ADMINISTRATIVE ORDER 2003-04

Plan for Appointment of Counsel for Indigent Parties

Effective January 1, 2004

This administrative order is issued in accordance with MCR 8.123, effective January 1, 2004. The purpose of this order is to establish a procedure for selection, appointment, and compensation of counsel who represent indigent parties in the 24th District Court charged with misdemeanor offenses, to identify records maintained by the court and outline how those records will be made available to the public.

        1.    Selection Criteria and Procedure

 

   a. Attorneys are selected to the House Counsel Program upon the filing of a letter of request, a resume' with references, and an appearance during the open enrollment period.
      
   b.  Minimum standards and qualifications required to receive an appointment to represent indigent parties are as follows:
 
 1)  a license to practice law in the state of Michigan, and
 
 2) a minimum of one and one-half (1.5) years' criminal law experience, which may include internships, and
 
 3) must carry a minimum of $1,000,000 in professional liability insurance.  Must carry worker's compensation insurance with the State of Michigan minimum statutory limits, or sign a sole proprietor form with the Court.
 
 c. Each Judge of the 24th District Court, with participation from the Court Recorders/Secretaries, shall meet to review and evaluate the House Counsel Program participants annually.  The evaluation shall be conducted for determining future participation in the program and based on a review of the following:
 
 1) legal knowledge and skill
 
 2) competence,
 
 3) diligence and promptness.
 
 d. Attorneys may be removed from the list any time during the calendar year upon the recommendation of either Judge or the Court Administrator by final order of the Chief Judge for the following:
 
 1) violation or attempting to violate the Michigan Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the act of another;
 
 2) failure to appear on scheduled house counsel dates and/or habitual tardiness without just cause,
 
 3) poor performance evaluation
 
 e. The Court Administrator shall be responsible for the administration and selection of the appointed House Counsel Program during the open enrollment period, which includes the following:
 
 1) accepting and reviewing resumes and requests,
 
 2) contacting listed references for verification,
 
 3) coordinating and compiling the master list of attorneys meeting the qualifications listed, and
 
 4) distributing the master list to each Judicial Secretary/Court Recorder.
 
 f. Each Judicial Secretary/Court Recorder shall then be responsible for the scheduling of House Counsel Program attorneys based on the following:
 
 1) the availability of the next attorney listed,
 
 2) the Judge's appropriate House Counsel Program docket dates and times, and
 
 3) the master list provided by the Court Administrator

 

        2.    Appointment to the House Counsel Program Process

 a. Attorneys are appointed to the House Counsel Program list by submitting a letter of request, resume' with references, appearance, liability insurance certificate, and worker's compensation certificate during the open enrollment period.
 
 b. The open enrollment period is from October 1 through November 30 of each calendar year.  The open enrollment period for the 2004 calendar year shall commence upon the approval of this Administrative Order by the State Court Administrative Office.
 
 c. The open enrollment period, qualifications and requirements for the House Counsel Program shall be prominently posted in the court's lobby, each jury room and in the Legal News.
 
 d. Attorneys meeting the minimum qualifications and submitting the specified documentation will be placed on the House Counsel Program master list for the next calendar year.

 

        3.    Compensation

 

 a. Attorneys appointed to the House Counsel Program to represent indigent defendants will be compensated at an hourly rate.
 
 b. Attorneys appointed to represent indigent defendants for a jury trial proceeding will be compensated a flat rate.
 
 c. Requests for compensation may be submitted the date services are rendered or by mail.  Payments shall be approved by the Court Administrator and shall be paid within two weeks of submitting the request for payment.

 

        4.    Maintenance of Records and Availability to the Public

 

 a. The court shall maintain and compile the records according to the following:
 
 1) The number of appointments given to each attorney by the court shall be compiled monthly according to the number of appointments submitted to the Court Administrator by each Judicial Secretary/Court Recorder.
 
 2) The number of appointments to each attorney by each Judge of the court shall be maintained by the Judicial Secretary/Court Reorder, and the total shall be submitted to the Court Administrator monthly.
 
 3) The total amount of public funds paid to each attorney by the court shall be compiled and submitted by the Administrative Assistant to the Court Administrator monthly.  Payments for services rendered shall be remitted to the assigned House Counsel Program attorney monthly.
 
 4) The total amount of public funds paid to each attorney for assignment by each Judge of the court shall be totaled and updated monthly by the Court Administrator based on the reports submitted by the Judicial Secretary/Court Recorder and the Administrative Assistant.
 
 b. Pursuant to MCR 8.123 and 8.119, records shall be made available for inspection upon the written request of any member of the public, and shall be updated monthly.  Records shall be stored in a labeled binder at the front counter.  No fee shall be charged for public inspection.  The court's standard copy fee shall be assessed for all photo copy requests.
 
 c. Records shall be retained in accordance witth the State Court Administrative Office General Schedule (16) or its successors.