Opinion
00-18.
June 29, 2000.
On order of the Court, this is to advise that the Court is considering a proposal to rescind Standard 11 of the Minimum Standards for Indigent Criminal Appellate Defense Services, as adopted by Administrative Order 1981-7. That Standard currently states:
When a defendant insists that a particular claim be raised on appeal against the advice of counsel, counsel shall inform the defendant that he or she has the right to present that claim to the appellate court in propria persona. Should the defendant choose to proceed in such manner, counsel shall provide procedural advice and such clerical assistance as may be required to conform the defendant's pleadings for acceptability to the court.
Before determining whether the proposal 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 proposal. We welcome the views of all who wish to address the proposal or who wish to suggest alternatives. Before adoption or rejection, this proposal will be considered at a public hearing by the Court. The Clerk of the Court will publish a schedule of future public hearings.
As whenever this Court publishes an administrative proposal for comment, we emphasize that publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
Staff Comment: The proposal would delete Standard 11 of the Minimum Standards for Indigent Criminal Appellate Defense Services, which was adopted as part of Administrative Order 1981-7, as arguably conflicting with the Court's recognition in People v Dennany, 445 Mich. 412, 442; 519 N.W.2d 128 (1994), a plurality opinion, that "a defendant has a constitutional entitlement to represent himself or to be represented by counsel — but not both." Dennany was endorsed by a majority of the Court in People v Adkins, 452 Mich. 702, 720; 551 N.W.2d 108 (1996).
In a separate order entered June 29, 2000, the Court has also published for comment a proposed amendment of MCR 7.212, which would place limits on the length of and time for filing Standard 11 briefs.
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 by October 1, 2000. When filing a comment, please refer to our file No. 00-18.