July 20, 1999



99-39



Amendment of Rule 6.610
of the Michigan Court Rules
____________________________


          On order of the Court, the need for immediate action
having been found, the notice requirements of MCR 1.201 were
dispensed with and the following amendment to Rule 6.610 of the 
Michigan Court Rules is adopted, to be effective October 1, 1999.


[The present language is amended as indicated below.]

ICLE Editor's Note:

Rule 6.610     Criminal Procedure Generally

(A) - (C)      [Unchanged.]

(D)  Arraignment; District Court Offenses.

(1)       [Unchanged.]

(2)  An indigent defendant has a right to an appointed
     attorney whenever

(a)  the offense charged is punishable by more than
     [92] 93 days in jail;

(b)  the offense charged requires on conviction a
     minimum term in jail; or

(c)  the court determines that it might sentence the
     defendant to jail.

If an indigent defendant is without an attorney and has
not waived the right to an appointed attorney, the court
may not sentence the defendant to jail.

(3) - (4)      [Unchanged.]

(E)  Pleas of Guilty and No Contest.  Before accepting a plea of
     guilty or no contest the court shall in all cases comply with
     this rule.

(1)       [Unchanged.]

(2)  The court shall inform the defendant of the right to the
     assistance of an attorney.  If

(a)  the offense charged is punishable by [over
     92] more than 93 days in jail,

(b)  the offense charged requires a minimum jail
     sentence, or

(c)  the court makes a determination that it may send
     the defendant to jail,

the court shall inform the defendant that if the
defendant is indigent he or she has the right to an
appointed attorney.

A subsequent charge or sentence may not be enhanced
because of this conviction unless a defendant is
represented by an attorney or he or she waives the right
to an appointed attorney.

(3) - (8)      [Unchanged.]

(F) - (G)      [Unchanged.]


     Staff Comment:  The July 1999 amendment of subrules (D)
and (E), effective October 1, 1999, was based on a recommendation
from the Prosecuting Attorneys Association of Michigan, in light of
statutory changes effected by 1998 PA 341, 1998 PA 342, and 1998 PA
350.


The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.