Opinion
99-33.
May 18, 1999.
Order entered May 18, 1999:
On order of the Court, this is to advise that the Court is considering amendments of Rules 6.610 and 7.103 of the Michigan Court Rules. Before determining whether the proposals should be adopted, changed before adoption, or rejected, this notice is given to afford any interested person the opportunity to comment on the form or the merits of the proposals. We welcome the views of all who wish to address the proposals or who wish to suggest alternatives.
As whenever this Court publishes an administrative proposal for comment, we emphasize that publication of these proposals does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposals in their present form.
[The present language would be amended as indicated below.]
Rule 6.610 Criminal Procedure Generally
(A) — (D) [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) — (6) [Unchanged.]
(7) The following provisions apply where a defendant seeks to challenge the plea.
(a) A defendant may not challenge a plea on appeal unless the defendant moved in the trial court to withdraw the plea for noncompliance with these rules. Such a motion may be made either before or after sentence has been imposed. After imposition of sentence, the defendant may file a motion to withdraw the plea within the time for filing an application for leave to appeal under MCR 7.103(B)(6). After the time for filing an application for leave, the defendant may seek relief in accordance with the procedure set forth in subchapter 6.500.
(b) — (c) [Unchanged.]
(8) [Unchanged.]
(F) — (G) [Unchanged.]
Rule 7.103 Application for Leave to Appeal
(A) [Unchanged.]
(B) Procedure.
(1) — (5) [Unchanged.]
(6) An application under subrule (A)(2) or an application that is not timely under subrule (B)(1), must be accompanied by an affidavit explaining the delay. The circuit court may consider the length of and the reasons for the delay in deciding whether to grant the application. Delayed applications may not be filed more that 12 months after entry of the order or judgment on the merits.
(C) [Unchanged.]
Staff Comment: The proposed amendment of MCR 6.610(E)(7) would establish time limits for seeking to withdraw pleas in district court criminal cases, comparable to those in circuit court cases. See MCR 6.311. The proposed amendment of MCR 7.103(B)(6) would place a 12-month time limit on applications for leave to appeal to the circuit court, corresponding to the similar limit applicable in appeals to the Court of Appeals. See MCR 7.205(F)(3). The proposals were published in conjunction with the decision in People v. Ward, 459 Mich. ___ (decided May 18, 1999).
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.
Publication of these proposals does not mean that the Court will issue an order on the subject, nor does it imply probable adoption in their present form. Timely comments will be substantively considered, and your assistance is appreciated by the Court.
A copy of this order will be given to the secretary of the State Bar and to the State Court Administrator so that they can make the notifications specified in MCR 1.201. Comments on this proposal may be sent to the Supreme Court clerk within 60 days after it is published in the Michigan Bar Journal. When filing a comment, please refer to our file No. 99-33.