Mich. Comp. Laws » Michigan Compiled Laws / Chapter 775 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 775.16 (2026)

Appointment of counsel under Michigan indigent defense commission act.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


775.16 Appointment of counsel under Michigan indigent defense commission act.

Sec. 16.

    When a person charged with having committed a crime appears before a magistrate without counsel, the person shall be advised of his or her right to have counsel appointed. If the person states that he or she is unable to procure counsel, the magistrate shall appoint counsel, if the person is eligible for appointed counsel under the Michigan indigent defense commission act.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17486 ;-- CL 1948, 775.16 ;-- Am. 1957, Act 256, Eff. Sept. 27, 1957 ;-- Am. 1963, Act 132, Eff. Sept. 6, 1963 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981 ;-- Am. 2013, Act 94, Imd. Eff. July 1, 2013

FormerLaw Notes:

    See section 1 of Act 109 of 1857, being CL 1857, § 5675; CL 1871, § 7471; How., § 9046; CL 1897, § 12018; CL 1915, § 15912; Act 96 of 1893; and Act 23 of 1911.

Notes of Decisions
Cited in 52 cases (2 in the last 5 years), 1965–2026 · leading case: Recorder's Court Bar Ass'n v. Wayne Circuit Court, 503 N.W.2d 885 (Mich. 1993).
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Recorder's Court Bar Ass'n v. Wayne Circuit Court, 503 N.W.2d 885 (Mich. 1993). · cites it 29× “We are asked in this case to determine whether the assigned counsel compensation system currently utilized in the Wayne Circuit Court [1] and the Detroit Recorder's Court provides counsel assigned to represent indigent defendants "reasonable compensation" within the meaning of…”
Frederick v. Presque Isle Cnty. Circuit Judge, 476 N.W.2d 142 (Mich. 1991). · cites it 30× “1231), and fees for attorneys appointed by the court to defend persons who cannot procure counsel for themselves ([MCL 775.16] MSA 28.1253). [OAG, 1967-1968, No 4,588, pp 49, 50 (June 12, 1967).”
Duncan v. State, 774 N.W.2d 89 (Mich. Ct. App. 2009). · cites it 12× “PROPER PARTIES TO THE LITIGATION Defendants argue that the action should have been filed against the judiciary and the counties that administer the indigent criminal defense systems. The trial court found that even though defendants have essentially delegated their…”
In re Foster Attorney Fees, 894 N.W.2d 718 (Mich. Ct. App. 2016). · cites it 4× “However, in Recorder’s Court Bar Ass’n , our Supreme Court, while noting that the validity and accuracy of this common-law rule was not without challenge, recognized that MCL 775.16 provides a statutory right to reasonable compensation for those attorneys appointed to represent…”
People v. Pickens, 521 N.W.2d 797 (Mich. 1994). · cites it 2× “[30] MCL 775.16; MSA 28.1253. [31] As Anthony Lewis observed after the Gideon decision: It will be an enormous social task to bring to life the dream of Gideon v Wainwright — the dream of a vast, diverse country in which every man charged with crime will be capably defended, no…”
People v. Mallory, 147 N.W.2d 66 (Mich. 1967). · cites it 8× “Now if all the courts of this country are to be bound by any such extension, it would appear more appropriate that the extension be announced first by the Supreme Court; not by a hopelessly divided State Court the past and as yet unassailed decisions of which, consistent as they…”
People v. Loyer, 425 N.W.2d 714 (Mich. Ct. App. 1988). · cites it 4× “The clear legislative forerunner for MCL 775.16; MSA 28.”
People v. Reichenbach, 587 N.W.2d 1 (Mich. 1998). · cites it 2× “The 1963 version of the same law extended the right to both felonies and misdemeanors, but only to those offenses "not cognizable by a justice of the peace or magistrate.”
Vaughn Mitchell v. Duncan MacLaren, 933 F.3d 526 (6th Cir. 2019). “Mich. Comp. Laws § 775.16 . Regardless, we assume for the purposes of our analysis that Collins did not accurately describe the availability of an attorney in the jurisdiction where Mitchell was interrogated.”
Mayor of Detroit v. State, 579 N.W.2d 378 (Mich. Ct. App. 1998). · cites it 2× “§ 775.16] M.S.A. § 28.1253)." [OAG, 1967-1968, No.”
People v. Nard, 260 N.W.2d 98 (Mich. Ct. App. 1977). · cites it 2× “The request for attorney fees was denied, however, the court ordered that all necessary advances for lay and expert witness fees, costs of transcripts, and investigative costs be paid by the county. The sum of $788.30 was paid pursuant to the trial judge’s direction.”
Jensen v. Menominee Circuit Judge, 170 N.W.2d 836 (Mich. 1969). · cites it 4× “Rhay (1967), 389 US 128 ( 88 S Ct 254 , 19 L Ed 2d 336 ); Const 1963, art 1, § 20; MCLA § 775.16 (Stat Ann 1969 Cum Supp § 28.”
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