APPELLATE DEFENDER ACT
Act 620 of 1978
780.716 Appellate defender; duties generally.
Sec. 6.
The appellate defender shall do all of the following:
(a) Conduct an appeal of a felony conviction or conduct other postconviction remedies on behalf of an indigent adult for whom the appellate defender is assigned as attorney.
(b) Conduct an appeal of an order or conduct other appropriate postdisposition remedies on behalf of an indigent youth for whom the appellate defender is assigned as attorney.
(c) Provide investigatory and other services necessary for a complete appellate review or appropriate postconviction or postdisposition remedy, as applicable.
(d) Accept only that number of assignments and maintain a caseload which will ensure quality appellate defense services for indigent adults and youth consistent with the funds appropriated by the state. However, the number of cases assigned to the appellate defender office must not be less than 25% of the total appellate defense cases for indigent adults and youth pending before the appellate courts of this state.
(e) Maintain a repository of briefs prepared by the appellate defender and make those briefs available to private attorneys providing appellate defense services for indigent adults and youth.
(f) Perform other duties required by law as directed by the commission.
History: 1978, Act 620, Imd. Eff. Jan. 6, 1979 ;-- Am. 2023, Act 299, Eff. Oct. 1, 2024
Notes of Decisions
Frederick v. Presque Isle Cnty. Circuit Judge, 476 N.W.2d 142 (Mich. 1991).
· cites it 6× “Until the state moves to meet its own solemn commitment to provide statewide funding for major portions of our system of justice, the counties will be left to continue bearing this particular expense.”
People v. Bulger, 614 N.W.2d 103 (Mich. 2000).
“See MCL 780.716; MSA 28.1114(106). The remaining cases are assigned to private attorneys by means of a roster system administered by the Michigan Appellate Assigned Counsel System (MAACS).”
People of Michigan v. Daniel Jay Weaver (Mich. Ct. App. 2025).
“Following this merger, the appellate defense commission is “responsible for enacting regulations to govern the MAACS roster and the selection of felony appellate assigned counsel, including SADO’s appropriate share of appellate appointments under MCL 780.716(c).” Administrative…”
— Mich. Comp. Laws § 780.716(c) — 2 cases
Frederick v. Presque Isle Cnty. Circuit Judge, 476 N.W.2d 142 (Mich. 1991).
“Until the state moves to meet its own solemn commitment to provide statewide funding for major portions of our system of justice, the counties will be left to continue bearing this particular expense.”
People of Michigan v. Daniel Jay Weaver (Mich. Ct. App. 2025).
“Following this merger, the appellate defense commission is “responsible for enacting regulations to govern the MAACS roster and the selection of felony appellate assigned counsel, including SADO’s appropriate share of appellate appointments under MCL 780.716(c).” Administrative…”
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