May 18, 1999



99-33



Proposed Amendment of Rules 
6.610 and 7.103 of 
the Michigan Court Rules
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          On order of the Court, this is to advise that the Court
is considering amendments of Rules 6.610 and 7.103 of the
Michigan Court Rules.  Before determining whether the proposals
should be adopted, changed before adoption, or rejected, this
notice is given to afford any interested person the opportunity
to comment on the form or the merits of the proposals.  We
welcome the views of all who wish to address the proposals or who
wish to suggest alternatives. 

          As whenever this Court publishes an administrative
proposal for comment, we emphasize that publication of these
proposals does not mean that the Court will issue an order on the
subject, nor does it imply probable adoption of the proposals in
their present form.

[The present language would be amended as indicated below.]

ICLE Editor's Note:

Rule 6.610 Criminal Procedure Generally

(A) – (D) [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) – (6) [Unchanged.]

(7)  The following provisions apply where a defendant seeks
     to challenge the plea.

(a)  A defendant may not challenge a plea on appeal
     unless the defendant moved in the trial court to
     withdraw the plea for noncompliance with these
     rules.  Such a motion may be made either before or
     after sentence has been imposed.  After
     imposition of sentence, the defendant may file a
     motion to withdraw the plea within the time for
     filing an application for leave to appeal under
     MCR 7.103(B)(6).  After the time for filing an
     application for leave, the defendant may seek
     relief in accordance with the procedure set forth
     in subchapter 6.500.

(b) – (c) [Unchanged.]

(8) [Unchanged.]

(F) – (G) [Unchanged.]



Rule 7.103 Application for Leave to Appeal

(A) [Unchanged.]

(B)  Procedure.

(1) – (5) [Unchanged.]

(6)  An application under subrule (A)(2) or an application
     that is not timely under subrule (B)(1), must be
     accompanied by an affidavit explaining the delay.  The
     circuit court may consider the length of and the
     reasons for the delay in deciding whether to grant the
     application.  Delayed applications may not be filed
     more that 12 months after entry of the order or
     judgment on the merits.

(C)  [Unchanged.]


               
Staff Comment:  The proposed amendment of MCR 6.610(E)(7)
would establish time limits for seeking to withdraw pleas in
district court criminal cases, comparable to those in circuit
court cases.  See MCR 6.311.  The proposed amendment of MCR
7.103(B)(6) would place a 12-month time limit on applications for
leave to appeal to the circuit court, corresponding to the
similar limit applicable in appeals to the Court of Appeals.  See
MCR 7.205(F)(3).  The proposals were published in conjunction
with the decision in People v Ward, 459 Mich ___
(decided May 18, 1999).


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

          _____________________________________________

Publication of these proposals does not mean
that the Court will issue an order on the
subject, nor does it imply probable adoption
in their present form.  Timely comments will
be substantively considered, and your
assistance is appreciated by the Court.       
         
          _______________________________________________


          A copy of this order will be given to the secretary of
the State Bar and to the State Court Administrator so that they
can make the notifications specified in MCR 1.201.  Comments on
this proposal may be sent to the Supreme Court clerk within 60
days after it is published in the Michigan Bar Journal.  When
filing a comment, please refer to our file No. 99-33.