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SPB Agenda 7-18 (doc)

The meeting will be in Southfield.

The meeting will be held at the Salvation Army Building. The address is 16130 Northland Drive, Southfield. Our meeting will be in Conference Room D. Lunch will be served at 12:00 noon and the meeting will begin at 12:30.

I. Welcome and introductions

      Since we're having the meeting next door to Lakeshore Legal Aid's Counsel and Advocacy Law Line (CALL) location, Ashley Lowe will give a report on the expansion of CALL and CALL's current operations. There will be a tour of the CALL offices for those who are interested after the meeting. For non-civil-legal-aid members of the Planning Body, CALL is a lawyer-staffed hotline that provides intake, advice and brief services, and referrals for Lakeshore Legal Aid, Legal Aid of Western Michigan, Legal Services of Eastern Michigan, and the Michigan Advocacy Program. In 2016, Lakeshore received a grant to expand CALL to be a statewide resource and to integrate those services with the Michigan Legal Help Triage and On-Line Intake services.

II. Discussion items.

      A. The Janus decision and its impact on mandatory Bar associations (Janet Welch)

      Janus v AFSCME decision 6-18.pdf

      B. Civil Rights and Civil Liberties (Susan Reed, Miriam Aukerman, others.)

      There have been a number of developments since the last meeting—the administration's family separation policy; new policies impacting victims of domestic violence; the decision in the Muslim ban case; the vacancy on the Supreme Court. We'll also receive an update on the public charge issue and the Hamama case.

      https://www.clasp.org/sites/default/files/publications/2018/04/2018.04.24%20PIF%20Public%20Charge%20Fact%20Sheet.pdf

      https://michiganimmigrant.org/protecting-immigrant-families-michigan

      C. Client cell phones in court (Ang Tripp)

      This has been an ongoing issue for low income litigants (especially pro se litigants). Court policies are inconsistent and the many courts that have "no cell phone" policies create significant barriers for self-represented litigants. We believe the Planning Body should advocate with the court system (local courts and SCAO) for more litigant-friendly policies.

      SPB cell phone policy 7-18.docx

      SPB cell phone usage research 4 18.docx

III. Updates

      On the other areas that the SPB has been following, we are inviting written reports prior to the meeting or brief oral reports at the meeting. Please let us know if you would like to give an oral report at the meeting.

      We have noted some issues where there have been developments and we are expecting an oral report. If you feel like you need more than 5-10 minutes for an in person report or if you would like to move a topic from the shorter report to the longer report section of the agenda, please contact Bob Gillett at rgillett@lsscm.org . If you have written materials, please send them to Bob and to Scott Ellis scoellis@mplp.org electronically.

    A. Longer Updates

          1. Racial Justice Training Institute (Nicole Goodson, Lorray Brown)

          The group has scheduled a Summit for October 8, 2018.

          SPB RJTI report 7-18.pdf

          2. Ability to Pay including Bail Policies (Peter Cunningham, Libby Hines, John Philo, others.)

          There are a number of active initiatives relating to this topic: (a) the Court Funding Commission; (b) the Cameron case; (c) the Fowler v. Johnson litigation (seeking to enjoin the state from suspending driver's licenses for persons unable to pay traffic fines); (d) the report from the National Task Force on Bail Practices; (e) an update on the Michigan Bail Reform Task Force.

          SPB NCSC Principles Fines Fees Bail 12-17.pdf

          3. Eviction Lab update (Ashley Lowe, Angela Tripp, others)

          At the April meeting we discussed the Eviction Lab project and its national data comparing eviction rates across the nation. We'll update the group on developments since the April meeting.

          https://attendee.gotowebinar.com/recording/7012078623689351425

          4. Criminal Defense Update (Judy Levy, Jon Sacks and Loren Khogali)

          We'll receive an update on developments in indigent criminal defense. These developments include a new board overseeing the operations of the Federal Defender's Office in the Eastern District; a report on indigent defense in Wayne County; and an update on developments with the Michigan Indigent Defense Commission.

          5. Fee Waiver Court Rule (Peter Cunningham, Bob Gillett)

          Since the April meeting, the Supreme Court published two versions of the fee waiver court rule—the one proposed by the State Bar and a second proposed by the State Court Administrative Office. Comments are due September 1. The Bar Workgroup has reviewed the two rules and suggested a merged version. We'd like the Planning Body to review and possibly comment on the proposed rule.

          http://courts.mi.gov/Courts/MichiganSupremeCourt/rules/court-rules-admin-matters/Court%20Rules/2002-37_2018-06-13_FormattedOrder_PropAmendtOfMCR2.002.pdf

          fee waiver Alternative C 7-16-18.docx

          Fee Waiver Memo to BOC 07-16-2018.docx

    B. Shorter Updates

          1. Juvenile Life without Parole (Val Newman, Jon Sacks)

          2. Unemployment Law update (John Philo, Steve Gray, David Blanchard)

          3. State Bar Reorganization (Peter Cunningham)

          4. State Bar ATJ Policy Work (Peter Cunningham)

          This will include an update on legislative issues, the Discovery Court Rules, Unbundling, etc.

          5. Voices for Civil Justice (Ashley Lowe)

          As part of the Eviction Lab discussion at the April meeting, we discussed this national resource and the initial efforts to coordinate and enhance messaging on legal services and access to justice issues in Michigan. This report will update us on those discussions.

          6. Amicus update (Ann Routt)

          The Michigan Supreme Court recently granted argument on the leave application in In re: Ferranti. This is another case challenging the collateral estoppel holding in In re: Hatcher. The Court invited the Planning Body to file an amicus. We're asking the Planning Body to authorize us (with the pro bono team from the Honigman firm) to appear as amicus in the case.

          spb - lsam amicus update 7-18.doc

          7. ABA Reorganization (Bob Gillett)

          8. Cy Pres (Bob Gillett, Jennifer Bentley)

          9. Juvenile Law Issues (MaryAnn Sarosi)

          10. Michigan Legal Help Program (Ang Tripp)

          MLH At a Glance 7-5-18 (1).docx

          list of toolkits and docs 7-5-18.docx

          11. E-filing update (Angela Tripp)

          12. Civil Right to Counsel (Bob Gillett)

          http://www.civilrighttocounsel.org/map

          13. Native American Issues (Jim Keedy)

          14. Other

V. Proposed 2018 Meeting Dates:

October 25 (Lansing)

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