2023 Senate Bill 425 / Public Act 299

AI Analysis – Experimental

This legislation amends the 1978 PA 620 to enhance indigent appellate defense by establishing an appellate defender commission and defining the roles, powers, and duties of appellate defenders. It aims to provide defense for certain indigent individuals, including adults eligible to appeal criminal convictions and youth eligible to appeal certain probate orders. The commission, consisting of 9 members appointed by the governor with recommendations from various legal and public entities, will develop systems of appellate defense services for both indigent adults and youth, including services provided by the office of the state appellate defender and locally appointed private counsel. The commission is tasked with developing minimum standards for these services, maintaining a statewide roster of attorneys for appellate defense, and providing continuing legal education for its staff and rostered attorneys. Appellate defenders and their deputies are required to be licensed attorneys in Michigan, take an oath before taking office, and are considered court employees, not classified civil service employees. They are responsible for conducting appeals and other postconviction remedies, ensuring a complete appellate review, and maintaining a caseload that ensures quality defense services, with the office handling at least 25% of the total appellate defense cases for indigent adults and youth in the state. Additionally, the act outlines the financial responsibilities for reasonable fees and expenses, including a system for the payment and reimbursement of locally appointed private counsel by indigent defense systems, with the state reimbursing systems for a portion of these expenditures, aiming for full reimbursement after compliance over three fiscal years.