HOUSE BILL NO. 6344
A bill to amend 1978 PA 620, entitled
"Appellate defender act,"
by amending the title and sections 2, 4, 6, and 7 (MCL 780.712, 780.714, 780.716, and 780.717) and by adding section 1a.
the people of the state of michigan enact:
An act relating to criminal procedure; indigent appellate defense; to provide for the defense of persons accused or convicted of criminal offenses; certain indigent individuals; to create the appellate defender commission; to provide for an appellate defender; to prescribe powers and duties; to provide facilities, personnel, and related assistance and services for the appellate defender and the commission; and to provide for the financing of the administration of this act.
(a) "Adult" means an individual who is eligible to appeal a criminal conviction or exercise any other post-conviction remedy.
(b) "Juvenile" means an individual who is the subject of an order of disposition.
(c) "Order of disposition" means an order of disposition made under chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32.
Sec. 2. (1) An appellate defender commission is created within the office of the state court administrator. The appellate defender commission consists of 7 members appointed by the governor for terms of 4 years. Of the 7 members, 2 members shall be recommended by the supreme court of this state, 1 member shall be recommended by the court of appeals of this state, 1 member shall be recommended by the Michigan judges association, 2 members shall be recommended by the state bar of Michigan, and 1 member, who shall not be an attorney, shall be selected from the general public by the governor. A member of the commission shall not be, at the time of appointment, a sitting judge, a prosecuting attorney, or a law enforcement officer.
(2) Initially 4 members of the commission shall be appointed for terms of 4 years and 1 member each for terms of 1, 2, and 3 years respectively.
(3) Members of the commission shall not receive a salary in that capacity but shall be reimbursed for their reasonable actual and necessary expenses by the state treasurer upon the warrant of the state treasurer.
(4) The commission shall be responsible for the development of a both of the following:
(a) A system of indigent appellate defense services which shall for indigent adults.
(b) A system of appellate defense services for indigent juveniles.
(5) Both of the systems described in subsection (4) must include services provided by the both of the following:
(a) The office of the state appellate defender , provided for under created in section 3. , and locally
(b) Locally appointed private counsel.
(6) (5) The commission shall be responsible for the development of minimum standards to which all indigent criminal defense appellate defense services shall for adults and juveniles must conform. Within 180 days after appointment of the commission and whenever Whenever the commission deems it advisable, after that period, the commission shall submit proposed standards to the supreme court. Upon approval of the proposed standards by the supreme court, the commission shall adopt the standards.
(7) (6) The commission shall compile and keep current a both of the following:
(a) A statewide roster of attorneys eligible for, and willing to accept appointment by, an appropriate court to serve as criminal appellate defense counsel for indigents. indigent adults.
(b) A statewide roster of attorneys eligible for, and willing to accept appointment by, an appropriate court to serve as appellate defense counsel for indigent juveniles.
(8) The appointment of criminal appellate defense services for indigents shall indigent adults and juveniles must be made by the trial court from the applicable roster provided by the commission or shall be described in subsection (7), or referred to the office of the state appellate defender.
(9) (7) The commission shall provide a continuing legal education training program for its staff and the private attorneys who appear on the roster for purposes of appointment for indigent criminal defense appellate service.rosters described in subsection (7).
Sec. 4. (1) The An individual shall not serve as an appellate defender, deputy appellate defender, and each or assistant appellate defender shall:
(a) Be unless the individual is an attorney licensed to practice law in this state.
(2) (b) The appellate defender, the deputy appellate defender, and each assistant appellate defender shall do all of the following:
(a) Take and subscribe to the oath required by the constitution before taking office.
(b) (c) Perform duties as may be provided by law.
(c) (d) Represent the following individuals:
(i) An indigent defendant adult only subsequent to a conviction or entry of a guilty plea or plea of nolo contendere at the trial court level.
(ii) An indigent juvenile only subsequent to an order of disposition.
(3) (e) Not The appellate defender and the deputy appellate defender shall not engage in the practice of law or as an attorney or counselor in a court of this state except in the exercise of his the duties under this prescribed by this act.
(4) (2) For purposes of this act, the appellate defender, the deputy appellate defender, the each assistant appellate defender, and support personnel shall be are considered as court employees and are not as classified civil service employees.
Sec. 6. The appellate defender shall do all of the following:
(a) Conduct an appeal of a felony conviction or conduct other post conviction post-conviction remedies on behalf of a person an indigent adult for whom the appellate defender is assigned as attorney by a court of a record.
(b) Conduct an appeal of an order of disposition on behalf of an indigent juvenile for whom the appellate defender is assigned as attorney by a court of record.
(c) (b) Provide investigatory and other services necessary for a complete appellate review or appropriate post conviction post-conviction remedy.
(d) (c) Accept only that number of assignments and maintain a caseload which will insure ensure quality criminal defense appellate defense services for indigent adults and juveniles consistent with the funds appropriated by the state. However, the number of cases assigned to the appellate defender office shall must not be less than 25% of the total criminal defense appellate defense cases for indigents indigent adults and juveniles pending before the appellate courts of this state.
(e) (d) Maintain a repository of briefs prepared by the appellate defender and make those briefs available to private attorneys providing criminal defense appellate defense services for indigents.indigent adults and juveniles.
(f) (e) Perform other duties required by law as directed by the commission.
Sec. 7. (1) The appellate defender may appoint special assistant appellate defenders to represent do any of the following:
(a) Represent indigent persons adults or to otherwise assist in the representation of an indigent person adults at any stage of appellate or post conviction post-conviction proceedings, upon rules adopted by the commission. Special
(b) Represent indigent juveniles or otherwise assist in the representation of indigent juveniles at any stage of appellate proceedings, upon rules adopted by the commission.
(2) The special assistant appellate defenders shall be paid on a contract basis approved by the commission within funds available to the commission. and shall not be subject to the restrictions on the practice of law contained in section 4.