December 14, 2005
  
  
  ADM File No. 2003-04
  
  Amendment of Rules 6.001, 
  6.006, 6.302, and 6.425
  of the Michigan Court Rules
  ______________________
  
   On order of the Court, upon reconsideration of the July 13, 2005, amendments of
  Rules 6.001, 6.006, 6.302, and 6.425 of the Michigan Court Rules, the Court adopts
  additional amendments of Rules 6.001, 6.006, 6.302, and 6.425 to provide technical
  corrections and clarity as recommended by the Committee on the Rules of Criminal
  Procedure and staff.  The effective date of this amendment is January 1, 2006.
  
   [Additions are indicated by underlining and deletions are indicated by strikeover.]
  

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

  
  Rule 6.001  Scope; Applicability of Civil Rules; Superseded Rules and Statutes
  
  (A)   [Unchanged.]
  
       (B)   Misdemeanor Cases. MCR 6.001-6.004, 6.006, 6.102(D) and (F),
       6.106, 6.125, 6.427, 6.445(A)-(G), and the rules in subchapters 6.600-6.800
       govern matters of procedure in criminal cases cognizable in the district
       courts.
  
  (C)-(E)[Unchanged.] 
  
  
  Rule 6.006 Video and Audio Proceedings
  
       (A)   Defendant in the Courtroom or at a Separate Location.  District and circuit
       courts may use two-way interactive video technology to conduct the following
       proceedings between a courtroom and a prison, jail, or other location: initial
       arraignments on the warrant or complaint, arraignments on the
       information, pretrial[s] conferences, pleas, sentencings
       for misdemeanor offenses, show cause hearings, waivers and adjournments of
       extradition, referrals for forensic determination of competency, and waivers and
       adjournments of preliminary examinations.
  
  (B)-(D)[Unchanged.]
  
  
  Rule 6.302 Pleas of Guilty and Nolo Contendere
  
  (A)   [Unchanged.] 
  
       (B)   An Understanding Plea. Speaking directly to the defendant or defendants, the court
       must advise the defendant or defendants of the following and determine that each
       defendant understands:
  
            (1)-(3)    [Unchanged.] 
   
  [The requirements of this section may be satisfied by a writing on a form approved by
  the State Court Administrator.  If a court uses a writing, the court shall address the
  defendant and obtain from the defendant orally on the record a statement that the rights
  were read and understood and a waiver of those rights.  The waiver may be obtained
  without repeating the individual rights.
  ]
            (4)-(5)    [Unchanged.] 
  
  The requirements of subrules (B)(3) and (B)(5) may be satisfied by a writing on a form
  approved by the State Court Administrative Office.  If a court uses a writing, the court shall
  address the defendant and obtain from the defendant orally on the record a statement that
  the rights were read and understood and a waiver of those rights.  The waiver may be
  obtained without repeating the individual rights.
  
  (C)-(F)[Unchanged.]
  
  Rule 6.425 Sentencing; Appointment of Appellate Counsel
  
  (A)-(E)[Unchanged.]
  
  (F)   Advice Concerning the Right to Appeal; Appointment of Counsel.
  
  (1)   [Unchanged.]
  
           (2)    [Unchanged.]
  
      (a)    [Unchanged.] 
  
                 (b)   if the defendant is financially unable to retain a lawyer, the
                 [defendant may request appointment of] court will
                 appoint a lawyer to represent the defendant on appeal, and
  
                 (c)   [Unchanged.] 
  
  (3)-(4)[Unchanged.]
  
  (G)   Appointment of Lawyer; Trial Court Responsibilities in Connection with Appeal.
  
            (1)   Appointment of Lawyer.
  
                 (a)-(b)    [Unchanged.]
  
                 (c)   In a case involving a conviction following a plea of guilty or nolo
                 contendere, if the defendant is indigent, the court
                 [should liberally grant the request if it] must enter an
                 order appointing a lawyer if the request is filed within 42 days
                 after sentencing.
  
       (d)   [Unchanged.]   
  
  (2)-(3)[Unchanged.] 
  
   Staff Comment:  The amendment of MCR 6.001 corrects a drafting error
  in the Court's order of July 13, 2005.
  
   On July 13, 2005, the Court issued an order adding MCR 6.006(A) as
  recommended by the Committee on the Rules of Criminal Procedure.  The amendment of
  MCR 6.006(A) clarifies the Court's order of July 13, 2005, that the rule is also applicable
  if the defendant is in the courtroom.  The amendment also makes the language of the rule
  consistent with other rules.
  
   The amendment of MCR 6.302(B) was recommended by the Committee on the
  Rules of Criminal Procedure after the Court issued its order of July 13, 2005.  It clarifies
  that, in addition to the trial rights the defendant gives up if the plea is accepted, the
  defendant may also be advised in writing that any appeal from the conviction and sentence
  pursuant to the plea will be by application for leave to appeal and not by right.     
  
   The amendment of MCR 6.425 was made to more accurately reflect the holding of
  the United States Supreme Court in Halbert v Michigan, 545 US ___; 205 WL 1469183
  (June 23, 2005).
  
   The staff comment is not an authoritative construction by the Court.