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Order
Entered:

        October 23, 1995


94-47

Amendment of Rule 6.005
of the Michigan Court Rules

        On order of the Court, the following amendment of MCR 6.005
was adopted October 23, 1995, to be effective January 1, 1996.

[The present language is amended as indicated below:]


ICLE Editor's Note:
[Italicized, bracketed text] indicates text that has been deleted.
Bold text indicates new text.

Rule 6.005       Right to Assistance of Lawyer; Advice;
                 Appointment for Indigents; Waiver; Joint
                 Representation; Grand Jury Proceedings
(A)-(C) [Unchanged.]
(D)     Appointment or Waiver of a Lawyer. If the court determines
        that the defendant is financially unable to retain a
        lawyer, it must promptly appoint a lawyer and promptly
        notify the lawyer of the appointment. The court may not
        permit the defendant to [waive] make an initial
        waiver of the right to be represented by a lawyer
        without first
        (1)-(2)  [Unchanged.]
(E)     Advice at Subsequent Proceedings. [Even though]
        If a defendant has waived the assistance of a
        lawyer, the record of each subsequent proceeding (e.g.,
        preliminary examination, arraignment, proceedings leading
        to possible revocation of youthful trainee status,
        hearings, trial or sentencing) [must affirmatively]
        need show only that the court advised the
        defendant of the continuing right to a lawyer's
        assistance (at public expense if the defendant is
        indigent) and that the defendant waived that right. Before
        the court begins such proceedings,
        (1)-(3)  [Unchanged.]
(F)-(J) [Unchanged.]

Staff comment to the January 1, 1996 amendment of MCR 6.005(D)
and (E):

        The 1996 amendment of MCR 6.005(D) emphasized that the
advice in subrules (D)(1) and (D)(2) pertains only to the
defendant's initial waiver of the right to the assistance of
a lawyer. The amendment of subrule (E) clarified that when a
defendant has waived the assistance of a lawyer, the record of
subsequent proceedings need only show that the court advised the
defendant of the continuing right to a lawyer's assistance, and
that the defendant waived that right.
        Levin and Cavanagh, JJ., would publish the amendment for
comment.