STATE OF MICHIGAN IN THE SUPREME COURT

IN RE: WAYNE COUNTY CRIMINAL DEFENSE BAR ASSGcZL$TION, and ) THE C ~ ~ I N A L D E F E ~ S E ATTORNEYS OF MICHIGAN. ) Case No.

Plaintiffs, 1 1

COMPLAINT FOR WRIT OF SUPERINTENDING CONTROL

A civil action between these parties or other parties arising out of similar transactions or occurrences alleged in this complaint has been previously filed in this Court, where it was given docket nos. 68204, 70647, and 86099. These actions are no longer pending

Brian D. Sieve Michael B. Slade Kirkland & Ellis 200 East Randolph Drive Chicago, IL 60601 (3 12-861 -2000)

Bellanca, Beattie, and DeLisle P.C. 20480 Vernier Road Harper Woods, MI 48225 (313-882-1 100)

Attorneys for Plaintiffs

STATE OF MICHIGAN IN THE SUPREME COURT

IN RE: WAYNE COUNTY CRIMINAL 1 DEFENSE BAR ASSOCIATION, and ) THE CRIMINAL DEFENSE ATTORNEYS ) OF MICHIGAN. ) Case No.

) Plaintiffs, )

)

COMPLAINT FOR WRIT OF SUPERINTENDING CONTROL

A civil action between these parties or other parties arising out of similar transactions or occurrences alleged in this complaint has been previously filed in this Court, where it was given docket nos. 68204,70647, and 86099. These actions are no longer pending

- Brian D. Sieve Michael B. Slade Bellanca, Beattie, and DeLisle P.C. Kirkland & Ellis 20480 Vernier Road 200 East Randolph Drive Harper Woods, MI 48225 Chicago, IL 60601 (313-882-1 100) (3 12-861 -2000)

Attorneys for Plaintiffs

Plaintiffs, through their attorneys KIRKLAND & ELLIS and BELLANCA,

BEATTIE & DE LISLE, P.C., bring this original action before the Supreme Court, seeking a

Writ of Superintending Control. In support of that request, Plaintiffs assert as follows:

I. Nature of the Action

1. This is an action pursuant to MCR 3.302 and 7.304, seeking a writ of

superintending control to the Chief Judges of the Wayne County Circuit Court ordering them to

enact a fee schedule that provides increased legal fees for counsel appointed to represent indigent

criminal defendants. Specifically, Plaintiffs request that this Court order the Chief Judges to (a)

vacate the fee schedule currently in place in Wayne County; (b) vacate the June 25,2001

Administrative Order decreasing all fees paid by 10%; (c) implement a fee schedule either: (1)

setting compensation for attorneys appointed to defend indigents at an hourly rate of $90; (2)

consisting of the event-based "Jobes Plan," a fee schedule approved by the special master

appointed by this Court in 1993, as adjusted for inflation; or (3) consisting of the more detailed

event-based schedule proposed by the WCCBDA, which one Chief Judge has admitted

constitutes reasonable compensation for services performed; (d) mandate that the Chief Judge

include a provision in each fee schedule for future increases to account for inflation; and (e)

mandate that appointed counsel be paid within a reasonable time, not more than thirty days, of

rendering their services.

2. Under MCL 775.16, compensation for counsel appointed to represent

indigent criminal defendants must be "reasonable compensation for the services performed."

Enforcing this statutory requirement in the past, this Court has mandated that counsel for

indigent criminal defendants be paid reasonable fees. In violation of both the Michigan

legislature and this Court's ruling in In the Matter of the Recorder's Court Bar Ass 'n, 443 Mich.

110 (1993), the Chief Judges of Wayne County Circuit Court issued Administrative Order 1998-

03 (see Exhibit I), which provides fees that are unreasonably low by any definition. In further

violation of Michigan law, on June 25, 2001 the Chief Judges instituted a mandatory 10%

across-the-board reduction for all fees paid. (See Exhibit 2) The Chief Judges7 June 25, 2001

Order exacerbated an already unbearable situation for attorneys and clients alike. Through their

conduct, the Chief Judges have abdicated the clear legal duty placed upon them by MCL 775.16.

11. Parties

3. The Wayne County Criminal Defense Bar Association ("WCCDBA"),

formerly known as the Recorder's Court Bar Association ("RCBA"), is a non-profit, voluntary

association of lawyers who accept assignments in the criminal courts of Wayne County. Many

members of WCCDBA accept appointments under the fee schedule enacted by the Chief Judge.

These WCCDBA members are personally affected by the fee schedule.

4. The Criminal Defense Attorneys of Michigan ("CDAM") is a non-profit

Michigan corporation, whose members or employees are appointed to represent indigent

defendants in criminal actions pending before the Wayne County Circuit Court. Many members

of CDAM accept appointments under the fee schedule enacted by the Chief Judge. These

CDAM members are personally affected by the fee schedules.

5 . The Defendants in this action are the Chief Judges of Wayne County

Circuit Court, who have the authority and the duty under Michigan law to set the fees for

attorneys appointed to represent indigents in felony cases. Under Michigan state law, Wayne

County has a duty to pay whatever fees the Chief Judges authorize as "reasonable compensation

for services performed."

111. Jurisdiction

6. Pursuant to MCR 3.302 and 7.304, this Court has original jurisdiction over

a complaint seeking a writ of superintending control over lower courts. Under those provisions,

this Court has heard previous challenges to the reasonableness of a Chief Judge's Order

establishing attorney fees for appointed counsel in indigent felony cases. See, e.g., In the Matter

of the Recorder's Court Bar Ass 'n, 443 Mich. 110 (1993).

7. Under MCR 3.302, this Court has the power to issue writs of

superintending control over lower courts if those courts are violating clear legal duties, and if

Plaintiffs have no adequate legal remedies other than the writ sought.

8. Through enforcement of Administrative Order 1998-03 (Ex. I), which

governs "Assigned Counsel Fees For Criminal Division Cases," and through their June 25, 2001

declaration of an across-the-board 10% fee reduction, the Chief Judges have violated the clear

legal duty imposed upon them by MCL 775.16.

9. Plaintiffs have no adequate legal remedy to challenge the administrative

actions of the Chief Judges other than a complaint seeking a writ of superintending control.

IV. Background Facts

A. The History Of Litigation Over Statutorily Mandated "Reasonable" Fees In Wayne County.

10. Michigan law requiring the payment of fees to appointed criminal defense

counsel predates Gideon v. Wainright, 372 U.S. 335 (1963). Since 1893, Michigan statutes have

specifically mandated that payments to appointed counsel be "reasonable compensation for the

services performed." MCL 775.16

11. In or about 1967, the Wayne County Circuit Court instituted a schedule of

fees to be paid to appointed criminal defense counsel, attached as Exhibit 3. The Recorder's

Court instituted a schedule in 1970, attached as Exhibit 4. The Wayne County schedule was

amended in 197 1, and the amended schedule is attached as Exhibit 5.

12. From 1967 through 198 1, counsel appointed to represent indigent criminal

defendants brought before the Wayne County Circuit Court and the Recorder's Court for the City

of Detroit were paid in accordance with Exhibits 3, 4, and 5. During that fourteen pear period,

while payments to appointed criminal defense counsel remained the same, inflation increased the

cost of living (and doing business) by a factor of three.

13. In 1981, some of the Plaintiffs in this action, along with other plaintiffs,

brought a complaint for superintending control against the Chief Judges of the Wayne County

Circuit Court and the Recorder's Court, seeking an order imposing reasonable fees and setting

aside the 1967 fee schedules. As a result of that complaint, the Chief Judges revised the

schedules and raised the fees consistent with the increase in the cost of living in Detroit. That

revision resulted in a new proposed fee schedule which is attached as Exhibit 6.

14. As a result of this new, proposed fee schedule, this Court dismissed the

1982 complaint for superintending control without prejudice. (Exhibit 7, Order of the Supreme

Court)

15. Before the 1982 fee schedule could be adopted, however, the Chief Judges

reduced the fees and unilaterally promulgated another fee schedule, which is attached to this

complaint as Exhibit 8.

16. Later in 1982, Wayne County, seeking to reduce further the fee schedule

implemented in 1967, also sought superintending control over the judges, but the Wayne County

complaint was dismissed without prejudice. This Court's Order dismissing the Wayne County

1982 complaint is attached as Exhibit 9.

17. Shortly after the Wayne County complaint for superintending control was

dismissed, the Chief Judges of the Recorder's Court and the Wayne County Circuit Court

enacted a new, revised fee schedule that gradually increased fees in the Wayne County Circuit

Court and Recorder's Court. (See Exhibit 10)

18. Shortly after an increased fee schedule was implemented in 1984, as

required by Exhibit 10, the Chief Judge of the Recorder's Court for the City of Detroit, acting as

Executive Chief Judge for both the Recorder's Court and the Wayne County Circuit Court,

unilaterally reduced those fees by issuing an administrative order. (Exhibit 11) The new

administrative order, which took effect in 1985, set the trial fees back to the same rate they had

been in 1967 in capital cases.

1.9. On July 1, 1988, the Chief Judges of the Recorder's Court and the Wayne

County Circuit Court changed the fees again, this time mandating that "flat fees" be paid in

every case. (Exhibit 12) Under that schedule, the fee an attorney received would not vary in any

given case regardless of the volume or complexity of the work performed. Rather, the attorney's

compensation was dependent only on the maximum penalty faced by the defendant.

20. In 1989, some of the plaintiffs in this action, and other plaintiffs, filed

another complaint for superintending control in this Court, asking that the "flat fee" schedule be

set aside and that reasonable fees be established by this Court. See In the Matter of the

Recorder 's Court Bar Association, 443 Mich. 1 10 (1 993).

21. This Court issued an order appointing a Special Master, the Honorable

Tyrone Gillespie, to take testimony and make recommendations to the Court. The Special

Master issued a report and recommendation suggesting that the flat fee schedule be set aside and

that a new schedule be put into place. The schedule recommended by the Special Master

consisted of either payment by the hour at $75.00 an hour, or enactment of the 1982 event-based

fee schedule, adjusted upward for inflation. (See excerpts from Report of Special Master Tyrone

Gillespie, attached to the Memorandum in Support of this Complaint as Exhibit 3).

22. After receiving the Special Master's Report, this Court ordered the case

briefed and argued before the full Court. On August 3, 1993, this Court issued its opinion in In

the Matter of the Recorder's Court Bar Association, 443 Mich. 110 (1993). In that opinion, this

Court held that, among other things: (a) the 1988 flat fee schedule did not provide reasonable

fees; (b) a fee is not "reasonable" as required by statute merely because attorneys are available

to take cases at that rate; (c) the availability of a procedure to petition for increased fees on an

individualized basis did not mitigate against the unreasonableness of the fee schedule; and (d)

the Circuit Court should establish another fee schedule that complies with the reasonable fee

statute.

23. In 1994, after this Court's decision in In the Matter of the Recorder's

Court Bar Association, the Wayne County Circuit Court and Recorder's Court established a new

fee schedule, which was apparently not formalized by Administrative Order until 1998. (See

Exhibit 1) The new fee schedule established graduated, event-based fees dependent on the

seriousness of the offense. This fee schedule, unfortunately, set fees for the defense of some

cases that were even lower than the 1967 fee schedule.

B. The Current Crisis

24. The fee schedule currently in place, Administrative Order 1998-03, is

attached as Exhibit 1. Administrative Order 1998-03 is essentially the fee schedule put in place

after this Court's decision in In the Matter of the Recorder's Court Bar Association, with some

minor adjustments.

25. On June 25, 2001, the fees were unilaterally reduced by 10% by an

administrative action of the Chief Judges. The only rationale given for this unilateral 10%

reduction was budget considerations.

26. Fees now being paid pursuant to Administrative Order 1998-03, especially

in light of the 10% reduction, defy the legislature's and this Court's mandate that fees be

"reasonable compensation for services performed." For example:

(A) An attorney can be paid as little as $54 to handle a motion,

regardless of its complexity, and regardless of the time necessary

to investigate, draft, and argue that motion.

(B) The fees paid for investigation and preparation of a defendant's

case are not dependent on the time necessary for such work, but

rather on the prospective sentence of the defendant. Further,

regardless of the time and effort necessary to complete such

investigation and preparation, an attorney representing a defendant

facing a prospective natural life sentence (cases for which

investigation and preparation can take hundreds of hours) can

receive a maximum of $225.

(C) The fee schedule allows payment for only one visit (at a meager

$45) to a prisoner in jail, regardless of the need for lengthy

interviews, the oft-enforced restrictions on access to clients, and

whether the case requires multiple meetings with a client.

(D) The fee schedule sets payment for trial fees in some cases as low

as $108 per day, and attorneys earning that sum sometimes spend

ten hours in court to earn that fee.

27. These fee constraints create inherent ethical and financial problems for

appointed counsel. Simply put, many appointed counsel cannot afford to spend significant time

defending clients if they will not be paid for their time. Moreover, the fee schedule by its very

nature forces appointed counsel to make difficult, and often unfair, resource allocation decisions;

counsel must select which projects to perform and how much time to spend on any particular

project.

28. While attorneys are able to petition the Chief Judges for "extraordinary

fees" on an individualized basis, this procedure does not remedy the fact that the current fee

schedule is "unreasonable" under any meaningful definition. The petition process required to

seek extraordinary fees alone deters attorneys from seeking them. Moreover, many of Plaintiffs7

members are hesitant to file the necessary petitions because such petitions would likely prove

futile and might negatively affect their abilities to receive future appointments. On those rare

occasions in which the Chief Judges grant petitions for "extraordinary fees," the fees granted are

still unreasonable, rarely exceeding $25/hour.

29. Additionally, this Court has previously held that the possibility of

attorneys petitioning for "extraordinary fees" on an individualized basis does not solve the

problem Plaintiffs here seek to remedy. See In re Recorder's Court Bar Ass 'n, 443 Mich. at 135

("[Tlhe extraordinary fee mechanism fails to provide an adequate legal remedy to cure the

systematic unreasonableness of the current compensation system.").

30. Apart from being unreasonable in amount and unrelated to the time spent

to complete the tasks for which payment is rendered, in many instances payments from Wayne

County to attorneys are significantly delayed. Payment is regularly not received until five

months or more after rendering services.

C. Plaintiffs' Attempts To Alleviate The Problem.

31. Since the early 1980s, Plaintiffs and others have attempted to alleviate this

payments to appointed counsel through negotiation and, when necessary, litigation. Shortly after

the illegal 10% across-the-board fee slash due solely to budget considerations, Plaintiffs and

others sought the assistance of the Chief Judges, as well as others, to remedy their ills.

32. In the Spring of 2002, Plaintiffs began a series of negotiations with the

Chief Judges in an attempt to avoid the necessity of a lawsuit. The Chief Judges repeatedly

acknowledged the inadequacy of the current system and the fact that current fees paid appointed

counsel were not "reasonable compensation for services performed." WCCBDA presented the

Chief Judges with a concrete proposal, attached to this Complaint as Exhibit 13, which its

members believed provided "reasonable compensation for services performed." The Chief

Judges conceded that WCCBDAYs proposal (Exhibit 13) was reasonable. Yet the Chief Judges

refused to enter a new administrative order setting reasonable fees. Instead, the Chief Judges

cited their inability to provide reasonable compensation due to an inadequate budget.

33. On August 23,2002, representatives of Plaintiffs attended a hearing of the

Ways and Means Committee of the Wayne County Board of Commissioners. Chief Judge Mary

Beth Kelly, among others, also attended the hearing. During the hearing, Chief Judge Kelly

expressly acknowledged that the current fee schedule in Wayne County failed to provide

appointed attorneys with reasonable compensation for services performed. Chief Judge Kelly

further conceded that the specific proposal made by Plaintiffs (Exhibit 13) far more accurately

reflected the statutory demand of "reasonable compensation" than the current regime. Chief

Judge Kelly implored the County Commissioners to provide her with the necessary funding so

that she could enter an administrative order complying with the statutory mandate.

34. Despite these concessions and the sheer obviousness that the fee schedule

currently in place in Wayne County is illegal, the Chief Judges have failed to enact a schedule

compliant with the statutory mandate.

V. Violations Of Michigan Statutes

35. The fee schedule currently set by the Chief Judge in the Wayne County

Circuit Court violates MCL 5 775.16 for the following reasons:

(A) The compensation provided to attorneys under the fee schedule is

not reasonably related to the services the attorneys actually

perform. In particular, payments made are not based upon the time

spent to perform the task for which attorneys seek payment and

bear no relationship to the time necessary to perform the tasks for

which payment is made.

(B) The attorney fees set by the Wayne County fee schedule are less

than 15% of the customary and reasonable rate that attorneys

receive to defend criminal cases when they are retained by

defendants who can afford counsel.

(C) The fees set in Wayne County do not even cover appointed

counsel's overhead of his or her office, which includes secretarial

services, library, and other support services necessary for proper

legal representation.

(D) The fee schedule deprives indigents accused of felonies in Wayne

County of representation by experienced lawyers expert in criminal

defense who, because they will not receive reasonable

compensation as appointed counsel, engage themselves elsewhere

and refuse appointed criminal assignments. In general, the fee

schedule drives attorneys from appointed work because of their

low rates.

(E) The fees are per se unreasonable because: (1) some of the rates

provided for in this fee schedule are below the 1967 fee schedule;

and (2) most of the rates are below the 1982 fee schedule. Both

the 1967 and 1982 schedules are no longer reasonable because of

inflation and the rise in the cost of living in Wayne County.

(F) The fee schedule in practice operates to overcompensate some

attorneys as a result of their clients pleading guilty to the crimes

with which they are charged rather than forcing the prosecution to

prove its case at trial. Because of the fact that fees for pretrial

services are identical whether a case is pled or taken to trial, the

fees paid often bear no resemblance to work actually performed.

(G) The fee schedule operates as a virtual economic mandate that the

vast majority of cases be pled if an attorney accepting

appointments is to survive economically.

(H) The fee schedule operates in an entirely nonsensical manner by

providing the most compensation for the easiest and least

cumbersome work, while providing the least compensation for the

most difficult and time-consuming projects.

36. The unreasonable fee schedule violates MCR 8.1 10, which provides that

the Chief Judge is responsible for effecting compliance by the court with all applicable court

rules and provisions of the law.

VI. Constitutional Violations

37. The unreasonable fee system in place in Wayne County creates an

institutionalized method and system which results in criminal defendants receiving ineffective

assistance of counsel in a substantial number of cases. Moreover, by virtue of its effect on

attorneys' representation of indigent criminal defendants, the fee schedule operates to discourage

attorneys from enforcing their clients' Fourth, Fifth, Sixth, and Eighth Amendment rights.

Overall, the fee schedule and associated problems inherent in the Wayne County appointed

criminal defense system produces a systemic violation of the Sixth Amendment of the United

States Constitution and Article 1, Section 20 of the Michigan Constitution. See, e.g., Luckey v.

Harris, 860 F.2d 1012, 1017 (I 1 th Cir. 1988); State v. Smith, 681 P.2d. 1374, 1378 (Ariz. 1984)

(holding that the indigent defense system in place "so overworks attorneys that it violates the

right of a defendant to due process and the right to counsel as guaranteed by the Arizona and

United States Constitutions"); Makemson v. Martin County, 491 So.2d 1109 (Fla. 1986) (fee

schedule "interferes with the sixth amendment right to counsel"); State v. Peart, 621 So.2d 780

(La. 1993) (system itself unconstitutional because "indigent defendants . . . [are] generally not

provided with effective assistance of counsel where attorneys for indigent defendants must work

with excessive case loads and insufficient support"); Jewel v. Maynard, 383 S.E.2d 536, 543-46

(W.Va. 1989) (same).

VII. Relief Requested

38. In In the Matter of the Recorder's Court Bar Association, this Court

determined that the fee schedules in place at that time failed the statutory reasonableness

mandate, but the Court did not impose a particular system or fee schedule on the Wayne County

Circuit Court. The Court left it up to the Chief Judges to "develop for implementation . . . a

payment system that reasonably compensates assigned counsel for services performed consistent

with this opinion." Recorder's Court Bar, 143 Mich. at 118.

39. The Chief Judges' actions subsequent to this Court's decision in In the

Matter of the Recorder's Court Bar are typical of that which has occurred in the past: the Chief

Judges succumb to county budgetary concerns and fail to implement a plan for reasonable

compensation. This Court's past decision makes clear that such decisions are entirely

inappropriate and illegal.

40. Therefore, Plaintiffs respectfully request that the Court enter an Order

directing the Chief Judges of the Wayne County Circuit Court to:

(A) vacate the current fee schedule;

(B) vacate the June 25, 2001 Administrative Order mandating a 10%

across-the-board reduction in fees;

(C) implement a fee schedule either: (1) establishing payment at an

hourly rate of $90; (2) implementing the fee schedule of 1982,

adjusted for inflation, as recommended by the Special Master in

1993; or (3) utilizing the more detailed event-based schedule

proposed by the WCCBDA (Exhibit 13), which Defendants admit

provides reasonable compensation; and

(D) ensure prompt payment to attorneys accepting appointments in

indigent felony cases and direct that 30 days shall presumptively

constitute "prompt" payment.

41. If the Court has any doubt about the facts underlying the allegations in this

Complaint, Plaintiffs request that this Court appoint a Special Master to take testimony, review

evidence and make recommendations to this Court.

42. Plaintiffs also respectfully request that this Court issue such other writs

and orders as the court in good conscience believes are required by the Complaint in this case.

Respectfully submitted,

Brian D. Sieve Michael B. Slade KIRKLAND & ELLIS 200 East Randolph Drive Chicago, IL 60601

BELLANCA, BEATTIE and DE LISLE P.C. 20480 Vernier Rd Harper Woods, MI 48225

Attorneys for Plaintiffs

Dated: November 8,2002

CERTIFICATE OF SERVICE

I hereby certify that the foregoing COMPLAINT FOR WRIT OF SUPERINTENDING

CONTROL was served, November 12,2002, upon:

The Honorable Timothy Kenny Wayne County Circuit Court 1441 Saint Antoine Detroit, Michgan 48226 by hand delivery

Mr. Edward Ewell Chief Corporation Counsel Wayne County 600 Randolph, Suite 253 Detroit, Michigan 48206 by hand delivery

The Honorable Mary Beth Kelly Wayne County Circuit Court 701 Coleman A. Young Municipal Center Detroit, Michigan 48226 by hand delivery

Frank D. Eaman

WAYNE cuuRI I c m L u ~ l rum L- DIV - ISION PROPOSED A?TORNEY FEE SCHEDULE

EVENT SENTENCE (MONTHS)

7-1 34-120(+1 160-740(+1 LIFE MAXf+l - Pre Exam A01 Inves.&Prep Plea Motion Cal. Conf. Final Conf. Hearings,half day

80 80 80 100 (20) 100 (20) Hearings, full day

160 160 160 200 (40) 200 (40) ,Trial, half day

90 110 130 160 (10) 210 (20) Trial, full day

180 220 260 320 (20) 420 (40) Sentence 60 70 90 110 (10) 140 (10)

' Note:

Nota:

$50 increase for pre-exam Lvaiver program (nonupital) not included above.

Ail Adjourned Hearings - excapt those adjourned by Defense receive 115 event fee.

The following adjournments a r e considered not u w d by the defense: 1. Unavailability of defendant 2. ~navaiiability of the court. 3. Competency referrals requested by the defense.

(Under review)

For Release June 1 1,200 1

WAYNE COUNTY CIRCUIT COURT CHIEF JUDGE MICHAEL F. !;APALA

ADDRESSES COURT DEFICIT

Effective October 1, 1997, the Legislature abolished the Detroit Recorder': Court,

merging its judges, personnel and firnctions into the Wayne County Circuit Court. At the same

time, by legislative enactmem, the Family Division of the Circuit Court was created. The new

Wayne County Circuit Court was, and continues to be, located in six sites: the Cobman A Young

Municipal Center, the Penobscot Bdding, the Frank Murphy Hall of Justice, the Lincoln Hall of

Jusrice, the Juvenile Detention Facility, and the Westland Branch office.

The budget smce court reorganization has not kept pace with the level of finding required

for court operalions. The revenues needed by the Court to provide the necessary jc.dicial services

i%r the people of Detroit aad Wayne County have remained virtually &e same sinct: court

reorganization. Unhtunately, the expenditures required to mainrain appropriae, necessary and

reasonable services have continued to increase smce October of 1997. Unless and ~Lntil the County

of Wayne and the State of Michigan provide additional fundiry, the Court must rec!uce its

e q e d h r e s and services m order to e l i n h e a d&it which currently stands at I:! d o n

dollars.

Expenditure increases have occurred in the following areas:

• Personnel - Incrcam in salnrics and bench for employees, end other wm, necessary to provide the required level of service to those who rely upon the

Court. As a result of COW r ~ ~ n , rhe Court was k e d with salaries and

benefits that were dramatically dif6nmt from division to division Tlr Corn has

worked diligently with our unions to lessen this gap We continue to be committed

to resolving this issue, while working within the confines of our bud st;

• Security - Costs have dramatically increased to fbl6.U the obli@on to provide a

"fe environment for employees, fixdies, children, parries, wi-4 jurors,

attorneys, the general public and others who must utilize the service:; of the court

m its sevaal locations;

• Facilities - Costs of leased space and maintenance have increased. Court

reorgauization did not take into consideration the physical, logistical and 6uoding

requhments of mdtiple shes. Cost savings for a single opaadon or site have not

been realized;

Assigned Counsel Fees - Expenditures have increased due to state nlandated

hearings in juvenile proceeding. specialized dockers in cMlioal c a x s and personal

protection proceedings in h d y matters. These services are necessary to promote

the $L and pmmpt diis i t ion of cases and ro m u r e public safety.,

Technology - Including the increased cost of network cormnunications bemen

court kcilities and other related agencies; and computers, miin@, hardware,

soffware and programming;

In order to achieve the required decrease in expenditures, it is absolutely ru:cessary rhat I

order spe* reductions. ~ c c o r d i n ~ l ~ , effcnive June 25,200 1, the following redxtiom, wirh

the exception of security, will be put in place:

Personnel - In an e&rt to avoid immediate layo&, payless paydays and/or

interruption of services, all personnel need to accept a reduction or z:djustment in

pay. The present level of benefh will be dmained;

Sea& - The present level will be maintained;

Assigned Counsel Fees - Across the board reddon of scheduled p t ~ m of

10% per case. This reduction win aBkt the private har and the Lega! Aid and

Defender's Associatioa;

Technology - Development win be c d to provide only mahtenmce and

continuity of senice, ie., help desk and network communications:

In an attempr to evaluate those concerns associated with fhdmg requiremen3 and

hdations, the Court, in conjunction with Wayne C o w , will soon engage professional services

to identi@, review and resolve issiles associated with court reorganization and fundirlg.

It is my belief that these changes, along with necessary assistance &om the ailte, corny

and federal govftlrments, will achieve our budget objectives by the end of the next *gal year.

CIRCUIT COURT-WAYNE COUNTY Rule 14.5

Rule 14.5 Fees f o r Assigned Counsel .

Any attorney assigned by a judge of this court to defend an indigent person charged with a crime, shall, before .payment there- !or. file with the Clerk a written statement that he has not received or been promised payment from any other source.

On certification of the trial judge. such attorney shall be entitled in rcccive from thc Wayne County Tmasurer:

( a ) A fec not to excecd S50.00 fo r appearance 11). the attorney a t a r r a i ~ n m e n t on thc warrant.

( b ) X fcc for appearance by the attorncy a t the esaminntion: If Esamination is tvaived. $50.00 If Exaniination is adjourned a t the rcquest of lhc prosccu- tor or on Court's own motion. each adjournment, but not to cxcecd iwo adjournments. S5.0.00. If Esnrnirlation is conducted wherc tcstimon!~ is taltcn or if ?:lotion lo Dismiss is granted for each day or portion thcrcof. SlU0.00.

(c) 8 1 l'ce for appcarance by the attorney a t thc arraignment in Circuit Court. f50.00.

(d l I\ fcc lor prcparation of casc lor trial in Circuit Court; dcfcndant on bond, including plea. $100.00:

For prcparation of m e for trial in Circuit Court: If dcfctldant is in jail and is intcnvic\ved by attorney a t the jail, including plea. S123.00.

(el A lee for appearance on written Motion in Circuit Court when the Motion is acti~ally argued: A fee of up to ,$50.00 to be a\vardcd a t the discretion 01 the judgc hearing the Motion.

(I) In addition, s fee for attendance in Circuit Court lor trial:

Cascs ill \r#hicli the maximum penalty is life imprisonment, for cach day o r portion thereof, $150.00: All other cases, for each day or portion thereof, $100.00.

( g ) A fee for appearance a t time of sentence. S50.00.

(11) A lee lor appeamnce a t probation violation hearing: For cach onc-half day. $50.00.

t i 1 :\ fl?c for appcalxncc a t sanity hcarirlg. for each day or i1(.1'1 iotl t11rl.cof. S100.00.

1.11 :\ itb(: Tur lilili.; \vri\lcti blotion for ncte trial ant1 :~rguing 1111. i i l l l l t . , lili~l!: 01 111.i1'rs IIICI.CO(. PIC., S3O.00. - - -

ZIiJ I

' Rule 14.5 CIRCUIT COURT-WAYNE COUNTY

(k) In all cases of appeals to a higher court, a fee not to exceed S50.00 for each one-half day spent in the Circuit Court, plus $100.00 for every 400 pages of transcript, or major fraction thereof, but not less than $100.00; plus $250.00 for all pro- ceedings in the higher court where claim of appeal and brief is filed.

Xo attorney appointed pursuant to this rule shall incur any cspensc to the county in preparing the indigent's defense without writ- Icn permission of the trial judge or of the presiding judgc, except for ort1inal.y witncss fees.

Upon its adoption, this rule shall be effective for all services ren- tlerctl suhscqucnt thereto. Amended July 26, 1368.

Rule 14.6 P a y m e n t o f C o u n s e l f o r A p p e a l s . [ R e p e a l e d ]

Rule 14.7 R e p o r i s in Cr imina l Ac t ions .

A11 probation, psychiatric, psychological and medical rcports sub- mitted to the court to aid It in passing sentence in criminal cases shall be dcemcd suppressed information and shall be kept confidential, and the conlelits thereof shall not be published without consent of the COUL't.

Pio probation officer, clerk o r other officer of this court. nor any other person, shall divulge any information contained in such reports. escept to those entitled to access thereto a s provided by law.

RULE 15-PATERNITY ACTIONS CALENDAR

(Attorneys filing paternity c a p l a i n t s shotrld consult the Prose- cl~tinq Attorney's Olfice, or the Paternity Division of the Friend of the Court as to the proper procedure and f o m ) .

Rule 15.1 Issuance o f S u m m o n s o r W a r r a n t .

Upon filing of a paternity complaint with the Clerk of the Court a summons shall issue, or if a warrant is requested, the paternity com- plaint shall Ix referred to the Presiding Judge, who may issue a war- rant itlstcacl of a summons.

l'hc summons shall require the defendant to appcnr before the I':.~..I* Jill:: . I L I ~ ~ ~ c 011 Friday a t 10:00 A.M. to adniit or tlcl~y galcrr~ily ;IS ..#'I (g11.111 in thc complaint.

558

Sce Adrrrbrirrruril~c Orders -1 972.2' orrd ' I P : ~ ~ in Adrrritristrori~~e Ordcrs. . . I Volt~r~tc I .u .ro asris.~trd cotrrtsrl for i r r d i g ~ ~ ~ d c f c t t c h ~ r r s ic crirui!l$ wses. ~ c e ' ~ ~ r r r i r r i s t r u r i ~ e Ortlcr 1975.9 as to appoirrrtrrorr of cotrrtsel in ccrrain

Sec. I. Volunteer Legal Cottnsel. If it is made to appear by affidavit o f Ihe defendant or o t h e r ~ i s e , that defendant is an indigent person, the Examin- ing hlagistrale may grant permission for temporary volunteer counsei lo r r v e wilhoul compensation and to assist the defendant before proceeding ui th the Xrraignmcnl.

k c . 2. Appoirited Leg31 Counsel. At the conclusion o f the Arraignment o n Ihe \Varrant the case of tlle indigent defendant shall be referred to the Residing Judge for the appointrntnt of trial counsel. as provided by h w , af io dtall p t rsondly represent the defendant in all further proceedings. Appointed counsel shall not be removed except upon notice and hearing &d for good cause.

Sec. 3. Fee Schedule for Assigned Counsel. An attorney assigned by a Judge o f this Court pursuant to law to defend o r represent an indigent pcrson in any matter within the jurisdiction o f this Court shall file with the Clerk o f the Court a written statement to the eKect that he has not theretofore received nor has he requested nor been p romiad payment from any other source. - '* Any such attorney who accepts or solicits payr~ient from any other 'source for his services as assigned counsel in this Court shall be subject t o punislrrt~enl for contempt.

On certification a f the judge before whom such service was rendered o r Ihe Presiding Judge. such ;Itturney sl~all be entitled to receive frorn the Wayne County Treasurer corr~pcnsation in accordance with the Fee EXAMINING MAGISTRATE COURT RCR 10 Scl~edule for Assigned Cuunscl as the urrle shall be arliended and revised frorn time to time. Tlic currcnt Fee Schedule is attached as an appendix lo APPENDIX Illis Rule.

Fee Schedule for Attorneys Assiyed t o Defend Iridigerit Fclot~y Dtf t r~dants .

(Eff. May 27. 1970)

On certificatiori o r the Trial Judge. an atlorirey slmll be entitled to receive from the Wayr~e County Treasurer: ' - (a) a fee for appearance by the attorney at the Examination:

If examination is waivcd-550.00 If Exan~ination is conducted where testimony is taken, or if Slotion to Dismiss is granted, for each day o r pcrtion t l i c r eo f~~550 .00

(b) a fee for preparation o f case for trial, includirrg plca. .5 100.00 If defendant is interviewed by the attorney a t Wayne County Jail, the fee for preparation, including plea, shall be-5 125.00

(c) a fee for appearance o n written htotion wlien the htotion is actually argued-up to 550.00 to be awarded at the discretion of the Judge Ilearing Uie Motion (d) in addition, a fee for attendance in Court for trial:

Cases in which the maximum pcnalty is life in~pr isonr~lent , Tor the first day and for each succeeding day or fraction tlicreof--5150.00 All other cases - 5 100.00

(e) a fee for appearance at tiriie o f rn l c~ ice -550 .00 . (I) a fee for appearatrce at probation violation hearing for each onc.lialf Cy- -550 .00 (g) a fee for appearance at uriity hearing for each day or portion thereof. - 5 100.00 (h) a fee for liling ar i l lcn hfotion for Xcw Trial and arguing the u m e . liling o f briefs tlrereuf, etc ... SSO.OO (i) in all cases of appeals to a higher court, a f e e of 5100.00 for cvcry 400 pages o f tnnscripl. or major fraction tllcreof. but not less llran 5100.00; plus 5250.00 for all proceedings in llie I l id~cr court where clairn of appeal m d brief is filed. (j) for a necessary visit t o Jackson or other prison facility within 3 n d i u s of 100 miles, an expense allowance o f 5100.00 and for distances in excess of t l~a t radius, an cxpcrise allowance of S 150.00 fi) for attcn~larice at police show.ups on ; ~ s s i g r ~ ~ l ~ c n t of tlic Court, 525.00 for each hour or fraction thereof.

Upon its adoption. this rule sltall be effective for a11 xrvices rendered mbscqtrent tllcrcto.

I .- - - . - - - Rule 14.13 F c c s - ~ t t n r l , e ~ for Indigent Prrson. - - ' An attorney assigned by a judge of this court to defend an indigcnt person charged uith a cr i~ne shall, before payment therefor, tile with the Clerk a written statemcnt that he has not received or been promised payment from - - any other source.

CRIMINAL CALENDAR WCCR 14

On ccrtitication of the, trial judge, the attorney is entitled 'to receive from the Wayne County Treasurer:

I (a) A fee not to exceed. 550.00 for appearance by the attorney at arraign- -. - ment on the warrant. For interviewing the accused subsequent to arraign- ment on the' warrant but before and in preparation for the preliminary examhation, the fee is 550.00 when the defendant is in custody and 525.00 when the defendant is on bond. (b) A fee for appearance by the attorney at the examination:

- Y ., If Examination is waived, 550.00,

If Examination ir adjourned at the request o f the prosecutor or on Court's own motion, each adjournment, but not to exceed two adjournments, s50.00.

L i

If Exahination is conducted where testimony is taken or if hfotion to '

Dismiss is granted for each day or portion thereof, S1OO.OO. (c) A fee for appearance by the attorney at the arraignment in Circuit Court. 5 50.00.

. (d) A fee for preparation of caw for trial in Circuit Court; defendant on - bond. including plea, S 100.00: For preparation o f ca'ie for trial in Circuit Court; If deferidant is in jail and is interviewed by attorney at the jail, including plea. S 125.00.

. (e) A fee for appearance on written Motion in Circuit Court when the

L.' -7 Motion is actually argued; A fee of up to 550.00 to be awarded at rhe __. discretion o f the judge hearing :lie hfotion.

(I) In addition. a fee for attendance in Circuit Court for Trial: Cases in which the maximum pcnalty is life imprisonnicnt. for each day or portion tiicrcof. 5 150.CO; ,411 other cases. for each day or portion thereof, 5 100.00. (g) A fce for appcarancc at time of sentence. 550.00. (h) A fee for appearance at p rob~ t ion violation hearing; For each onc.half day. s50.00.

- (i) A fee for appearance at sanily hearing, for each day or portion thereof, 5 1 00 .oo. (j) A fee for filing written hfotion for new trial and arguing the same.

) ming of briefs thereof, etc.. S SOW. (k) In all u s e s of appeals to a higher court, a fee not to exceed 550.00 for

.

each one.half day spent in the Circuit Court. plus 5100.00 for every 400 pages of transcript. or major fraction thereof. but not less than 5100.00; plus 5250.00 for all proceedings in the higher court where claim of appeal

'

and brief is tiled. (I) A fee for appearance at show ups and habeas corpus. 550.00. No attorney appointed pursuant to this rule h a l l incur any expense -10 the -

WAYNE CIRCUIT COURT RULES '

county in preparing the intiigcnt's dc rcnv u i thou t written pc~miriion of *c trial judge or of the piesiding judge, except for ordinary witness fees.

Upon its adoption. this rule shall be effective for all r rn 'ces rendered subrcqucnt thereto.

History 14.13 Am. cff. iune IS, 1971

P ~ l ~ s Cirtltii Coari fur ff!c EI!ub 3 u b u i t l l Cirruif of f n i r h i y a n

a n b .

tilt x l r r o r b r r ' s Court f u r fbr Cifa . - of Yrfrnif 1 2 0 1 CITY- COL'XTY BUILDING

DETROIT. X I C I I I G A S 48920

June 28 , 1982

H o n o r a b l e Mary S. Coleman C h i e f J u s t i c e Mich igan Supreme C o u r t P . 0. Box 30052 L a n s i n g , M I 48909

Dear C h i e f J u s t i c e Coleman: - .

The b e n c h e s o f b o t h R e c o r d e r ' s C o u r t f o r t h e C i t y o f D e t r o i t a n d t h e T h i r d J u d i c i a l C i r c u i t C o u r t have a p p r o v e d t h e p r o p o s e d a t t o r n e y f e e s c h e d u l e f o r t h e r e p r e s e n t a t i o n o f i n d i g e n t d e f e n d a n t s f o r i m p l e m e n t a t i o n a s o f Decenber 1 , 1982.

I t i s my i n t e n t t o s u b c i t t h i s s c h e d u l e t o t h e "-. n a j n e County Eozrd o f A u d i t o r s f o r i n c l u s i o n i n t h e f i n a l 1 9 8 2 - 1 9 8 3 b u d g e t . Under s e p a r a t e c o v e r , o u r c o u r t a d x i n i s t r a t o r w i l l be f o r w a r d i n g a l e t t e r t o Mr. Hoag t o r e p e a l L o c a l C o u r t Rule 14.13 f o r t h e T h i r d C i r c u i t and t h e a p p r o p r i a t e a p p e n d i x t c Loca l C o u r t Rule 1 0 f o r R e c o r d e r ' s C o u r t .

- 1: was i u r t n e r a g r e e d oy each c o u r t t h a t t h i s

s c h e d u l e w i l l be u t i l i z e d i n b o t h c o u r t s .

P l e a s e do n o t h e s i t a t e t o c o n t a c t me i f you r e q u i r e f u r t h e r i ~ ~ f o r ~ a t i o n .

Very t r u l y y o u r s ,

. . / 8 : .--

Richa rd D. Dunn

C c H o r o r ~ b l e E ~ ~ u e l C . G ~ r d n e r , E x e c u t i v e C h i e f Judge Pro t e c

K T . L. K. 2 z c 3 b s , I'.'

FEE SCHEDULE FOR KSICIJED COUIISEL FOR TiE THIRD JUDICIAL CIRCUIT COURT AND .

RECORDER'S COURT FOR THE CITY OF DiZiROIT

Arr~ignrnent on the Warrant . Pre-exam J a i l Visit (one only) Preliminary Exanination - waived I t iV .L

- conducted 150. C F i r s t Post Exzm J a i l Visit 50. C Second Post E x a n J a i l Visit . 35.C

Capi ta l Cases: 110 more than th ree v i s i t s t lcn-capital Cases: No more than two v i s i t s

Inves t iga t ion and R e p a r a t i o n o f Cases f o r T r i a l o r Ple2 75" C ; Xr i t t en Eotion with Er ief and Oral Argument .. -

(Excepting standard discovery o rders ) 75.0: Calendar Conference and Arraignment on Information (For each apperrance) 50. OC F ina l Cdnference (For each appearance a s long a s adjournsent not by defense) 50. OC da lker Hearing - One-half b y or Less 75-OC

Fu l l Day and Each Day Thereafter 150. OC Iv iden t ia ry Hearing - h e - h a l f Day or Less 75 . OC

Fu l l Day and Each Day Thereaf ter 150.0C ;ttendance i n Court f o r T r i a l 'Per Day o r Fract ion Thereof -

Capi ta l Cases 450. OC l l cn - cap ik l Cases 300. OC

'1 ea 109.00 'orensic Sanity Hearing - Witnesses Kaived 50.00

Hearing Held, h e - h a l f Dzy 75.00 Hearing Held, F u l l Day 150.00

t t e n d a c e in Ccurt f o r Sentence 75.00 roSaticn Violat icn Rearing 75. 00 cr.-frivolous Pation fo r t;ew T r i a l Together Kith Nemorandus of i;u by T r i a l Counsel After ' a Jury o r Non- jury t r i a l 125.00

r znsc r i p t - Every $00 F;Ees o r rrajor f r a c t i cn t h e r m f o ther than g u i l t y plea cases 200.00 Guilty plea cases 100.00

l a i n of A;?eal, E t i e f and A 1 1 Proceedings - Other than g ~ i l t y plea cases 500.00 Gui l ty plea cases 350.00

: r i t t o Priscn F a c i l i t i e s : Uzyne county F a c i l i t i e s . . 75.00 Czzp Fel ls ton and a l l UP F a c i l i t i e s . 400.00 A 1 1 Cthers 200.00

ZCE":.!;EO3S FEE SCHEDULE 2;-ugs - r u l l L2y. htanzby

Fer b u r ~chiztr :z:s - Czses i n Vriich t h e Ezrimum Penalty is Li fe L:?risonnent

Interview and t l r i t t e n Evaluation , Attendance i n .Court

-. . . n v Exper ts - In terview and Wri t ten lI~...luuaticn Attendance i n Court

t r p r e t e r c - Fer Cay Hzlf Cay

~ u g u r t ' . . - - b k par d cnu Lord ow cknnvd & bub3ird and rij.Scy rro.

1

MARY S. COLEMAN. Chiel Jua ice.

THOMAS G1L.ES KAVANAGH. G. MENNU WILLIAMS. CHARLES L L P l N . JOHN W. FITZGERALD.

THE DETROIT BAR ASSOCIATION, ET U , JAMES L RYAN. B U l R MOODY. JR.

P l a i n t i f f s , Asrocule Justices

v SC: 68204

CHIEF JUDCT OF Tlif THIRD JUDICIAL CIRCUIT and CHIEF JUDGE OF !rHE RECORDER'S COUlU OF TElE CITY OF DETROIT, in t h e i r r o l e s as 'presiding judgesm -of tbosr courts,

.- - - Defendants,

. . On order of the Court, the motion for immediate

consideration i s considered, and it is CRAHTED.. The complaint for superintending control i s considered. I t

appearing t h ~ t the bencher of the Recorder's Court for the C i t y - of Detroi t and the T h t d J u d i c i a l Circuit have approved a new proposed attorney fee schedule for the representation of i n d i g a t defendants for bplemeatation AS of December 1, 1982, the conplaint Ls DENIED without pcejuUce to the plaintiffs8 t i g h t to, r e i n s t i t u t e appropriate proceedbgc i n the evcnt tht th aw propoced f e e s c h e d u l ~ i s not pot into effect.

STA1 E OF MIC!iIGAN - . . I . Hudd I i n a ~ . Ckrt d k S u p m e Caul dlk S l r ~ c d M k l t ; p ~ do kxrrby cutif1 lhU tk rorcgciry

W and c a r & Coir) d r n w k r c ~ ~ c r d in F3jd colM ia rv;d OUR: t b ~ I hrtr c m p r d thc w b h h tt on'inrl. 4 t b . ~ it n r h c t n n ~ u i p Ibcrdrom, md 6 c ~ l - n k d stid w+nd a&.

I

t"l 7FS71hfOHY iblIERWF. I ha t a ~ m H my kw wd ,fTi-d t S w d d mid Suptrnc Cwm . . .%

f Z 1 - 4 t.54

ia ~t- t ) L V PI CIY 1.<,6 o x 1le11;Fd d~qh~;.i;:d<; r f 3 Z r j tvo.

- . . .

TATE. OF M l CH l GAN JOINT ADMINISTRATIVE 'HIRD JUDICIAL CIRCUIT COURT ORDER NO. 1 :€CORDER1 S COURT

- - - -

NO. 1 9 8 2 - 1

A t a s e s s i o n o f s a i d c o u r t h e l d i n R o o m 1 2 0 1 Ci t y - C o u n t y Bui'l d i n g , D e t r o i t , M i c h i g a n 48226 o n

N O V E M B E R 22, 1 9 8 2

P R E S E N T : H o n o r a b l e R i c h a r d D. D u n n , E x e c u t i v e C h i e f J u d g e

P u r s u a n t t o a r e v i e w o f t h e A s s i g n e d C o u n s e l F e e

S c h e d u l e f o r t h e T h i r d J u d i c i a l C i r c u i t C o u r t a n d R e c o r d e r ' s

C o u r t , e a c h B e n c h a p p r o v e d t h e a t t a c h e d f e e s c h e d u l e f o r

s e r v i c e s p e r f o r m e d a f t e r N o v e m b e r 3 0 , 1 9 8 2 b y a t t o r n e y s f o r

i n d i g e n t d . e f e n d a n t s .

IT IS HEREBY O R D E R E D o n b e h a l f o f b o t h c o u r t s t h a t

t h e a f o r e m e n t i o n e d F e e S c h e d u l e f o r A s s i g n e d C o u n s e l b e

u t i I i r e d f o r r e m i n e r a t i o n o f a t t o r n e y s r e p r e s e n t i n g i n d i g e n t

d e f e n d a n t s f o r s e r v i c e s p e r f o r m e d a f t e r N o v e m b e r 3 0 , 1 9 8 2 .

2 i c h a r d D. D u n n E x e c u t i v e C h i . e f j u d g e

,! r , FEE SOiEDULE FOR A S S IGNRT UNSEL REVISED 10173 .#:

- A r r a l g n m s n t on W a r r a n t - $ 75. Pre-exam - Jai i Visit (one only) 50.

O f f i c e Vlslt 25. P r e l i m i n a r y Examination 125. F i r s t P o s t E x a m J a i l V i s i t 50. S e c o n d Post E x a m J a l 1 Visit 35.

Capital G s e s : No m o r e than three vislts Non-capital Cases: N o more than .two vlsits

Investigatlon and Preparation of Cases for Trial or Plea 150. W r i t t e n Motion w i t h B r l e f and Oral Argument (Excepting standard discovery orders) 75. C a l e n d a r Conference and Arraignment on information (For each appearance) 50. Final C o n f e r e n c e (For each appearance as long as adjournment not by defense) 50. W a l k e r H e a r i n g - One-half D a y or L e s s 75.

Ful I D a y and Each D a y Thereafter 150. Evidentiar-j H e a r i n g - One-half Day or L e s s 75.

Full D a y and Each D a y Thereafter 150. A t t e n d a n c e In Court for Trial P e r D a y or Fraction Thereof -

Capital Cases 300. Non-capital Cases 200. -

P I e a 100.; F o r e n s i c H e a r i n g - Witnesses W a i v e d 50. '

Hearing Held, One-half Day 75.' Hearing Held, F u l l D a y 150.'

A t t e n d a n c e in Court for Sentence 75.' P r o b a t i o n V i o l a t i o n Hearing 75.f Non-frivolous M o t i o n for New Trial Together W i t h Memorandum of L a w

by T r i a l Counsel A f t e r a j ury or Non-jury trial 125.C

A P P E A L S Transcript - Every 400 pages or major fraction thereof other

than guilty plea cases G u i l t y plea cases

C l a i m of Appeal, B r i e f and All Proceedings - Other than gui 1 ty plea cases

Gul lty plea cases Visit to P r i s o n

F a c i l i t i e s - Wayne County Facilities Camp Pellston and all UP Facilities A1 I O t h e r s

Appeal to H i g h e r C o u r t for each. one-half day sent i n trial court:, . . - : .-- A p p e a r a n c e Z t H a b eas Corpus

M I S C E L L A N E O U S F E E SCHEDULE Show-ups - Full D a y Standby

Per Hour P s y c h i a i r i s t r i c Cases in Which the Maximum Penalty is Life Imprisonment

Interview and Written Evaluation Attendance in Court

Other E x p e r t s - Interview and Written Evaluation Attendance in Court

1nttrpreter.s - Per D a y Half Day

';cn-trial Appearance - . ,

- . a 4 , 1 1 AT A SLS5IO\ OF I H E S L P K E X I E COURT O F T H E S T A T E O F .511CHIGA,?J. Hcld the Supreme i2Ez

8th Room. in ~ h c C I I ~ of Lansing. on the - day of

- - April in the year of our Lord one thousand nine hundred and eighty -three.

WAYNE COUNTY, a Michigan county,

Plaintiff,

and

P r e s e n t t h e H o n o r a b l e

6 , KENNEN W I L L I A M S ,

C h i e f J u s t i c e THOMAS G I L E S KAVANAGH, CHARLES L . L E V I N , JAKES L , RYAN, JAMES H . B R I C K L E Y , M I C H A E L Fa CAVANAGH,

A s s o c i a t e J u s t i c e s

THE DETROIT BAR ASSOCIATION, et al,

Intervening Plaintiffs,

CHIEF JUDGE OF THE THIRD JUDICIAL CIRCUIT, CHIEF JUDGE OF THE RECORDER'S COURT FOR THE CITY OF DETROIT, and STATE COURT ADMINISTRATOR, in their official capacities,

Defendants.

On order of the Court, the complaint for superintending control and the briefs and oral argument of the parties have been considered. It has become evident that the record in this original proceeding is an inadequate basis for decision because of factual questions and disputes which must be resolved before judgment, but which have never been the subject of proofs by the parties. Accordingly, it is ordered that the complaint for superintending control be DISMISSED.

This dismissal is without prejudice to the institution of an appropriate action in circuit court by any of the parties to this action or by individuals or entities not parties to this action for a determination of the duty to pay or the right to be paid in accordance with a fee schedule for the compensation of lawyers representing indigent defendants.

The emergency motion to compel payment of assigned counsel and the motion for order of discovery are accordingly denied.

STATE OF HICHICAS -- SS.

I , CORBIN R. DAVIS. C l e r k o f t h e Supreme Cour t o f t h e S t a t e o f Mich igan . d o he reby c e r t i f y t h a t t h e f o r e g o i n g is a t r u e and c o r r e c t copy o f a n o r d e r e n t e r e d i n s a i d c o u r t i n s a i d c a u s e ; t h a c 1 h a v e compared t h e same w i t h t h e o r i g i n a l . and t h a t i t i s a t r u e t r a n s c r i p t t h e r e f r o m , and t h e whole o f s a i d o r i g i n a l o r d e r .

1N TESTIHOhT WHEREOF, I have h e r e u n t o s e t my hand and a f f i x e d t h e s e a l o f s a i d Supreme Cour t a t

. . L a n s i n g t h i s 8" d a y o f i n t h e y e a r of o u r Lord o n e t h g u s a n d n i n e hundred and e i g h t y - t h r e e .

STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT COURT AND RECORDER'S COURT

JOINT ADMINISTRATIVE ORDER NO. 1983-1

A t a s e s s i o n o f s a i d Court , h e l d i n Room 1201 City-County Building, D e t r o i t , Michigan on

A p r i l 28, 1 9 8 3 ' -

PRESENT: HONORABLE RICHARD D. DUNN Executive Chief Judge

Pursuant t o a review of t h e Assigned Counsel Fee Schedule

h e r e t o f o r e adopted by t h e i ssuance o f J o i n t Adminis t ra t ive Order

No. 1982-1, d a t e d November 22 , 1982;

Upon approval by t h e - ~ u d g e s of each of s a i d Courts , respec-

t i v e l y ;

IT IS HEREBY ORDERED on beha l f of b o t h of s a i d Courts t h a t

t h e Assigned Counsel Fee Schedule promulgated under J o i n t Adminis-

t r a t i v e Order No. 1982-1 be, and same hereby is s e t a s i d e and Fee

Schedules d e s i g n a t e d Schedules "A", "B", "C" and "D" which a r e

a t t ached h e r e t o and made a p a r t he reof , a r e hereby adopted nunc

pro tunc a s o f December 1, 1982 and t h a t s a i d Schedules be u t i l - . -

ized i n f i x i n g remuneration of a t t o r n e y s f o r s e r v i c e s rendered

wi th in t h e d a t e s des igna ted i n each Schedule, i n the r e p r e s e n t a -

t i o n of i n d i g e n t defendants .

A TRUE copY

CLERK

BY. Executive Chief Judge

~c l n c Aamlnlscraclve C r d e r Xo. 1983-1 E f f e c t i v e D e c e m b e r 1 , 1982 t o A p r i l 30, 1983 ScY,edule "A" f o r s e r v i c e s r e n d e r e d f o r above d a t e s

. -. - FEE SCHEDULE FOR ASSIGNED COUNSEL

A r r a i g n m e n t on W a r r a n t $ 75.00 Pre-exam - J a i l V i s i t ( o n e o n l y ) 50.00

O f f . i c e V i s i t 25 .OO P r e l i m i n a r y E x a m i n a t i o n - H e l d or W a i v e d 125 .OO

- A d j o u r n e d + 75 .OO F i r s t P o s t Exam j a i I V i s i t SO. 00 Second Pos t Exam j a1 I V l s i t 35.00

C a p i t a l Cases: No more t h a n t h r e e v i s i t s N o n - c a p i t a l Cases: No more t h a n two v i s i t s

I n v e s t i g a t i o n and P r e p a r a t i o n o f Cases f o r T r i a l o r P l e a i n T r i a l C o u r t 150 .OO W r i t t e n M o t i o n w i t h B r i e f and O r a l Argument ( E x c e p t i n g s t a n d a r d d i s c o v e r y o r d e r s ) 75.00 Ca l endar C o n f e r e n c e and A r r a i gnment on I n f o r m a t i on ( F o r each appearance) 50.00 F i n a l C o n f e r e n c e ' ( F o r each appearance as l o n g as a d j o u r n m e n t n o t by d e f e n s e ) 50 .OO W a l k e r H e a r i n g - O n e - h a l f Day o r L e s s 75.00

F u l l Day and Each Day T h e r e a f t e r 150 .OO E v i d e n t i a r y H e a r i n g - O n e - h a l f Day o r L e s s 75 .OO

F u l l Day and Each Day T h e r e a f t e r 150.00

P l e a - D i s m i s s a l - flRROCU on T r i a l , D a y i n T r i a l C o u r t 100.00 F o r e n s i c H e a r i n g - W i t n e s s e s W a i v e d 50 .OO

H e a r i n g H e l d , One-ha1 f D a y 75.00 H e a r i n g H e l d , F u l l Day 150.00

A t t e n d a n c e i n C o u r t f o r T r i a l P e r Day o r F r a c t i o n T h e r e o f - C a p i t a l Cases 300 .OO Non-cap i t a l Cases 200 .OO

A t t e n d a n c e i n C o u r t f o r S e n t e n c e 75 .OO P r o b a t i o n V i o l a t i o n and E x t r a d i t i o n H e a r i n g 75 .OO APPEALS N o n - f r i v o l o u s M o t i o n f o r New T r i a l T o g e t h e r W i t h Memorandum o f Law

by T i i a l C o u n s e l A f t e r a J u r y o r N o n - j u r y t r i a l 125 .OO

T r a n s c r i p t - E v e r y 400 pages o r m a j o r f r a c t i o n t h e r e o f o t h e r t h a n g u i l t y p l e a cases

Gu i l t y p l ea cases C l a i m o f A p p e a l , B r i e f

and. A1 I P r o c e e d i n g s - O t h e r t h a n g u i I t y p l e a cases G u i l t y p l e a cases

V i s i t t o P r i s o n F a c i l i t i e s - Wayne C o u n t y F a c i l i t i e s

Camp P e l l s t o n and a1 I UP F a c i l i t i e s A l l O t h e r s

Appeal t o H i g h e r C o u r t f o r each o n e - h a l f day s p e n t i n t r i a l c o u r t Appearance a t Habeas C o r p u s

MI SCELLMEOUS FEE SCHEDULE Show-ups - F u l l Day S tandby 200.00

P e r H o u r 50 .OO

P s y c h i a t r i c Cases i n w h i c h t h e Maximum P e n a l t y i s L i f e I m p r i s o n m e n t I n t e r v i e w and W r i t t e n E v a l u a t i o n 300.00

A t t e n d a n c e i n C o u r t 150.00 O t h e r E x p e r t s - I n t e r v i e w and W r i t t e n E v a l u a t i o n 200.00

A t t e n d a n c e i n C o u r t 150 .OO

I n t e r p r e t e r s - Per Day 150 .OO

H a l f Day 75 .OO PATERN l TY P r e p a r a t i o n 150.00

- . - - - - . 75.00 . - - - m

Order No. 1983-1 ' Schedule "B"

F o r S e r v i c e s Rendered ?day 1 , 1983 t o A ~ r i I 30, 1984

. - - FEE SCHEDULE FOR ASSIGNED COUNSEL

A r r a i g n m e n t on W a r r a n t $ 60.00 Pre-exam - J a i I V i s i t ( o n e o n l y ) 50.00

O f f i c e V i s i t P r e l i m i n a r y E x a m i n a t i o n - H e l d or W a i v e d

- A d j o u r n e d 60 .OO F i r s t P o s t Exam J a i l V i s i t - 15.00 Second P o s t Exam J a i l V i s i t 10.00

Cap i ta .1 Cases: No more t h a n t h r e e v i s i t s N o n - c a p i t a l Cases: No more t h a n two v i s i t s

I n v e s t i g a t i o n and P r e p a r a t i o n o f Cases f o r T r i a l o r P l e a i n T r i a l C o u r t 11 5.00 W r i t t e n M o t i o n w i t h . B r i e f and O r a l Argument ( E x c e p t i n g s t a n d a r d d i s c o v e r y o r d e r s ) ." 60.00 C a l endal: C o n f e r e n c e and A r r a i gnment on I n f o r m a t i on ( F o r each appearance ) 50.00 F i n a l C o n f e r e n c e ( F o r each appearance as l o n g as a d j o u r n m e n t n o t by d e f e n s e ) 35.00 W a l k e r H e a r i n g - One-ha1 f Day o r L e s s 60.00

F u l l Day and Each Day T h e r e a f t e r 115.00 E v i d e n t i a r y H e a r i n g - O n e - h a l f Day o r L e s s 60.00

F u l l Day and Each Day T h e r e a f t e r 11 5 .OO

P l e a - D i s m i s s a l - nROC"n T r i a l Day i n T r i a l C o u r t 65.00 F o r e n s i c H e a r i n g - W i t n e s s e s Wa ived 15.00

H e a r i n g H e l d , One-ha1 f D a y 25.00 H e a r i n g H e l d , F u l I Day 115.00

A t t e n d a n c e i n C o u r t f o r T r i a l Per Day o r F r a c t i o n T h e r e o f - C a p i t a l Cases 200 .OO Non-capi t a l Cases 135 .OO

A t t e n d a n c e i n C o u r t f o r S e n t e n c e 60.00 P r o b a t i o n V i o l a t i o n and E x t r a d i t i o n H e i r i n g 60 .OO

AP P EALS N o n - f r i v o l o u s M o t i o n f o r New T r i a l T o g e t h e r W i t h Memorandum o f Law

b y T r i a l C o u n s e l A f t e r a J u r y o r N o n - j u r y t r i a l 75 .OO

T r a n s c r i p t - E v e r y 400 pages o r m a j o r f r a c t i o n t h e r e o f o t h e r t h a n g u i l t y p l e a cases

G u i l t y - p ! ea cases C l a i m o f A p p e a l , B r i e f

and A1 I P r o c e e d i n g s - O t h e r t h + n g u i I t y p l e a cases G u i l t y p i ' hp cases

V i s i t t o P r l s o n \

F a c i l i t i e s - Wayne C o u n t y ' f a c i I i t i e s Camp P e l l s t o n and a l l UP F a c i l i t i e s A1 I O t h e r s

Appeal t o H i g h e r C o u r t f o r each o n e - h a l f day s p e n t i n t r i a l c o u r t Appearance a t Habeas Corpus

MISCELLANEOUS FEE SCHEDULE. Show-ups - F u l I Day S t a n d b y 165.00

P e r H o u r 50 .OO

P s y c h i a t r i c Cases i n w h i c h t h e Maximum P e n a l t y i s L i f e I m p r i s o n m e n t I n t e r v i e w and W r i t t e n E v a l u a t i o n 265 .OO A t t e n d a n c e i n C o u r t 135.00

O t h e r E x p e r t s - I n t e r v i e w and W r i t t e n E v a l u a t i o n 165 .OO

A t t e n d a n c e i n C o u r t 100 .oo I n t e r p r e t e r s - Per Day 85 .OO

H a l f Day 45 .OO

PATERN l TY P r e p a r a t i o n 11 5.00

N o n - t r i a l C o u r t Appearance 75 .OO - . - - 7 - .- A - , . 1 1 5.00

order No. 1983-1 Schedule "C"

F o r S e r v i c e s R e n d e r e d M a y 1 , 1984 to N o v e m b e r 3 0 , 1 9 8 4

. -. - F C E S Q IEDULE FOR A S S IGNED C O U N S E L

A r r a i g n m e n t on W a r r a n t $ 65.00 P r e - e x a m - J a i l V i s i t ( o n e only) 50. 00

O f f i c e V i s i t 2 5 .OO Pre!iminary E x a m i n a t i o n - H e l d or W a i v e d 115.00

- A d j o u r n e d 6 5 .OO F i r s t P o s t E x a m J a i l V i s i t C 35.00 S e c o n d P o s t E x a m J a i l V i s i t 2 5 .OO

C a p i t a l C a s e s : N o m o r e than t h r e e visits Non-capital Cases: N o m o r e than t w o visits

I n v e s t i g a t i o n and P r e p a r a t i o n o f C a s e s for T r i a l or P l e a i n T r i a l C o u r t 135.00 W r i t t e n M o t i o n w i t h B r i e f a n d O r a l A r g u m e n t ( E x c e p t i n g standard d i s c o v e r y o r d e r s ) 65.00 C a l e n dar C o n f e r e n c e and A r r a i gnment on I n f o r m a t i o n ( F o r each appearance) 50.00 Final C o n f e r e n c e ( F o r each a p p e a r a n c e as long as a d j o u r n m e n t not by d e f e n s e ) 40 .OO W a l k e r H e a r i n g - One-half D a y or L e s s 6 5 .OO

Fui l D a y and E a c h D a y T h e r e a f t e r 1 3 5 .OO E v i d e n t i a r y H e a r i n g - One-ha1 f D a y o'r L e s s 65.00

Full D a y and E a c h D a y T h e r e a f t e r 1 3 5 .OO P l e a - D i s m i s s a l - Wn on T r i a l D a y in T r i a l C o u r t 85.00 F o r e n s i c H e a r i n g - W i t n e s s e s W a i v e d 35.00

H e a r i n g ~ ~ l d , One-ha1 f D a y 50.00 H e a r i n g H e l d , F u l l D a y 1 3 5 .OO

e t t e n d a n c e in C o u r t for T r i a l P e r D a y o r F r a c t i o n T h e r e o f - - a ~ e ~ C a p i t a l C- 2 5 0 .OO

Nan-capital C a s e s 1 6 5 .OO A t t e n d a n c e in C o u r t f o r S e n t e n c e 6 5 .OO P r o b a t i o n V i o l a t i o n and E x t r a d i t i o n H e i r i n g 6 5 .OO A P P E A L S Non-fr ivolous M o t ion for New T r i a l T o g e t h e r W i t h M e m o r a n d u m of L a w

by T r i a l C o u n s e l A f t e r a J u r y o r Non-jury trial 1 0 0 .oo

T r a n s c r i p t - E v e r y 400 p a g e s or m a j o r f r a c t i o n t h e r e o f other than g u i l t y p l e a c a s e s

G u i l t y plea c a s e s C l a i m o f Appeal, B r i e f

and Al l P r o c e e d i n g s - O t h e r than gui l ty pl ea c a s e s G u i l t y p l e a c a s e s

V i s i t t o P r i s o n F a c i l i t i e s - W a y n e C o u n t y F a c i l iti es

C a m p P e l l s t o n and all U P F a c i l i t i e s Al l O t h e r s

Appeal t o H i g h e r C o u r t for each one-half d a y spent in trial Court A p p e a r a n c e at H a b e a s C o r p u s

M I S C E L L A N E O U S FEE S C H E D U L E Show-ups - Full D a y S t a n d b y 1 8 5 .OO

P e r H o u r 5 0 .oo P s y c h i a t r i c C a s e s in w h i c h the M a x i m u m P e n a l t y is L i f e I m p r i s o n m e n t

I n t e r v i e w a n d W r i t t e n E v a l u a t i o n A t t e n d a n c e in C o u r t

O t h e r E x p e r t s - I n t e r v i e w a n d W r i t t e n E v a l u a t i o n A t t e n d a n c e in C o u r t 1 2 5 .OO

I n t e r p r e t e r s - P e r D a y 115.00

H a l f D a y 60 .OO

P A T E R N l TY P r e p a r a t i o n Non-trial C o u r t A p p e a r a n c e T r : 2 l 3L.- 4,"

,rder No. 1983-1 Ef f e c t i v e D e c e m b e r 1 , 1 9 8 4

- for S e r v i c e s R e n d e r e d A f t e r A b o v e D a t e Schedule "D" - - I ev F E E S C H E D U L E FOR A S S I G N E D C O U N S E L F+'

A r r a i g n m e n t o n W a r r a n t $ 75.00 Pre-exam - J a i l V i s i t ( o n e o n l y ) 50.00

O f f i c e V i s i t 2 5 .OO P r e l i m i n a r y E x a m i o a t i o n - H e l d or W a i v e d 125.00

- A d j o u r n e d A 7 5 .OO F i r s t P o s t E x a m J a i l V i s i t 5 0 .OO S e c o n d P o s t E x a m J ai l V i s i t 35.00

C a p i t a l Cases: N o m o r e than t h r e e visits Non-capital Cases: N o m o r e than two visits

Investigation a n d P r e p a r a t i o n o f C a s e s for T r i a l or P l e a in T r i a l C o u r t 1 5 0 .OO W r i t t e n M o t i o n w i t h B r i e f and O r a l A r g u m e n t ( E x c e p t i n g standard d i s c o v e r y orders) 75.00 C a l e n d a r C o n f e r e n c e a n d A r r a i g n m e n t o n I n f o r m a t i o n ( F o r each a p p e a r a n c e ) 5 0 .OO Final C o n f e r e n c e ( F o r each a p p e a r a n c e as long as a d j o u r n m e n t not by d e f e n s e ) 50.00 W a l k e r H e a r i n g - One-half D a y or L e s s 7 5 .OO

Ful 1 D a y and E a c h D a y T h e r e a f t e r 150.00 E v i d e n t i a r y H e a r i n g - One-half D a y or L e s s 7 5 .OO

F u l I D a y and E a c h D a y hereafter. 150.00 P l e a - D i s m i s s a l - W C b n Trial D a y in T r i a l C o u r t 100 .oo F o r e n s i c H e a r i n g - Wi tnesses' W a i v e d 50.00

H e a r ing H c l d l One-ha1 f D a y 7 5 .OO H e a r i n g H e l d , Full D a y 150 .oo

A t t e n d a n c e in C o u r t f o r T r i a l P e r D a y or F r a c t i o n T h e r e o f - C a p i t a l C a s e s 300.00 Non-capi tal C a s e s 200.00

. . A t t e n d a n c e in C o u r t for S e n t e n c e 7 5 .OO P r o b a t i o n V i o l a t i o n and E x t r a d i t i o n H e a r i n g 7 5 .OO A P P E A L S Non-frivolous M o t ion for N e w T r i a l T o g e t h e r Wi th M e m o r a n d u m of L a w

by T r i a l C o u n s e l A f t e r a J u r y or Non-jury trial

T r a n s c r i p t - E v e r y 400 pa g e s or m a j o r f r a c t i o n t h e r e o f other than guilty plea c a s e s

G u i l ty plea cases C l a i m of A p p e a l , B r i e f

and Al l P r o c e e d i n g s - O t h e r than gui l ty plea c a s e s G u i l t y p l e a c a s e s

Visit to P r i s o n F a c i l i t i e s - W a y n e C o u n t y F a c i l i t i e s

C a m p P e l l s t o n and all U P F a c i l i t i e s A1 I O t h e r s

Appeal to H i g h e r C o u r t fo; each one-half d a y spent in trial c o u r t A p p e a r a n c e at H a b e a s C o r p u s

M I S C E L L A N E O U S FEE SCHEDULE Show-ups - Ful l D a y S t a n d b y

P e r H o u r 5 0 .OO P s y c h i a t r i c C a s e s in w h i c h the M a x i m u m P e n a l t y is L i f e I m p r i s o n m e n t

I n t e r v i e w and W r i t t e n E v a l u a t i o n 3 0 0 .OO A t t e n d a n c e in C o u r t 150.00

O t h e r E x p e r t s - I n t e r v i e w and W r i t t e n E v a l u a t i o n 2 0 0 .OO A t t e n d a n c e in C o u r t 1 5 0 .OO

Interpreters - P e r D a y 150.00 H a l f D a y 7 5 .OO

P A T E R N l TY Pre p a r a t i o n 1 5 0 .OO U c n - t r i a l C o u r t 9 A ~ g e a r a n c c 75 .OO

for Services fiendered After Above Date r /*-

Arraignment on Warrant 5 75 Pre-exam - Jail Visit (one only) 5 0 - -

Office Visit 25 Preliminary Exanination - Held or Uaived 125

- Adjourned 75 first Post Exam Jail Visit 5 0 Second Post Exam Jail Visit 3 5

Capital Cases: No more than two visits Non-capital cases: No more than one visit

Investigation and Preparation of Cases for Trial or Plea in Trial Court 150. Gritten Motion with Brief and Oral Argument (Excepting standard discovery orders) 75. Calendar Conference and Arraigment on Information (For each appearance) 5 0 Final Conference (For each appearance as long as adjournment not by defense) 50. Walker Bearing - One-half Day or Less 75.

Full Day and Each Day Thereafter 150. Evidentiary Bearing - One-half Day or Less 75.

Full Day and Each Day Thereafter 150. Plea - Dismissal - "ROC" on Trial Day in Trial Court 150. Forensic Hearing - Witnesses Waived 50.

Hearing Held, One-half Day 75. Hearine Held, Full Dav 150.

Attendance in Court for Trial Per Dav or Fraction Thereof 150. Attendance in Court for Sentence 75. Probation Violation and Extradition hear in^ 75. APPEALS Ron-frivolous Motion for New Trial Together With Me~orandur;: of Law

by Trial Counsel After a Jury or Kon-jury Trial 125.

Transcript - Every 400 pages or najor fraction thereof than guilty plea cases

Guilty plet cases Clairz of Appeal, Erief

and All Proceedings - Other than guilty plea cases Guilty plea cases

Visit to Prison Facilities - Kayne County Facilities

Gun? Pellston and all UP Facilities All Others

Agpea! to Bigher Court for each one-half day spent in trial court Appearance at Habeas Corpus

!lSCELL:-h;EOUS FEE SCFrDULE ' -

Shou-u?s - Full Day Standby

other

fer Hour 50. Fsychiatric Cases in vhich the Raxi~w, Penalty is Life Inprisonnent

Interview and Written Evaluation 300.

- Attendance in Court 150. r. c VLhe: txperts - intervies and Kritten Evaluation 200.

Xttendznce in Court 150. in:er?reters - Per Day 150. :

Ealf Dav 75. ?;.TEF2;IT .

Preparation 150.. 75.. Kcn- trial Court b.?pezrance

7ri~l per day 150..

. . STAT2 OF MICEIGAN JOINT -=RATnlE O m = THIRD JUDICIAL CIRCUIT AND TBE 1988-2 mCCZ3'S =:.TXT EXlR TBE CITY OF DETROIT

6H.. ;..,e zttac:~ed fee Schedule G representing fees for asoign~e zc~iasr l . is adopled for all vouchers submitted after July 1, 1998, Z:;ice A*.i=istxatLve Order 1988-1 including Schedule F is sek asbSz :iad rsplaced by this Order and Schedule G.

Counsel ag::cSnted for inC4gent defendants may make no exgendituru, other than far sukpcena fees, for which he or she expects reix3uzac~ant e::zcal>t upon prbr apsroval and order of the trial judge an moeisn for goad cause show..

In any case in wkich nore than one criminal offense is charged, payment shal.1 be ;zade for only the charge carrying the greatest gotenti a1 tenit of imprisor~nent .

Counsel is reqaired ,l-o cmnult with the defendant prior to the prelimicary exam. S~nsepl:c~~tly, if the defendant is in jail counsel must attach to t3c fee wxeh~~r evidence of a j a i l visit; and if the defendant is not in jail, ccmsel :rd.zt attach to the fee voucher an execuzed form z:silahle Zrom the office of the Circuit Court Administrrtor or Recorder's Court Administrator verifying that counsel has rtiec-,with the defendrnt prior to the preliminary exam. Failure to attach this document to the voucher will result in a $75.00 deducti~,~ from the appropriate fixad fee. . .

IR a1.L eases.,* ccunrsi .may geti.tion the Chief Judge for the payment of ertracrdinary fees. All petit.ions fcr extraordinary fees must:'include ..aq,~-;~alv;is af a l l assigned cases for the . . previous one years.. :.r.. .. .

: . . .

DATED: June 2 7 , 1988

EXECUTIVE CHIEF JUDGE

SCEEDULE G - EPPeCTNE JULY 1, 1988 (For vouchers submitted on or afcer above date)

CRIMINAL CASES IN TEZ TXIAL COURT

OFFENSE CATEGORY

24 MONTH MAX 36 MONTH MAX 48 MONTH MAX 60 MONTH MAX 84 MONTH MAX ' 120 MONTH MAX - ' " 168 MONTH MAX '' 180 MONTH MAX 240 MONTH MAX 3 0 LIFE (except-- I 6 11) MURDER I1

The fixed fee rates in the above table will be paid in all cases, except under those circumstances listed below.

. EXCEPTIONS

I. Multiple Cases with Same Defendant: 100% of fixed fee-for case with most

serious charge 50% of fixed fee for each other case

2. Case Dismissed at Ewm Due to Complainant's Failure to Appear: 5100.00

3 . Case Where Capias Warrant is Issued: Before preliminary exam - 10% of fixed fee After exam - 20% After A01 - 30% After final conference - 40% After disposition, before sentence - 90%

4. Attorney Replaced by Retained Counsel: After preliminary exam - 20% of fixed fee After A01 - 30% After final conference - 40%

5 .' Diversion: Before preliminary exam 5100.00 After exam - paid as disposition

6. Probation Violation or Extradition Hearing:

7. Welfare Fraud: Diversions - for a grouping of 25

defendants - Pleas .- for a grouping of 5

defendants

If. ACTIVITY AT TXE AP?ZLLAE LEVEL

Non-frivolous Motion for New Trial Together with Memorandum of Law by Trial Counsel After a Jury or Non-jury Trial:

Transcript: Every 400 pages or major fraction thereof other than guilty plea cases Guilty plea cases

Claim of Appeal Brief and All Proceedings: Other than guilty plea cases Guilty plea cases

Visit to Prison Facilities: Wayne County facilities 75.00 Camp Pellston and all UP facilities 400.00 All others 200.00

Appeal to Higher Courts for Each One-half Day Spent in Trial Court: 75 .OO

Appearance at Habeas Corpus: 50.00

111. MISCELLANEOUS ACTIVITY

Full day standby Per .hour

Psychiatric Cases in Which the Maximum Penalty is Life Imprisonment:

Interview and written evaluation Attendance in court

Other Experts: Interview and written evaluation Attendance in court

Interpreters: Per day Half day

PATE-WITY CASE ACTMTY

Preparation, Nan-trial Court Appearance(s1, Trials and All Other Trial Court Proceedings:

, V. SPOUSE ABUSE CASHS

Preparation, Non-trial Court Appearance(s1, Trials and All Other Trial Court Proceedings:

WAYNE COUNTY CRIMINAL DEFENSE BAR ASSOCIATION PROPOSED FEE SCHEDULE

Crime Class A, All Homicides and CSC 1 & 3

Event Preliminary Exam AOL Plea Pre-Exam Bond Hearing Competency Hearing Docket Conference Investigation & Prep Final Conference Sentence Calendar Conf. Pre-Trial Conf Motion (No Testimony) Motion (With Testimony) Motion (With Testimony/hll day) Jail Visits Trial Preparation (Jury) Trial Preparation (Bench) Trial Full Day Trial Half Day Probation Violation:

Plea and Sentence Same Appearance Plea and Sentence Separate Appearance

Plea Half Day Bench Trial Three Day Jury Trial

Preparation Time 3.0 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 1.5 0.0 0.0 3 .O 1.5 1.5 0.0

20.0 12.0 2.0 2.0

Event Total Time Time 3.5 6.5 2.0 2.0 0.0 2.0 2.0 2.0 1 .o 1 .o 1 .o 1 .o 2.0 2.0 0.0 0.0 2.5 2.5 2.0 3.5 1 .o 1 .o 1 .o 1 .o 2.0 5 .o 3 .o 4.5 6.0 7.5 1 .o 1 .o 0.0 20.0 0.0 12.0 7.0 9.0 4.0 6.0

Hourly Rate 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100

Current Fee 1020 1150 2200

Proposed Fee 650 200 200 200 100 100 200

0 250 350 100 100 500 450 750 100

2000 1200 900 600

100 175

Proposed Fee 1400 3350 6250

Current Fee 250 100 260 50 0 0 0

270 100 140 8 0 8 0 140 100 200 50 0 0

420 210

Crime Classes B, C, D, and any other offense requiring mandatory MDOC sentence

Event Preliminary Exam AOL Plea Pre-Exam Bond Hearing Competency Hearing Docket Conference Investigation & Prep Final Conference Sentence Calendar Conf. Pre-Trial Conf Motion (No Testimony) Motion (With Testimony) Motion (With Testimony/hll day) Jail Visits Trial Preparation (Jury) Trial Preparation (Bench) Trial Full Day Trial Half Day Probation Violation:

Plea and Sentence Same Appearance Plea and Sentence Separate Appearance

Plea Half Day Bench Trial Three Day Jury Trial

Preparation Event Total Time Time 3.5 5.5

Hourly Rate 8 5 8 5 85 85 8 5 8 5 85 8 5 8 5 85 85 85 85 85 85 8 5 8 5 8 5 85 85

Current Fee 800 880 1690

Proposed Fee

Current Fee

100 175

Proposed Fee 1063 2381 4506

Crime Classes E, F, G, H

Event Preliminary Exam AOL Plea Pre-Exam Bond Hearing Competency Hearing Docket Conference Investigation & Prep Final Conference Sentence Calendar Conf. Pre-Trial Conf Motion (No Testimony) Motion (With Testimony) Motion (With Testimony/full day) Jail Visits Trial Preparation (Jury) Trial Preparation (Bench) Trial Full Day Trial Half Day Probation Violation:

Plea and Sentence Same Appearance Plea and Sentence Separate Appearance

Plea Half Day Bench Trial Three Day Jury Trial

Preparation Time 1 .o 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 0.5 0.0 0.0 2.5 1.5 1.5 0.0 8.0 8.0 1 .o 1 .o

Event Total Time Time 3 .O 4.0

Hourly Rate 7 5 75 75 75 7 5 75 75 75 75 75 75 75 7 5 7 5 7 5 7 5 7 5 7 5 75 75

Proposed Fee 300 225 150 150 7 5 7 5 150 0

188 188 75 7 5

338 338 563 75 600 450 600 375

Current Fee 110 50 140 50 0 0 0

140 50 70 50 50 7 0 80 160 50 0 0

220 110

100 7 5 175 7 5

Current Proposed Fee Fee 510 863 580 1801 1130 3378