99-39 Amendment of Rule 6.610 of the Michigan Court Rules

Michigan Court of Appeals.
July 20, 1999.

On order of the Court, the need for immediate action having been found, the notice requirements of MCR 1.201 were dispensed with and the following amendment to Rule 6.610 of the Michigan Court Rules is adopted, to be effective October 1, 1999.

[The present language is amended as indicated below.]Rule 6.610 Criminal Procedure Generally
(A) — (C) [Unchanged.]

(D) Arraignment; District Court Offenses.

(1) [Unchanged.]

(2) An indigent defendant has a right to an appointed attorney whenever

(a) the offense charged is punishable by more than 92 93 days in jail;

(b) the offense charged requires on conviction a minimum term in jail; or

(c) the court determines that it might sentence the defendant to jail.

If an indigent defendant is without an attorney and has not waived the right to an appointed attorney, the court may not sentence the defendant to jail.

(3) — (4) [Unchanged.]

(E) Pleas of Guilty and No Contest. Before accepting a plea of guilty or no contest the court shall in all cases comply with this rule.

(1) [Unchanged.]

(2) The court shall inform the defendant of the right to the assistance of an attorney. If

(a) the offense charged is punishable by over 92 more than 93 days in jail,

(b) the offense charged requires a minimum jail sentence, or

(c) the court makes a determination that it may send the defendant to jail,

the court shall inform the defendant that if the defendant is indigent he or she has the right to an appointed attorney.

A subsequent charge or sentence may not be enhanced because of this conviction unless a defendant is represented by an attorney or he or she waives the right to an appointed attorney.

(3) — (8) [Unchanged.]

(F) — (G) [Unchanged.]

Staff Comment: The July 1999 amendment of subrules (D) and (E), effective October 1, 1999, was based on a recommendation from the Prosecuting Attorneys Association of Michigan, in light of statutory changes effected by 1998 PA 341, 1998 PA 342, and 1998 PA 350.

The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.