Michigan Laws 780.714 – Appellate defender, deputy appellate defender, and assistant appellate defender; qualifications, duties, and restrictions; court employees
Current as of: 2024 | Check for updates
|
Other versions
(1) The appellate defender, deputy appellate defender, and each assistant appellate defender shall:
(a) Be an attorney licensed to practice law in this state.
Terms Used In Michigan Laws 780.714
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indigent: means that term as defined in section 3 of the Michigan indigent defense commission act, 2013 PA 93, MCL 780. See Michigan Laws 780.711a
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Take and subscribe to the oath required by the constitution before taking office.
(c) Perform duties as may be provided by law.
(d) Represent the indigent defendant only subsequent to a conviction or entry of a guilty plea or plea of nolo contendere at the trial court level.
(e) 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 duties under this act.
(2) For purposes of this act the appellate defender, the deputy appellate defender, the assistant appellate defender, and support personnel shall be considered as court employees and not as classified civil service employees.