HomeMy WebLinkAboutResolutions - 1965.04.19 - 19526Miscellaneous Resolution 4436 April 19, 1965
BY: Mr. Ingraham
IN RE: REPORT AND RECOMMENDATIONS ON THE FEASIBILITY OF ESTABLISHING
A PUBLIC DEFENDER SYSTEM
TO THE OAKLAND COUNTY BOARD OF SUPERVISORS
Mr. Chairman, Ladies and Gentlemen:
On February 16, 1965, your Legislative Committee held a public hearing to
receive the views of interested persons on the feasibility of establishing a Public Defender
System for the purpose of providing legal counsel to indigent persons accused of crime and
coming before the courts within Oakland County.
Appearing at the hearing were the following:
Circuit Court - Judge Philip Pratt
County Prosecutor - S. Jerome Bronson
County Board of Auditors - Daniel T. Murphy
Corporation Counsel - Robert P. Allen
Richard Condit, Attorney
Wallace D. McLay, Attorney
along with other interested citizens.
With the exception of Mr. Wallace D. McLay, who favored a Public Defender
System, all others testified that, in their opinion, the present system of appointing and
providing counsel to indigent persons would, with certain modifications and improvements,
render a high quality of representation and justice.
Your Legislative Committee met on March 16, 1965, to review and evaluate the
findings of the public hearing of February 16. In seeking proposed remedial legislation
on the matter, it is recommended that the Legislative Committee proceed to obtain
permissive legislation to establish a Public Defender System, costs of such system to be
shared on a 50/50 basis, State and county, and contributions by responsible relatives,
with indigency being determined by suitable bodies in criminal cases.
Your Legislative Committee further recommends the following:
1. That the Ways and Means Committee and Board of Auditors should consider
budgetary provisions for the present defender system in view of the recent Court
development.
of the foregoing report and the recommeKdations contained therein.
LEG IStAT
Vernon B. Edward Cyril E. Miller
John S. Slovens
2. Providing funds for investigative facilities.
3. Recommends to the Oakland County Bar Association and Circuit Court
Bench to implement the recommendations of the Bar Association, which recommendations
are as follows:
a. Appointments should be made only from a list of attorneys who
have indicated a willingness to accept such appointments.
b., Appointments should be made on a rotation basis from a list of
volunteers who have been screened by the committee (Bar Association
Committee) and deemed qualified.
c. The Bar Association Committee should establish recommended
fees to be paid and compensation should include costs incurred for
investigation purposes.
d. Consideration should be given to centering the administration of
appointing counsel in one office, perhaps that of the Court Administrator.
e, Inquiry should be directed to law schools in the area to solicit the
assistance of capable law students to perform investigative work for appointed
counsel, as well as to assist in research which might be required by counsel in appeal
cases.
MR. CHAIRMAN, on behalf of the Legislative Committee, I move the adoption