Short title.
This act shall be known and may be cited as the "appellate defender act".
Michigan · statute · 620 of 1978, Mich. Comp. Laws · 11 active provisions
This act shall be known and may be cited as the "appellate defender act".
As used in this act: (a) "Adult" means either of the following: (i) An individual who is eligible to appeal a criminal conviction or exercise any other postconviction remedy. (ii) An individual who is eligible to appeal an order issued under section 2d or 4 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL…
(1) An appellate defender commission is created within the office of the state court administrator. The appellate defender commission consists of 9 members appointed by the governor for terms of 4 years. The members of the commission must be determined as follows: (a) Two members must be recommended by the supreme cour…
(1) An appellate defender shall be appointed and serve at the pleasure of the appellate defender commission. An appellate defender shall not be dismissed except for cause determined after a hearing. Dismissal shall require a majority vote of the commission. (2) The appellate defender shall appoint and supervise the wor…
(1) An individual shall not serve as an appellate defender, deputy appellate defender, or assistant appellate defender unless the individual is an attorney licensed to practice law in this state. (2) The appellate defender, the deputy appellate defender, and each assistant appellate defender shall do all of the followi…
(1) The salaries of the appellate defender, deputy appellate defender, assistant appellate defenders, and supporting personnel shall be established by the commission. (2) The appellate defender, deputy appellate defender, assistant appellate defenders, and supporting personnel shall be reimbursed for their reasonable a…
The appellate defender shall do all of the following: (a) Conduct an appeal of a felony conviction or conduct other postconviction remedies on behalf of an indigent adult for whom the appellate defender is assigned as attorney. (b) Conduct an appeal of an order or conduct other appropriate postdisposition remedies on b…
(1) The appellate defender may appoint special assistant appellate defenders to do any of the following: (a) Represent indigent adults or otherwise assist in the representation of indigent adults at any stage of appellate or postconviction proceedings, upon rules adopted by the commission. (b) Represent indigent youth…
The office of the appellate defender shall be funded in the following manner: (a) The legislature may annually appropriate funds necessary to insure the continued operation of the appellate defender commission and the office of the appellate defender. (b) The appellate defender commission may receive grants from the fe…
(1) An indigent defense system is responsible for the payment of reasonable fees and expenses for the services provided by locally appointed private counsel under section 2. (2) The commission shall establish a standard procedure for both of the following: (a) The payment of locally appointed private counsel by indigen…
The appellate defender shall keep a record of services rendered and expenses incurred and shall annually file a report of those services, expenses, and warrants with the commission and the legislature.