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Home My WebLink AboutResolutions - 1964.10.26 - 19531Miscellaneous Resolution 4373 October 27, 1964 BY: Mr. Ingraham IN RE: PRELIMINARY REPORT OF THE LEGISLATIVE COMMITTEE TO THE OAKLAND COUNTY BOARD OF SUPERVISORS Mr. Chairman, Ladies and Gentlemen: Your Legislative Committee wishes to report that it is engaged in the process of formulating the 1965 County Legislative Program and has held meetings on September 16, 1964, October 1, 1964 and October 22, 1964, at which meetings numerous items were considered for inclusion in the final legislative program. 1. A resolution from the Seventh District Michigan Association of Supervisors requesting that the Chairman of the Board of Supervisors of Oakland County appoint a permanent member to the Legislative Committee of the Seventh District was considered by your Committee. The Corporation Counsel's office has advised in an opinion, which states in part, that the re is no authorization by statute for such an appointment if the appointment is to carry per diem, however, under the By-Laws of the Oakland County Board of Supervisors, Rule Xi!, Section 4, the Chairman of this Committee may appoint a member as a sub- committee to attend the Legislative Committee meetings of the Seventh District or the Board of Supervisors may create a special committee for the purpose of attending the Legislative Committee meetings of the Seventh District. The authorization for this is to be found in Section 2 (a) of Rule XII. If either appointment were made pursuant to these rules, the member or members would be entitled to per diem according to our rules. After due consideration, your Legislative Committee hereby unanimously recommends to the Board of Supervisors that the Board Chairman appoint a committee of one to represent Oakland County and attend the Seventh District Michigan Association of Supervisors Legislative Committee meetings. 2 A resolution adopted by the Ingham County Board of Supervisors concerning amendments to the rules of the Michigan Supreme Court, specifically Section 785,4 (1) and (2), was submitted to this Board on September 21, 1964, and was referred to your Legislative Committee. Said new court rules pertain to appeal of criminal matters. (1) Right to Timely Appeal. If defendant is financially unable to provide counsel to perfect such appeal, the court will appoint counsel for him and will furnish counsel with such portions of the trial transcript counsel requires to prepare post conviction motions and to perfect an appeal. (2) Delayed Appeal Upon defendant's request, if defendant is indigent, the trial court in which defendant was convicted shall appoint counsel for him and shall furnish such portions of the trial transcript counsel so appointed requires to prepare delayed motions for post conviction proceedings in the trial court and to prepare an application for leave to take delayed appeal. The Ingham County resolution states that all comparative estimates indicate that great, unexpected, and unallocated sums will be required to be spent forthwith to meet the manclale of this rule on the part of every county in the State of Michigan, and further, invites the participation of all other Boards of Supervisors in the State of Michigan in an endeavor to meet with the Michigan Supreme Court to discuss with them the multitude of ramifications attendant to this rule and to reconsider this matter. After due consideration, your Legislative Committee recommends to the Board of Supervisors that no concurrence be given to the Ingham County resolution regarding the new Appeal of Rights Law, and further, your Legislative Committee recommends that a study be initiated of a possible Public Defender system, such study to be made through the Legislative Committee. William L. Mainland Corti, Ingraham, Chairman Ver-irgrnfarc"--, Alexander C. Perinoff 76:Er-n S STa en 5 MR. CHAIRMAN, on behalf of the Legislative Committee, I move the adoption of the foregoing report and of the recommendations contained therein. LEGISLATIVE COMMITTEE DELOS HAM LIN CHAIRMAN ANTON J. GUYER COMMITTEE CLERK FRANK F. WEBBER CHAIRMAN PRO 7EM ctober 29, RETA ERFCKSON ASSISTANT COMMITTEE CLERK and: -; 4. Air. cra-t-ir rAn I )110 r t:f. 10E' re. onc. cr C $toPF, tr.rf '± +1' I BOARD OF SUPERVISORS COUNTY OF OAKLAND, MICHIGAN OAKLAND COUNTY COURT HOUSE 1200 NORTH TELEGRAPH ROAD PONTIAC, MICHIGAN 48053 PHONE 33B-4751 rtE,J0 iy E;4°Ai of En4;1. cc: Julia Maddock,- Same letter sent to Boards of Supervisors of Berrien, Gratiot, Sanilac and Van Buren Counties. r h JAIMAN II COUNTY CORPORA. iON COUNSEL OAKLAND COUNTY COURT HOUSE t ZOO NORTH TELEGRAPH ROAD PONTIAC. MICHIGAN 419053 335-4781 ROBERT P. ALLEN cORPoRATION COUNSEL HAYWARD WHITLOCK crr ASSISTANT CHARLES J. LONG StratOR Asssi5TANT ALICE TREADWELL ScCRETAIrr September 28, 1964 TO: TYGISLATIVE COMMITTEE IN RE: Resolution of various county boards of supervisors relative to new court rules on appeal of criminal matters. • The rule in question is 785.4 (1 & 2) which, for the Committee's - consideration, is hereinafter set forth: "(1) Right to Timely Appeal. Hereafter, immediately upon sen- tenencing, the court shall advise the defendant in open court that he is entitled as a matter of constitutional right to ap- pellate review of his conviction and -that, if defendant is financially unable to provide counsel to perfect such appeal, the court will appoint counsel for him and will furnish counsel with such portions of the trial transcript counsel requires to prepare postconviction motions and to perfect an appeal. The court shall further advise defendant that such request for the assistance of counsel must be made within 60 days on a form to be given to defendant by the court. Proceedings hereunder shall be stenographically recorded and a transcript thereof promptly made and filed with the clerk of the trial court as a part of the record of the case." 11 (2) Delayed Appeal. In all other criminal cases, application for leave to take delayed appeal may be filed pursuant to the provisions of Rule 806. Upon defendant's request, if defendant Is indigent, the trial court in which defendant was convicted shall appoint counsel for him and shall furnish such portions of the trial transcript counsel so appointed requires to pre- pare delayed motions for postconviction proceedings in the trial court and to prepare an application for leave to take delayed appeal. Requests for appointment of appellate counsel shall be in writing and accompanied by an affidavit of indigency setting forth the foots upon which defendant relies for support of his claim that he is too poor to employ counsel. Such written re- quest and affidavit shall be filed in the trial court and a copy thereof shall be nerved upon the prosecuting attorney of the county in wNLch the trial court Is locacod, counsel shall be appointed by the trial count, if after hearing, the defendant is found to be indigent or if the prosecuting attorney does not file objections within 30 days of service upon him of defendant's request and affidFvit of indiseroy. Appeal fees shall be waived for indigent defendants for whom appellate counsel has been appointed by the court. 42,11111111111E1011111111111 IINSKEiZOSSIMOISAR3 OAKLAND COUNTY PORATION COUNSEL This rule was promulgated by the Michigan Supreme Court and is based in part upon Article 1, Section 20 of the 1963 Michigan Constitution. Section 20 is hereinafter set forth: "In every criminal prosecution, the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than 12 jurors in all courts not of record; to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to have the assistance of counsel for his defense; to have an appeal as a matter of right; and in courts of record, when the trial court so orders, to have such reasonable assistance as may be necessary to per- fect and prosecute an appeal." The necessity for the Rule was further caused by two opinions of the United States Supreme Court. In Gideon vs. Wainwright, 372 U.S. 335, 1963, the Court held that Indigent persons in order to have a fair trial pursuant to the provisions of Article XIV of the United States Constitution were entitled to counsel and that failure of a state to provide counsel for such indigent persons would nullify any con- viction obtained against the person. Further, in Douglas vs. California, 372 U.S. 353, 1963, the United States Supremo Court went even further and stated that the state was responsible to provide the accused with all the tools necessary for a proper appeal. This, we believe, moans, if necessary, the transcript or partial transcript of the accused hearings. Based on the two cases and on the Federal and Michigan Constitutions, it appears to us that the Michigan Supreme Court had no alternative but to enact Rule 785.4 (1 & 2), otherwise we believe that any indigent accused tried in a Michigan Court without counsel provided by the county or the transcript or transcripts provided by the county that any conviction obtained against any such accuseds would be a nullity in view of the two United States Supreme Court decisions. In our discussion with Mr. Ingraham, we agreed that rather than attempt to previl upon the Michigan Supremo Court to change or rescind its rule that an effort be made for the legislature to ralmurne the counties for exp enses of appeals by indigent accused. Very truly yours, mipw‘4•111 (9AW44( apAicic hobert P. Pale 1111==MMOIMM fammdmamMmm , m======m se.—.2=Elosmasso