From the State Bar of Michigan:
New Executive Order Allows for Remote Notarization
The latest executive order from Gov. Whitmer encourages the use of electronic signatures and remote notarization, witnessing, and visitation during the COVID-19 pandemic. Executive Order 2020-41 will facilitate the completion of legal documents that are more crucial now than ever, but were otherwise difficult or impossible to handle during the pandemic.
"The problem of how to validate critical legal documents in a quarantine environment was a difficult and crucial issue," State Bar of Michigan President Dennis M. Barnes said. "The State Bar thanks the governor for the thorough and thoughtful guidance provided in the executive order. We also applaud the Probate and Estate Planning and Elder Law and Disability Rights sections of the State Bar for proactively raising this critical issue and for using their subject matter expertise and valuable insight in offering a solution to this unprecedented problem."
Here are the highlights for lawyers:
Strict compliance with the rules and procedures of the Uniform Electronic Transactions Act and the Michigan Law on Notarial Acts is temporarily suspended under specified conditions.Any requirement under Michigan law that an in-person witness attest to or acknowledge an instrument, document, or deed may be satisfied by the use of two-way real-time audiovisual technology, under detailed conditions spelled out in the order. The recording must be kept for at least three years, or a different period of time required by law.State laws requiring an individual to appear personally before or be in the presence of either a notary at the time of a notarization or a witness at the time of attestation or acknowledgment are satisfied if the necessary persons can communicate simultaneously by sight and sound via two-way real-time audiovisual technology at the time of the notarization, attestation, or acknowledgment.Financial institutions and registers of deeds must not refuse to record a tangible copy of an electronic record on the ground that it does not bear the original signature of a person, witness, or notary, if the notary before whom it was executed certifies that the tangible copy is an accurate copy of the electronic record.
The executive order, which took effect immediately, continues through May 6, 2020.
Among its many upsides, the order makes it easier to complete important legal work for those on the frontline of the pandemic response.
Per the Governor's orders, as of 11:00 a.m., March 23, 2020, our office is now CLOSED to the public. We are still operating and conducting business, but it is now purely and solely via email, telephone and telecommunications (Skype, Zoom and other internet meeting options).
“All trial courts must take immediate action to protect the public and court personnel by limiting activity only to essential functions,” said Chief Justice Bridget M. McCormack. “The Supreme Court speaks with one, decisive voice: Courts must respond so that the policy is uniform all across Michigan.”
Essential court functions outlined in the Court’s administrative order include:
Arraignments for in-custody defendantsReview and determination of requests for search warrants and personal protection ordersCertain child protective proceedingsCritical issues regarding child support and child custody
Read the entire Advisory here
In a continued effort to crack down on price gauging during the coronavirus outbreak, Gov. Gretchen Whitmer has signed an executive order banning retailers from pumping up prices on emergency supplies.
The executive order states that if a business or individual has acquired any product from a retailer, the business or individual must not resell that product in Michigan at a price that is grossly in excess of the purchase price of the product
Read more at mLive.com
The state of Michigan has reached a settlement with a civil rights organization to inform people who receive traffic tickets and other citations that they can request a low- or no-cost alternative if they can't afford fines and fees.
Read more at Detroit Free Press
Governor Gretchen Whitmer signed a law Monday that will help low-income families avoid home foreclosures for unpaid taxes.
The law allows local governments to forgive penalties and interest for families that meet an income test.
Read more at Michigan Radio
The Read by Grade Three law was passed in 2016 to combat the low literacy rates.
Education leaders say Michigan is in a "literary crisis," with the state's third grade students testing on the lower end of the 50 states nationally during the M-STEP or National Assessment of Education Progress (NAEP). The Read by Grade Three law was passed in 2016 to combat the low literacy rates.
Read more at wzzm13
Some states, including Georgia, have put similar programs in place, and the federal government is also working to improve resources for those in need of immediate mental health services.
Once installed, operators could connect callers with local care providers and resources, including up-to-date availability of psychiatric and substance abuse services.
Read more at mLive.com
The federal minimum age for purchasing any tobacco products, including e-cigarettes, jumped to 21 on Dec. 20.
Michigan 18-year-olds can vote, buy rifles or register for the military draft, yet they are now too young to legally buy cigarettes or vaping devices.
Read more at the Detroit Free Press
On Dec. 16th, a new state law took effect to combat "porch pirates."
On Monday, a new state law takes effect to close the gap. If caught stealing, mail thieves could face fines and up to a year in jail. Repeat offenders could face up to five years in prison.
Read more at Fox17
