Hearing set for proposed court rules changes

The Michigan Supreme Court will hold a public administrative hearing on Thursday, Sept. 20 in Lansing regarding various proposed amendments to Michigan Court Rules.

The two-hour hearing in the Supreme Court courtroom on the sixth floor of the Michigan Hall of Justice will begin at 9:30 a.m.
The administrative matters on the agenda for this hearing are:

1. Proposed Amendment of  MCR 2.002 2018-20.
Issue:  Whether to adopt either of the proposed alternative amendments of MCR 2.002 regarding fee waivers for indigent individuals.

2. Proposed Amendments  of MCR 6.502 and MRPC 3.8 2014-46.
Issue:  Whether to adopt the proposed amendments of MCR 6.502 and MRPC 3.8 regarding postjudgment relief from judgment motions.

3. Proposed Addition of MCR 2.228.
Issue: Whether to adopt the proposed addition of MCR 2.228 to require a notice of transfer to the Court of Claims to be filed before or at the time the defendant files an answer.

4. Proposed Administrative Order 2018-XX.
Issue:  Whether to adopt the proposed administrative order to require circuit court judges and county clerks to enter into an agreement on the assignment and performance of ministerial duties.

5. Proposed Amendment of MCR 6.302.
Issue: Whether to adopt the proposed amendment of MCR 6.302 that would require a trial court judge to advise a defendant that if a plea is accepted, the defendant will give up the right to appeal issues that might have been available after the conclusion of a trial.

6. Proposed Amendment of MCR 7.202.
Issue:  Whether to adopt the proposed amendment of MCR 7.202 that would clarify what constitutes a final postjudgment order in a domestic relations case for purposes of appeal by right. 

7. Proposed Amendment of MRPC 7.1.
Issue:  Whether to adopt the proposed amendment of MRPC 7.1 that would restrict and regulate the use of the terms “retired” or “former” for a justice, judge, referee, or magistrate who returns to the practice of law.

8. Proposed Amendments  of Canon 3 and Canon 7 of the Michigan  Code of Judicial Conduct.
Issue: Whether to adopt the proposed amendments of Canon 3 and Canon 7 of the Code of Judicial Conduct to incorporate the ABA Model Code of Judicial Conduct 2.10 language and clarify its application to public comments made by judges. 

Those wishing to address the court will be allotted three minutes each to present their views after which  the  speakers may be  questioned by the justices.   

To reserve a place on the  agenda, notify the Office of  Administrative Counsel in writing at PO Box 30052, Lansing, MI 48909, or by e-mail at ADMcomment@courts.mi.gov, no later than Monday, Sept. 17.

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