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Appellate defender asks court to ensure counsel on appeal is notified of corrected judgments
Summary
Jacqueline McCann of the State Appellate Defender's Office told the court that proposed amendments to MCR 6.429 should require courts to notify appointed appellate counsel and provide an opportunity to object when a judgment of sentence is corrected, because notices sometimes go only to trial counsel listed on the judgment and appellate counsel are left out.
The court considered a proposed amendment to MCR 6.429 intended to reorganize and clarify the process for correcting a judgment of sentence and to ensure parties have an opportunity to object.
Jacqueline McCann of the State Appellate Defender's Office said defense counsel on appeal are often not notified when the judgment of sentence is modified because filings and MDOC correspondence typically copy the defense attorney listed on the judgment of sentence (trial counsel), not appointed appellate counsel. "We are being cut out of the loop, in a lot of instances where the actual judgment appealed from is being modified," McCann said. She asked that the rule include language ensuring appellate counsel (and the Court of Appeals where appropriate) are brought into the notice process when there is an order of appointment or a claim of appeal.
The presiding justice asked no substantive follow‑ups on this item and the hearing moved to adjournment.
