In Re the Attorney Fees of Meizlish

196 N.W.2d 129, 387 Mich. 228, 1972 Mich. LEXIS 161
CourtMichigan Supreme Court
DecidedApril 6, 1972
Docket24 June Term 1971, Docket No. 52,830
StatusPublished
Cited by26 cases

This text of 196 N.W.2d 129 (In Re the Attorney Fees of Meizlish) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Attorney Fees of Meizlish, 196 N.W.2d 129, 387 Mich. 228, 1972 Mich. LEXIS 161 (Mich. 1972).

Opinions

Swainson, J.

On February 6, 1969, Fred Clay was convicted in Wayne County Circuit Court, upon a plea of guilty, of breaking and entering a business establishment with intent to commit the crime of larceny.1 On March 3, 1969, he was sentenced to a term of not less than eight nor more than ten years. Defendant had been represented by Max M. Silver-man, of the Defender’s Office — Legal Aid and De[232]*232fender Association of Detroit, and that office was initially appointed to represent him for post-conviction and appellate proceedings. However, that office filed a motion to withdraw on the grounds that it could not “objectively review the validity and merits of a plea of guilty in which it participated and which, in the opinion of Max M. Silverman, was providently entered.” The motion was granted on May 23, 1969, and on May 28, 1969, Sheldon M. Meizlish was appointed as substitute counsel for post-conviction and appellate proceedings. After a careful and considered review of the matter, Mr. Meizlish concluded there was no basis for any meaningful challenge of the conviction and, after securing the approval of defendant, filed a motion to withdraw. That motion was granted on September 5, 1969.

The defendant indicated that he still desired to challenge his conviction and in conformity with the requirements of In re Hoffman, 382 Mich 66 (1969), the court appointed David Eason as new counsel.

In seeking leave to withdraw, Mr. Meizlish followed the suggested procedure of the United States Supreme Court in Anders v California, 386 US 738; 87 S Ct 1396; 18 L Ed 2d 493 (1967). Mr. Meizlish requested a fee for his services and submitted to the court a detailed service voucher showing that he had spent 9-3/4 hours working on defendant’s case.2 [233]*233The trial court agreed that the services claimed were reasonable and did not doubt that they were performed.

Wayne Circuit Court Rule 14.133 provides for compensation for assigned counsel. The trial court construed it to allow $50, and this amount was awarded to Mr. Meizlish. Mr. Meizlish was dissatisfied with the award and filed a motion for rehearing. The motion was denied on December 5, 1969. The Court of Appeals denied leave to appeal on April 16, 1970. We granted leave to appeal. 384 Mich 752.

Appellant states the issue as follows:

“Did Wayne County Circuit Court Local Rule 14.13 and the award for attorney fees in this case violate the Appellant’s rights, under the Fourteenth Amendment of the Federal Constitution and Article I, Sections 2 and 17, of the State Constitution, to due process of law and equal protection of laws, and do they violate the right of every indigent defendant, particularly those who desire to institute post-conviction proceedings, to effective assistance of counsel, the right to an effective appeal, due process of law and equal protection of laws, in violation of Amendments 6 and 14 of the Federal Constitution and Article I, Sections 2, 17 and 20, of the State Constitution?”

[234]*234Wayne Circuit Court Rule 14.13 provides:

“Any attorney assigned by a judge of this court to defend an indigent person charged with a crime, shall, before payment therefor, file with the Clerk a written statement that he has not received or been promised payment for [sic] any other source.

“On certification of the trial judge, such attorney shall be entitled to receive from the Wayne County Treasurer:

“(a) A fee not to exceed $50.00 for appearance by the attorney at arraignment on the warrant.

“(b) A fee for appearance by the attorney at the examination:

If Examination is waived, $50.00.

If Examination is adjourned at the request of the prosecutor or on Court’s own motion, each adjournment, but not to exceed two adjournments, $50.00.

If Examination is conducted where testimony is taken or if Motion to Dismiss is granted for each day or portion thereof, $100.00.

“(c) A. fee for appearance by the attorney at the arraignment in Circuit Court, $50.00.

“(d) A fee for preparation of case for trial in Circuit Court; defendant on bond, including plea, $100.00:

For preparation of case for trial in Circuit Court; If defendant is in jail and is interviewed by attorney at the jail, including plea, $125.00.

“(e) A fee for appearance on written Motion in Circuit Court when the Motion is actually argued; A fee of up to $50.00 to be awarded at the discretion of the judge hearing the Motion.

“(f) In addition, a fee for attendance in Circuit Court for Trial:

Cases in which the maximum penalty is life imprisonment, for each day or portion thereof, $150.00; All other cases, for each day or portion thereof, $100.00.

[235]*235“(g) A fee for appearance at time of sentence, $50.00.

“(h) A fee for appearance at probation violation hearing; For each one-half day, $50.00.

“(i) A fee for appearance at sanity hearing, for each day or portion thereof, $100.00.

“(j) A fee for filing written Motion for new trial and arguing the same, filing of briefs thereof, etc., $50.00.

“(k) In all cases of appeals to a higher court, a fee not to exceed $50.00 for each one-half day spent in the Circuit Court, plus $100.00 for every 400 pages of transcript, or major fraction thereof, but not less than $100.00; plus $250.00 for all proceedings in the higher court where claim of appeal and brief is filed.

No attorney appointed pursuant to this rule shall incur any expense to the county in preparing the indigent’s defense without written permission of the trial judge or of the presiding judge, except for ordinary witness fees.

Upon its adoption, this rule shall be effective for all services rendered subsequent thereto.”

Appellant contends that the system provided under Wayne Circuit Court Rule 14.13 is irrational and promotes assembly line justice. We cannot agree with this contention. Distinctions are made in the amount of money a lawyer receives if, for example, he conducts a preliminary examination as opposed to waiving a preliminary examination (Rule 14.13 subd [b]). Additional fees are granted if a case is appealed to a higher court (Rule 14.13 subd [k]). Obviously, lawyers may spend more time on some cases than on others and still receive the same compensation, and certainly in some cases a lawyer will receive far below the minimum bar fees. Rut, in general, the court rule does provide reasonable [236]*236compensation for court appointed attorneys for indigents.

Appellant’s contention that he has been deprived of due process and equal protection under the United States Constitution and Michigan Constitution 1963 has been discussed and decided adversely to him by numerous courts in this country.4 In United States v Dillon, 346 F2d 633 (CA 9, 1965), cert den 382 US 978; 86 S Ct 550; 15 L Ed 2d 469, the Court rejected an attorney’s contention that property was taken in violation of due process of law when he was forced to defend an indigent defendant without compensation. The Court stated (p 635):

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In Re the Attorney Fees of Meizlish
196 N.W.2d 129 (Michigan Supreme Court, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
196 N.W.2d 129, 387 Mich. 228, 1972 Mich. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-attorney-fees-of-meizlish-mich-1972.