COURT FOR THE COUNTY OF 
| Chapter 3: Appointment and Substitution of Counsel |
Both the federal and state constitutions provide criminal defendants with the right to effective assistance of
counsel. US Const Am VI; Const 1963, art 1, §20.
The court must determine whether the defendant is indigent and is guided by the following factors in making that determination:
1. present employment, earning capacity and living expenses;
2. outstanding debts and liabilities, secured and unsecured;
3. whether the defendant has qualified for and is receiving any form of public assistance;
4. availability and convertibility, without undue financial hardship to the defendant and the defendant's dependents, of any personal or real property owned; and
5. any other circumstances that would impair the ability to pay a lawyer's fee as would ordinarily be required to retain competent counsel.
Each county must have a published plan on file with the supreme court clerk for selecting and appointing
lawyers.
An indigent defendant is not entitled to choose a particular lawyer, but only to representation by counsel who performs at least as well as a lawyer with ordinary training and skill in the criminal law. People v Gendron, 144 Mich App 509 (1985). A defendant can change appointed attorneys only on a showing of adequate cause. Donigan v Finn, 95 Mich App 28 (1980); People v Ginther, 390 Mich 436 (1973).
Where there has been a breakdown in the relationship between defendant and assigned counsel based upon substantial grounds, substitute counsel should be appointed, and the trial court has a duty to inquire into allegations of such a conflict. People v Wilson, 43 Mich App 459 (1972); People v Bass, 88 Mich App 793 (1979). Genuine disagreement over the use of a substantial defense, such as alibi, requires appointment of a new attorney. People v Charles O. Williams, 386 Mich 565 (1972).
Requests for substitution must be brought in a "timely manner," People v Shuey, 63 Mich App 666 (1975), and must not "unreasonabl[y] disrupt" the judicial process, People v Hernandez, 84 Mich App 1 (1978).
3.1 Motion for Appointment of Counsel [Download: WP | Word | PDF]
COURT FOR THE COUNTY OF
____________________________________
PEOPLE OF THE
STATE OF MICHIGAN,
Plaintiff, No. 
vs Hon. 
,
Defendant.
____________________________________/
, by 
attorney, 
, moves this Court to appoint
to represent 
in this matter for the following reasons:
1. The Michigan Constitution 1963, article 1, section 20 and the Sixth Amendment to the United States
Constitution guarantee 
the right to effective assistance of counsel.
2. When a criminal defendant does not have the means to hire 
own counsel, the court shall appoint
counsel. MCL 775.16; MSA 28.1253; MCR 6.005.
3. 
is financially unable to secure counsel.
For these reasons, 
requests that this Court appoint 
to represent him.
Respectfully submitted,
_______________________
Attorney for Defendant
3.2 Motion for Substitution of Counsel [Download: WP | Word | PDF]
COURT FOR THE COUNTY OF 
____________________________________
PEOPLE OF THE
STATE OF MICHIGAN,
Plaintiff, No. 
vs Hon. 
,
Defendant,
____________________________________/
, by 
attorney, 
, moves this Court to substitute
in as counsel in this matter, for the following reasons:
1. 
is currently represented by 
.
2. 
relationship with 
has broken down.
3. This substitution of counsel will not disrupt the process of this case.
4. 
has agreed to this substitution of counsel,
and has 
this pleading.
For these reasons, 
requests that this Court appoint 
to be
substituted to represent 
.
Respectfully submitted,
_______________________
__________________
Attorney for Defendant