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RE: UPDATED Agenda: Criminal Jurisprudence & Practice Committee Meeting, March 17th



Good points!  Would it work to make a distinction that any actions to the Court of Appeals involving the possibility of court appointed counsel go through MAACS for the appointment of appellate counsel?


From: Barry Poulson [mailto:barrypoulson@yahoo.com]
Sent: Thu 3/17/2011 8:22 AM
To: Michael Gordner; John Boufford; Richmond Riggs; Abed Hammoud; Angela Povilaitis; Julie Powell; Barry Poulson; Donna McKneelen; Samuel Smith; Jr.Donald E. McGinnis; Daniel Corrigan Grano; Nichole Jongsma Derks; Jenna Bonmarito; John Livesay; John Freeman; Kimberley Reed Thompson; Hoort, Judge; Erika Julien; J. McKay; Gretchen Schlaff; James Heath; Haytham Faraj; Adam Mittman; Timothy Havis; John Jarema; Paul Bukowski; Carrie Sharlow
Cc: Elizabeth Lyon
Subject: Re: UPDATED Agenda: Criminal Jurisprudence & Practice Committee Meeting, March 17th

Also in the interest of economy of meeting time, as to:
 
b. 2008-28 - Proposed Amendment of Rule 6.005 of the Michigan Court Rules, I would say:
 
The State Appellate Defenders Office (SAD) is funded by the state of Michigan to do appeals work and is staffed with experienced appeals attorneys. Local fixed-price contracts are funded by the counties to carry out federal and state unfunded mandates as to criminal defense, to wit, federal constitutional guarantees and the state's propensity to criminalize "everthing" while paying only to prosecute, never to defend.
 
I appears to be the strategy of the law enforcement corrections complex to insure full prisons by providing prosecutors with high pay, benefits, insurance, retirement, research systems, staff, offices, telecommunications, and even sentencing books. In contrast, public defenders, other than in the rich urban communities, are paid at a level that assures that they are in tune with their indigent clients by verging on indigency. I will know that the long awaited public defender initiative has begun to bear fruit when I no longer have to beg my guidelines books from AAG's visiting to lock up non-payers of support.
I would also suggest that my contract with the Commissioners does not appear to contemplate the requirement that I also carry the burden and considerable cost of doing appeals work.
 
To add appeals work, where the fix priced contract will not pay for the extensive copying, postal cost, mileage, or even parking at the COA, let alone the time, is to worsen the lot of public defenders, risk unfair results due to their  relative inexperience as appeals attorneys, and further pack our costly prison system with innocent indigents who would have gone free if the state funded their mid-trial appeals. Highly paid, well equipped, prosecutor offices can easily swamp defense offices with mid-trial appeals. The result would be manifest justice.
 
BFP Barry F. Poulson b.poulson@computer.org http://www.poulson.com

--- On Wed, 3/16/11, Carrie Sharlow <CSHARLOW@mail.michbar.org> wrote:

From: Carrie Sharlow <CSHARLOW@mail.michbar.org>
Subject: UPDATED Agenda: Criminal Jurisprudence & Practice Committee Meeting, March 17th
To: "Michael Gordner" <mgordnerlaw@bellnet.ca>, "John Boufford" <john@bouffordlaw.com>, "Richmond Riggs" <rriggs@co.genesee.mi.us>, "Abed Hammoud" <ahammoud@co.wayne.mi.us>, "Angela Povilaitis" <apovila@co.wayne.mi.us>, "Julie Powell" <jpowell1@co.wayne.mi.us>, "Barry Poulson" <b.poulson@computer.org>, "Donna McKneelen" <mckneeld@cooley.edu>, "Samuel Smith" <smiths@courts.mi.gov>, "Donald E. McGinnis, Jr." <dmcginnis@dmcginnis.com>, "Daniel Corrigan Grano" <dgrano@floodlawcenter.com>, "Nichole Jongsma Derks" <nderks@fosterswift.com>, "Jenna Bonmarito" <lawofficeassistant1@gmail.com>, "John Livesay" <livesayj48@gmail.com>, "John Freeman" <formerfedlawyer@hotmail.com>, "Kimberley Reed Thompson" <kdrr@hotmail.com>, "Hon. David Hoort" <dhoort@ioniacounty.org>, "Erika Julien" <esjulien@julienlaw.com>, "J. McKay" <Kevin.McKay@kentcountymi.gov>, "Gretchen Schlaff" <gretchen.schlaff@macombcountymi.gov>, "James Heath" <HeathJ@michigan.gov>, "Haytham Faraj" <haytham@puckettfaraj.com>, "Adam Mittman" <miattorney@tds.net>, "Timothy Havis" <hlopllc@yahoo.com>, "John Jarema" <johnajarema@yahoo.com>, "Paul Bukowski" <paulbukowski@yahoo.com>
Cc: "Elizabeth Lyon" <ELYON@mail.michbar.org>
Date: Wednesday, March 16, 2011, 2:20 PM

Committee Members:
 
Two items have been added to the agenda.  Please see the attached.

>>> Carrie Sharlow 3/15/2011 11:46 AM >>>
Committee Members:
 
Please see the attached agenda for Thursday's meeting.  I have included the history of some bills due to previous session action by either the committee or the State Bar.   
 
Also attached are the minutes from our February 2011 meeting and material from the first meeting of the Marijuana Subcommittee.

>>> Carrie Sharlow 3/10/2011 2:10 PM >>>
Committee Members:

The next meeting of the Criminal Jurisprudence & Practice Committee has been scheduled for Thursday, March 17, 2010 from 2 to 4 PM.  We will be meeting at the State Bar of Michigan Building at 306 Townsend St in Lansing.  If you are unable to attend in person, the call in number is 1-877-352-9775 and the pass code is 9152168764#.  An agenda will be emailed shortly
 
Please indicate your attendance by person or phone by replying to my email by Monday, March 14th for quorum purposes.
 
Sincerely,
Carrie Sharlow  
 
 

Carrie Sharlow
Administrative Assistant
Governmental Relations
State Bar of Michigan
Michael Franck Building
306 Townsend St., Lansing, MI  48933
Phone: 517/346-6317   Fax: 517/482-6248

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