Order Michigan Supreme Court
Lansing, Michigan
January 28, 2009 Marilyn Kelly,
Chief Justice
135888 Michael F. Cavanagh
Elizabeth A. Weaver
PEOPLE OF THE STATE OF MICHIGAN, Maura D. Corrigan
Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman
v SC: 135888 Diane M. Hathaway,
COA: 282579 Justices
Macomb CC: 2006-004473-FH
HARVEY EUGENE JACKSON,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the January 30, 2008
order of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether People v Dunbar, 264 Mich App 240
(2004), was correctly decided; (2) whether trial courts are required to consider a
defendant’s ability to repay attorney fees as articulated in Dunbar before ordering the
defendant to commence reimbursement of attorney fees pursuant to MCL 769.1k;
(3) whether Dunbar correctly held that a challenge to an order for repayment of attorney
fees may be premature until collection efforts have begun; (4) what standards should
govern a trial court’s determination of whether a defendant should be responsible for the
repayment of attorney fees and when repayment should begin, including what
consideration, if any, should be given to a defendant’s other financial obligations (such as
restitution or child support), or a defendant’s incarceration; and (5) whether imposing a
20 percent late fee pursuant to MCL 600.4803(1) constitutes an impermissible collection
effort or sanction for non-payment or provides a means of enforcement that exposes a
defendant to more severe collection practices than the ordinary civil debtor. See Dunbar,
supra at 253.
The Clerk of the Court is directed to place this case on the April 2009 session
calendar for argument and submission. Appellant’s brief and appendix must be filed no
later than March 2, 2009, and appellee’s brief and appendix, if appellee chooses to submit
an appendix, must be filed no later than March 27, 2009.
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association of Michigan are invited to file briefs amicus curiae, to be filed no later than
April 2, 2009. Other persons or groups interested in the determination of the issues
presented in this case may move the Court for permission to file briefs amicus curiae, to
be filed no later than April 2, 2009.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
January 28, 2009 _________________________________________
d0127 Clerk