Dashboard > Michigan State Planning Body for Legal Services > Michigan SPB Home > July 25, 2019 SPB Meeting
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SPB Agenda 7-19 (doc)

The meeting will be held at Lakeshore Legal Aid's main office, 2727 Second Avenue in Detroit. The meeting will be in Conference Room 2 on the 1st Floor. There should be on-street parking near the building. Lunch will be served at 12:00 noon and the meeting will begin at 12:30.

I. Organizational matters

      Bob Gillett is stepping down as co-chair of the Planning Body (but will remain on the Planning Body and the Agenda Committee). Angela Tripp has agreed to step in as co-chair. Thanks, Bob, for all that you've done for this organization - we have all benefitted from your bottomless curiosity which has led to your expertise in so many topics we have discussed over the years. We are deeply appreciative of your leadership and organization which has made the Planning Body very effective in advancing policy initiatives and in keeping our large justice community connected and working well together. Ang has some big shoes to fill.

      An * next to an agenda item denotes an action item - please review the materials ahead of time and be prepared to vote on a motion.

II. Reports and discussion

      We're listing some topics for longer discussions and for reports. If you want to add a topic, please contact Bob Gillett at rgillett@lsscm.org. If you have written materials on any of our topics, please send them to Bob and to Wilson Suprapto wsuprapto@mplp.org electronically.

      A. Discussion topics 

  1. Pretrial Detention (Bob Gillett, Amanda Alexander, Heather Garretson, Libby Hines, others). The Planning Body is following the Governor's Task Force, the ACLU suit against 36th District Court, and the SCAO Pilot Project. Here is a link to a memo from the Planning Body's Pretrial Detention Committee summarizing their initial discussions.*
  2. Client cell phones in court (Ang Tripp, Katie Hennessey). The rule proposed by the Planning Body was published for comment by the Court in May. Comments are due September 1. We'll be asking the Planning Body to approve a comment supporting the rule. Here is a link to the Court web page (including comments to date), a draft comment letter from the Planning Body and a draft comment letter from the Michigan Legal Help Program.*

  3. Cy Pres (Bob Gillett, Jennifer Bentley, Katie Hennessey). The Court published the proposed rule (with an edit to the rule as proposed by the Planning Body) in May. Comments are due September 1. We're attaching a proposed comment from the Planning Body and LSAM. Because the U.S. Supreme Court avoided the cy pres issue in Frank v. Gaos and recently denied cert in the In re: EasySaver Rewards Litigation case, the national concerns regarding cy pres have lessened a little. Here is a link to the Court web page, a draft comment from the Planning Body and a proposed revise version of the rule.*

      B. Longer Reports

  1. Michigan Indigent Defense Commission (Loren Khogali). We'll receive an update on MIDC funding for improvements to local indigent defense systems. The trial defender contract for Wayne County was awarded to Neighborhood Defender Services of Harlem.

  2. Eviction Update (Marilyn Mullane, Ted Phillips, Bob Gillett). This will include an update on two matters:
    1. a report on the follow up from the Eviction Summit held in Detroit on March 12;
    2. an update on the eviction data work being done by MAP in conjunction with the University of Michigan Poverty Solutions program. Here is a link to a mid-year report on the Poverty Solutions Eviction Data Project and a power point presentation summarizing the status of that project.

  3. Justice For All Task Force (Angela Tripp, Jennifer Bentley). The Justice for All Task Force was launched on May 20, 2019, and will be following the National Center for State Courts JFA Framework to complete an inventory of resources currently available in Michigan to help identify gaps and barriers where access to the civil justice system can be improved to help achieve the goal of 100% meaningful access. The inventory will then be used to develop a strategic action plan and set priorities for action steps identified in the plan. The work of the Task Force is closely related to the work of the SPB, so we want to give regular updates.
  4. Expungement (Shannon Lucas, Ashley Lowe). There is a work group developing legislation on an expanded expungement bill. Safe and Just Michigan is coordinating advocacy on this issue.

      C. Shorter Updates

  1. Court Funding Commission (Peter Cunningham). This report was released on April 8. (See materials from the April meeting.) The report acknowledges that the follow up work proceeds differently depending on the outcome of the Cameron case, which is still pending - so there has not yet been much follow up work on this issue.
  2. Juvenile Justice Reform (Kim Thomas). The Michigan Supreme Court/SCAO approved a study by the National Juvenile Defender Center (NJDC) to assess the juvenile indigent defense system in Michigan.

  3. Legal Challenges to Integrated Bar Associations (Katie Hennessey).
  4. Elder Abuse Task Force (Bob Gillett, Angela Tripp). In March 2019, the Attorney General and the Court announced the creation of an Elder Abuse Task Force and one of its major goals is guardianship reform. Here is a link to a report on the initial work of the Task Force.

  5. Immigration update. (Susan Reed, Miriam Aukerman, others.) Here is a link to a statement by Susan Reed on the new wave of family separation activities at the Mexico border.

  6. Voices Training (Ashley Lowe, Ann Routt). The Michigan Voices training was held on April 24.

  7. Fee Waiver Court Rule (Ang Tripp, Bob Gillett). Since our last meeting, Michigan Legal Help staff received reports from legal services program staff from around the state and summarized those reports in a memo to SACO. Milton Mack included a summary of this memo in his weekly report to regional SCAO staff.

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

  9. Juvenile Life without Parole (Jon Sacks).

  10. E-filing update (Ang Tripp).

  11. Unemployment Law update (John Philo, Steve Gray, David Blanchard). Since our last meeting, our own Steve Gray was named the head of the Unemployment Insurance Agency! Congratulations, Steve!

  12. State Bar ATJ Policy Work (Peter Cunningham, Ashley Lowe). This will include an update on legislative issues, the Discovery Court Rules (which were adopted by the Court on June 19), Unbundling, etc.

  13. Amicus update (Ann Routt). Here is a link to an updated amicus report. We're happy to note that on June 12, the Supreme Court decided the Ferranti case, reversing the lower court and directly overruling In re: Hatcher, adopting the position urged by LSAM and the Planning Body in our amicus briefs. The Ferranti decision is also linked.

  14. Michigan Legal Help update, here are our monthly updates of At a Glance and List of Toolkits/Tools(Ang Tripp).

  15. Native American Issues (Cami Fraser).

  16. Civil Right to Counsel (Bob Gillett). See the link to the update from John Pollack.

  17. Personal Protection Order Form standardization project (Angela Tripp). SCAO has court-approved forms to petition a court for a personal protection order, but some local courts require additional forms. The Crime Victim Legal Assistance Project, a statewide VOCA-funded legal aid project, is doing a statewide inventory to look at what additional forms courts are requiring, why, and whether there's a need to try to standardize this practice (similar to fee waiver).

  18. National Conferences of interest happening in our state:
  19. Other?

III. The remaining 2019 Meeting Date

      The remaining 2019 Meeting Date is October 24 in Lansing. We'll set the 2020 meeting dates at the October meeting.



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