Michigan Laws 780.714.amended – Appellate defender, deputy appellate defender, and assistant appellate defender; qualifications, duties, and restrictions; court employees
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Terms Used In Michigan Laws 780.714.amended
- Adult: means either of the following:
(i) An individual who is eligible to appeal a criminal conviction or exercise any other postconviction remedy. See Michigan Laws 780.711aAppellate: 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. 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. Youth: means an individual who is eligible to appeal an order issued under section 2(a), (d), or (h) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 780.711a
(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 following:
(a) Take and subscribe to the oath required by the constitution before taking office.
(b) Perform duties as may be provided by law.
(c) Represent the following individuals:
(i) An indigent 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 youth only subsequent to an appealable order.
(3) 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 the duties prescribed by this act.
(4) For purposes of this act, the appellate defender, the deputy appellate defender, each assistant appellate defender, and support personnel are considered court employees and are not classified civil service employees.