Carrie, Here are my votes. 1. As to the motion regarding the proposed Amendment to Rule 2.511 of the Michigan Court Rules, I vote: A (support) 2. With respect to HB 2647, permitting the use of two-way video conferencing equipment for expert testimony, I vote: B (Oppose). As drafted the Bill requires the consent of both parties OR “for good cause.” I would support the Bill if the “for good cause” language is deleted. 3. As to the Amendment requiring notification to prosecuting attorneys, I vote: B (oppose). I see no reason to notify the prosecutor of the parole of a prisoner. Notification is normally made before a prisoner is up for a parole hearing. Parole boards are presumed to act competently on all the information presented to them. Accordingly, there is no need to provide further notice of a prisoner’s parole. There is no rationale purpose behind the legislation except to harass or unfairly interfere with a prisoner who, through proper conduct during confinement, demonstrated that parole is warranted. Thank you for your continuing work in marshalling us. Haytham Faraj From: Carrie Sharlow [mailto:CSHARLOW@mail.michbar.org] 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 >>> Carrie Sharlow 6/23/2011 11:21 AM >>> 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 +-----------------------------------------------+ Consider the environment before printing. E-mail / Fax Notice: The transmitted material is intended only for the use of the addressee. It may contain confidential, proprietary and / or legally privileged information. If you are not the intended recipient, please be aware that any review, use, dissemination, distribution, or copying of this communication, in whole or in part, is prohibited. If you received this communication in error, please notify us immediately by e-mail reply or by phone (800-968-1442), delete the communication and destroy any copies. E-mail Warning: This e-mail was swept for computer viruses. However, we cannot guarantee that the integrity of this e-mail has been maintained in transmission and do not accept responsibility for the consequences of any virus contamination. +------------------mail.michbar.org------------------+ |