2, 4.1, 4.3, 5.2, and 8.4 of the Michigan Rules of Professional Conduct to Carrie Sharlow or Elizabeth Lyon for possible distribution to the Professional Ethics Committee for consideration. 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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Attachment:
Letter from Civil Procedure.pdf
Description: Adobe PDF document