Michigan House Bill HB5693

Michigan 2023-2024 Regular Session

• Introduced: 4/25/24
• Refer: 4/25/24

Caption

Courts: juries; reference in the probate code; amend to reflect repeal. Amends sec. 17, ch. XIIA of 1939 PA 288 (MCL 712A.17). TIE BAR WITH: HB 5689'24

Impact

One critical provision introduced by HB 5693 is the stipulation that hearings should only be adjourned or continued for good cause, and not arbitrarily. This provision mandates that continuance requests be submitted in writing no less than 14 days before the hearing and specifies that adjournments must not exceed 28 days unless justified in court. This is designed to ensure that cases, especially those that affect minors, are handled promptly and that the best interests of the juvenile involved are taken into account during the decision-making process.

Summary

House Bill 5693 seeks to amend section 17 of chapter XIIA of the Probate Code of 1939 in Michigan. The bill primarily focuses on the conduct of hearings within the probate court, specifying that hearings, other than criminal hearings, can be held informally. Furthermore, the bill mandates that stenographic notes or transcripts must be created to document these hearings. This aspect aims to enhance transparency and official record-keeping in court proceedings involving non-criminal cases, particularly those concerning juveniles and vulnerable parties.

Contention

The bill may face contention around its implications for existing procedures regarding juvenile cases. While proponents argue that the bill strengthens the rights and protections of juvenile witnesses by facilitating a more informal and protective environment in hearings, opponents might raise concerns regarding the informality in the judicial process. Concerns may also arise around the amendments to jury demand in hearings, which could affect how cases are presented and judged, especially regarding personal protection orders and other sensitive matters. The requirement for legal representation by the prosecuting attorney in proceedings could also spark debate regarding the adequacy of legal counsel in every case handled under the probate court system.