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FREDERICK v. PRESQUE ISLE COUNTY CIRCUIT JUDGE

Docket No. 90310, (Calendar No. 8).

439 Mich. 1 (1991)

476 N.W.2d 142

FREDERICK v. PRESQUE ISLE COUNTY CIRCUIT JUDGE

Supreme Court of Michigan.

Decided September 30, 1991.

Attorney(s) appearing for the Case

James A. Frederick, in propria persona.

Joseph P. Swallow, Chief Judge, 26th Circuit Court, in propria persona.

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, and Donald J. McLennan, Prosecuting Attorney, for the intervening defendant.

Amici Curiae:

Michael E. Kobza, 14th Circuit Judge, and Kurt N. Hansen for Michigan Judges Association.

Douglas R. Mullkoff for Criminal Defense Attorneys of Michigan.

James K. Robinson for the State Bar of Michigan.

Barbara R. Levine and Edward A. Meany for Michigan Appellate Assigned Counsel System.

Dennis O. Cawthorne for Michigan Association of Counties.

Kraizman & Kraizman (by Jack J. Kraizman) and Gerald M. Lorence, President, Recorder's Court Bar Association, for Recorder's Court Bar Association.

MALLETT, J.

We granted leave to determine which government entity is responsible for compensating private attorneys assigned to represent indigent criminal defendants in appealing their convictions. We hold that the counties remain responsible for this cost, and reverse the decision of the Court of Appeals.

FACTS

This dispute arose out of the legal representation in a criminal case in which the plaintiff-appellant, Mr. James A. Frederick, represented...

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