MIDC Issues Resolution Urging Wayne County to Remedy Breach of Contract Regarding MIDC Standard 2, Attorney Initial Interview and Access to Counsel
The MIDC Act requires adherence to the principle that “[d]efense counsel is provided sufficient time and a space where attorney-client confidentiality is safeguarded for meetings with defense counsel’s client.” MCL 780.991(2)(a). Moreover, United States Supreme Court precedent and American Bar Association Principles recognize that the “lack of time for adequate preparation and the lack of privacy for attorney-client consultation” can preclude “any lawyer from providing effective advice.” See United States v Morris, 470 F3d 596, 602 (CA 6, 2006) (citing United States v Cronic, 466 US 648; 104 S Ct 2039; 80 L Ed 2d 657 (1984)).
The Michigan Indigent Defense Commission (MIDC) created a minimum standard on access to counsel and initial client interviews, also known as Standard 2. This Standard was approved by the Department of Licensing and Regulatory Affairs on May 22, 2017. Per the MIDC Act, all local trial court funding systems, including Wayne County, must submit an annual plan for complying with MIDC minimum standards and must abide by that plan once approved by the MIDC. MCL 780.997(1). To support this compliance, all local systems receive annual grant funding from the MIDC.
The MIDC met on October 15, 2024 for a regularly scheduled public meeting. During the public comment period, six attorneys practicing in Wayne County provided first-hand accounts of alarming experiences working within Wayne County’s Criminal Justice Complex (CJC), depicting significant limitations on their client’s access to counsel and humanitarian issues, also documented in recent press coverage.
Prior to October 15, MIDC staff conducted onsite observations at the Wayne County CJC and county courts, met regularly with the Director of the County’s Indigent Defense Services Department and conducted interviews with members of the Wayne County Defense Bar, all of which support the public testimony.
Based on this public testimony and staff reporting, the MIDC unanimously agreed to amend its agenda and add item to discuss these issues. The result of that discussion is a resolution, as follows:
The Michigan Indigent Defense Commission (MIDC) is outraged at the breach of contract and potential constitutional violations resulting from the failure to comply with the terms of the grant awarded to Wayne County. The MIDC urges all parties involved to immediately eradicate this breach.
Read the full statement here.
The Commission also instructed its Executive Director to distribute the resolution to a wide range of people with the ability to assist in immediate corrective action.
Should you have any questions or need additional information, the MIDC staff is happy to facilitate a meeting with your office. You can contact Executive Director Kristen Staley via email at StaleyK@michigan.gov or via telephone at (517) 582-2427.