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Appellate defenders ask court to ensure counsel are notified when judgments of sentence are modified
Summary
The State Appellate Defenders Office asked the court to add language to MCR 6.429 requiring that defense counsel and appointed appellate counsel be notified when a judgment of sentence is modified, because modifications sometimes occur without notice to current appellate counsel and MDOC mailings list trial counsel.
Jacqueline McCann of the State Appellate Defenders Office told the court that in practice appellate defenders are sometimes cut out of the loop when judgments of sentence are modified. She said judgments sent to the MDOC list the trial defense attorney, not the appellate defender, and that parties and counsel may be unaware of modifications made in circuit court.
McCann asked the court to add language ensuring that when there is an order of appointment or a claim of appeal the defenders and appellate counsel be included in service and notice so they can raise objections when the court affords the parties an opportunity to object to a court’s modification or rescission of a judgment of sentence.
The court received the comment and had no further questions; the proposed language would require the court to give parties an opportunity to object and to ensure that those who represent the appellant are brought into relevant communications.
