Compromise on procedural rules bill in the works April 1, 2004 Regular News Compromise on procedural rules bill in the works A bill proposing a constitutional amendment to give the Florida Legislature the authority to write all court procedural rules may be dead following a meeting of the bill’s sponsor with Florida Bar President Miles McGrane.McGrane, Tallahassee attorney Barry Richard, who represented the Bar on the issue, and Rep. Gus Barreiro, R-Miami, met last month after the House Public Safety and Crime Prevention Committee, which Barreiro chairs, passed the proposed amendment on a party-line vote.“We’re looking at a compromise,” Barreiro said on March 17.“It was a very friendly conversation and I understood what caused [Rep. Barreiro] to be concerned about court rule-making authority,” McGrane said. “I explained to him how it was done and we left with a mutual understanding. We are going to work together and get beyond this.”The preliminary agreement calls for the Senate President and House Speaker to be able to appoint a legislator or two to the Bar’s procedural rules committees, Barreiro said, and for lawmakers to get copies of proposed rule changes when they are submitted to the Supreme Court. That would give them an opportunity to comment before the court acts.Both of those actions were suggested by Richard in his presentations at two committee meetings as ways to assuage legislators’ concerns about the rule-making process and whether the Supreme Court was infringing on substantive matters with procedural rules.“The legislature will feel they are a part of the process” with those changes, Barreiro said. “If we can get to that point, the amendment will go away and we’ll have a compromise.”In a March 18 letter to Barreiro, McGrane wrote, “In addition to my February 19, 2004, letter to you wherein I proposed the Bar would give specific notice to appropriate legislative chairs and staff of court rule amendments, I will seek further changes in our processes so that the Bar can specifically include members of the legislature to each of our court rules committee.“You and I should further discuss the details of this concept — e.g. , how many lawmakers, how they should be selected, etc. — but I wanted this letter to reflect my understanding and approval of these concepts. Once we agree on the specifics, I will take this matter to the Bar’s governing board for immediate approval.”There is also another sign that the court system has taken notice of legislators’ concerns about both procedural rules and jury instructions. In a March 18 opinion on criminal jury instructions, the Supreme Court rejected two proposed instructions and returned them to the Supreme Court Committee on Standard Jury Instructions in Criminal Cases.In the first instruction, the court asked the committee to revise the rule to reflect concerns of the House Judiciary Committee that the rule did not reflect state law and the second to update it with changes made by the legislature last year. Standard Jury Instructions in Criminal Cases (2003-1), case no. SC03-629.
AddThis Sharing ButtonsShare to FacebookFacebookShare to TwitterTwitterShare to MoreAddThisWashington D.C. — Michigan Senator Gary Peters has introduced new legislation that would amend the Older Americans Act of 1965.Peters and Senator John Boozman (R-AR) introduced the Age-Friendly Communities Act last Thursday. The new bill would require federal government departments to develop a national set of goals on healthy aging and age friendly communities. According to the Michigan Department of Transportation and the University of Michigan’s Institute for Research on Labor, Employment, and the Economy, there will be a projected 3 million Michiganders over the age of 55 by 2020.Legislation would establish a coordinating body with both public and private care to develop best practices for achieving set goals. Age-friendly communities are those committed to working toward ensuring their seniors have access to amenities such as housing, transportation, social and civic opportunities, volunteerism, employment, and supportive services. These communities would have a hub where seniors can receive help and information for various services like health care and transportation. Specifically, this legislation would aim to help seniors who would like to age in place.“I know I’ve gone through this issue with elderly parents who want to stay home, and it’s unbelievably complicated to try to find home health care, to find out what transportation is available for them, all of the range of services that we need,” said Senator Peters. “It shouldn’t be that complicated ”The bill will most likely be sent to a committee for review before it hits the house and senate floor.“We have to make it simpler, and we have to design our communities to make sure they’re providing a friendly atmosphere for folks to age and to prosper and to live independent lives,” said Peters.AddThis Sharing ButtonsShare to FacebookFacebookShare to TwitterTwitterShare to MoreAddThis Tags: Age Friendly Communities Act, Aging, bill, HOUSE, Law, Michiganders, Older Americans Act of 1965, Senate, Senator Gary PetersContinue ReadingPrevious Minute with the Mayor: medical marijuana facilities plus a smoking/vaping ban in parksNext Son surprises colorblind father with glasses that help see color