From: To: Subject: Date:
James Samuels Comments Attorney caseload standard Thursday, May 31, 2018 3:15:07 AM
With 37 years of criminal practice, 12 years as the elected prosecutor and 25 years as defense counsel (both appointed and retained), I can say without hesitation the The standard in principle is entirely appropriate and necessary. However, the arbitrary temporary numbers based on an ancient suggestion without any supporting data from the 1970’s, is not appropriate. This standard should be placed on hold pending a weighted caseload study. No attorney can handle 150 homicides. By the same token, Many attorneys can handle numerous low level cases such as bad checks, larceny, sora registration violations etc. The issue, as noted, is whether counsel has adequate training, experience and time to effectively represent the accused citizen. We handle on average 10 appointed felonies a month. Many are resolved at the prelim conference, with the full informed consent of the client. We follow the client centered approach promoted by Gideon’s Promise. The time expended on cases resolved at prelim conference through sentencing averages approximately 4.25 hours. Obviously this number changes depending on the charge and the presentence report challenges. In short, the 150/400 standard is not based in reality and ought not to be adopted. Caseload standards based a reliable data via a weighted study will ensure the most effective standard and the best representation. James Samuels P32445 Big Rapids, Michigan 231-349-2179
