Opinion
99-42
December 21, 2000.
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendments of Rule 6.610 of the Michigan Court Rules are adopted, to be effective April 1, 2001.
[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 93 days in jail;
(b a) the offense charged requires on conviction a minimum term in jail,; or
(c b) 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 more than 93 days in jail,
(b a) the offense charged requires on conviction a minimum term in jailsentence, or
(c b) the court determines makes a determination that it might sentence 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 who is entitled to appointed counsel is represented by an attorney or he or she waives the right to an appointed attorney.
(3) — (8) [Unchanged.]
(F) — (H) [Unchanged.]
Staff Comment: The December 21, 2000 amendment of subrules (D)(2) and (E)(2), effective April 1, 2001, was recommended by the Prosecuting Attorneys Association of Michigan, in light of the holding in People v Reichenbach, 459 Mich. 109, 120 (1998), that, under both the United States and the Michigan Constitutions, a defendant accused of a misdemeanor is entitled to appointed trial counsel only if "actually imprisoned."
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.