Michigan House Bill HB4631

Michigan 2023-2024 Regular Session

• Introduced: 5/23/23
• Refer: 5/23/23
• Report Pass: 9/26/23

Caption

Courts: other; duties of the appellate defender; include requirement to defend youth. Amends title & secs. 2, 4, 6 & 7 of 1978 PA 620 (MCL 780.712 et seq.) & adds secs. 1a & 8a.

Impact

If passed, HB4631 is expected to significantly impact the way appellate defense is structured and funded in Michigan. It mandates that no less than 25% of all criminal defense appellate cases for indigents must be assigned to the appellate defender's office, which aims to enhance both the quality of representation and the accountability of legal services provided to indigent defendants. Additionally, the bill proposes state reimbursement to local indigent defense systems for these services, thereby seeking to alleviate the financial burden on local governments that support trial courts.

Summary

House Bill 4631 aims to amend the Appellate Defender Act of 1978 in Michigan, focusing on enhancing the legal representation of indigent individuals—both adults and youth—within the appellate system. The bill proposes the establishment of an appellate defender commission tasked with overseeing the provision of appellate defense services, ensuring that individuals unable to afford legal representation have access to adequate defense during appeals. The bill applies specifically to criminal defendants, thereby refining the scope and duties of the appointed defense attorneys within the appellate context.

Contention

The bill contains provisions that may provoke discussion around potential resource allocation and guarantees for the quality of defense provided. Notably, the bill highlights the importance of having appropriately trained attorneys by stipulating that both the appellate defender and any appointed assistants must be licensed attorneys. However, the requirement for reimbursement from the state and the establishment of standards for indigent defense services may lead to debates on funding priorities and the efficacy of the support structures set up for ensuring justice for indigent defendants.