Honigman Capitol Report

Governor Race Tightening

Michigan Supreme Court to Hold Public Hearing on Landlord/Tenant Rules

The Michigan Supreme Court will hold a public administrative hearing on Wednesday, November 16, 2022 on whether to adopt proposed amendments to the Michigan Court Rules that would permanently incorporate specific provisions from Administrative Order No. 2020-17 into MCR 4.201. Administrative Order No. 2020-17 was originally issued in July 2021 to respond to the COVID-19 pandemic and the impact on summary proceedings to recover possession of premises. The proposed amendments incorporate certain provisions of the Administrative Order along with several other considerations received via public comment and recommendations and input received from other stakeholders including the Justice for All Commission (JFAC) and the Michigan District Judges Association (MDJA). The full text of the proposed amendments can be found here.

Control of State Senate May Come Down to Just 4 Seats

Barring anything unexpected from happening in the General Election, control of the State Senate may come down to only 4 seats. Republicans and Democrats are expected to win the same amount of districts, tied at 17-17. Outside spending from both sides has now been consolidated to two Macomb seats (the 11th and 12th districts), Grand Rapids (30th district) and the Tri-Cities (35th district). In the 11th and 12th districts, $10.2 million has been spent on broadcast TV alone. If Governor Whitmer wins with 52% or less, Republicans are favored to keep the majority, however, if Whitmer wins with 53% or more, a 19-19 split is more likely.

State Settles Class Action Suit Alleging False Accusations of Unemployment Fraud

The state announced yesterday that they have agreed to a $20 million settlement in a class action lawsuit. In 2015, the Plaintiffs in Bauserman v. Unemployment Insurance Agency accused the State of Michigan Unemployment Insurance Agency of using an automated system to falsely accuse thousands of unemployment fraud which resulted in seizure of paychecks, tax refunds and other assets. Attorney General Dana Nessel announced that “[a]ll legal issues relative to the case have been decided and it is time to put to rest and deliver this meaningful resolution to those Michigan residents who were harmed by this error.” Last month, the Legislative set aside $20 million in the supplemental spending plan to settle the suite following a July Michigan Supreme Court ruling that held claimants could seek financial relief from the state.

Attorney General’s Office Addresses State Appointees ‘Clear Legal Duty'

The Attorney General’s Office has issued a response to an inquiry from Sen. Jeremy Moss (D-Southfield) after two Board of State Canvassers voted not to certify petitions for Promote the Vote and Reproductive Freedom for All. Sen. Moss had asked Attorney General Nessel’s office whether board members who go against clear legal duty could face penalties or lose taxpayer-funded lawyers to defend them in lawsuits. Moss wrote “[t]he duties of the board of State Canvassers are clearly defined and prescribed in statute… what are the consequences for obstructing the will of Michigan Voters?” The Attorney General’s office opined that a member of a state board may be refused representation in litigation and could potentially lose governmental immunity, furthermore, “[a] state officer holding an elective or appointive position who intentionally takes action other than the action required by a clear legal duty, may also need to be concerned with potential suspension or removal from office.”