Michigan Compiled Laws §780.991(4) provides that “The MIDC shall establish standards for trainers and organizations conducting training that receive MIDC funds for training and education. The standards established under this subsection must require that the MIDC analyze the quality of the training, and must require that the effectiveness of the training be capable of being measured and validated.”

The Michigan Indigent Defense Commission is proposing Guidelines for Trainers and Training Providers pursuant to this statutory requirement and seeks public comment on the proposal.  After a 30 day comment period the MIDC will take action on these Guidelines at an upcoming public meeting.

Proposed Guidelines for Trainers and Training Providers

Written public comment for consideration by the Commission should be submitted before September 30, 2021 to LARA-MIDC-Info@michigan.gov.  Alternatively, comments can be sent by that date to the MIDC’s Office, 611 W. Ottawa, 4th Floor, Lansing, MI 48933.  All comments will be posted and available on the MIDC website.

Background and purpose: Attorneys in Michigan accepting adult indigent criminal case assignments must annually complete continuing legal education relevant to their indigent defense clients. MCL §780.991(2)(e).  Every trial court funding unit in Michigan must submit a plan for compliance with the Standards, including MIDC Standard 1 – Training and Education of Defense Counsel, and a cost analysis to ensure sufficient funding to comply with the Standards.  Systems shall only employ attorneys who have attended the required training described in MIDC Standard 1.  These Guidelines shall serve as a supplement to Standard 1 and provide guidance for compliance with Standard 1.

The MIDC is looking for its next Executive Director!  In June, Loren Khogali advised the Commission that she will be stepping down from her role as Executive Director as of July 22^nd to spend time with her family.  The Commission has appointed Marla McCowan, MIDC’s Director of Training, Outreach and Support, as Interim Executive Director effective July 23rd for the duration of the search for a new Executive Director.  If you are passionate about public defense and interested in leading an organization with a talented and committed staff and dedicated, mission-driven Commission, please consider applying.

Read the position description [.pdf document] and apply through the State of Michigan Civil Service Commission’s website here.

Learn more about the work of the MIDC in this short 4 1/2 minute video.

SUBMISSION DEADLINE: August 15, 2021

The Michigan Indigent Defense Commission is an equal opportunity employer and is committed to diversity, equity, and inclusion. The Commission values the contributions that candidates bring with respect to their education, culture, ethnicity, race, sex, gender identity and expression, experience with the criminal legal system, nation of origin, age, languages spoken, veteran’s status, color, religion, disability, sexual orientation and beliefs.

The MIDC will begin accepting compliance plans and cost analyses from all trial court funding units in Michigan in April 2021.  A compliance plan and cost analysis addressing all approved MIDC Standards is due from every Michigan trial court funding unit no later than April 27, 2021.

Trial Court funding units will submit their plan for compliance and cost analysis through EGrAMS beginning April 1, 2021.  To assist with planning for compliance with the MIDC’s Standards, the Commission has approved the following materials, available on our grants page:

• An application for systems to address how they will comply with the MIDC’s Standards [This Word document is offered for convenience in planning; the application must be submitted through the MIDC’s Grant Management System (EGrAMS)].
• A cost analysis template identifying funding required to comply with the standards [This Excel document is for convenience in planning; the cost analysis must be submitted through the MIDC’s Grant Management System (EGrAMS)]
  • If a system contracts with a vendor operating as a public defender office, use this template for planning purposes [Excel document]
• Please refer to these Answers to Frequently Asked Questions about compliance with MIDC Standard 5 [.pdf document] requiring independence from the judiciary.
• We have Tips from Staff [.pdf document] about FY22 planning.
• The MIDC’s Grant Manual has recently been revised (February 2021) to assist with planning for compliance and reporting requirements.

Contact your Regional Manager for additional information, 517-657-3066.

On October 29, 2020, Orlene Hawks, the Director of the Dept. of Licensing and Regulatory Affairs (LARA), signed Michigan Indigent Defense Commission (MIDC) Standard 5. The approval of MIDC Minimum Standard 5 ensures that public defense attorneys are subject to judicial supervision only in the same manner and to the same extent as retained counsel or the prosecution; the ability of a person charged in the criminal legal system to pay for counsel should not dictate whether they receive constitutionally-sound representation that is free from interference by the judiciary.

“This standard is another step forward in our efforts to ensure equal access to justice for all Michiganders,” said Governor Gretchen Whitmer. “Regardless of their ability to pay, every Michigander has a constitutional right to a fair trial. This action protects that right and ensures access to vigorous representation for all Michiganders. It is another crucial step this administration is taking to ensure everyone in our state is treated fairly under the law, and we will continue working with our partners everywhere to meet that goal.”

“The adoption of this standard encourages public defense attorneys to advocate freely and zealously on behalf of their clients,” said Lt. Governor Garlin Gilchrist II. “This new standard will inspire increased use of appropriate pretrial release and innovative community-based sentencing practices so we can ensure everyone who is accused of a crime gets fair access to programs that help people avoid jail time and the barriers associated with criminal records.”

“In signing MIDC Standard 5 today, we take another step towards protecting the fundamental constitutional right to counsel for persons who are unable to pay when faced with criminal charges,” said LARA Director Orlene Hawks. “This is one more aspect of reform that serves to make our state’s approach to criminal justice more equitable.”

Once approved, local indigent defense systems have 180 days to submit a plan and for compliance with the new minimum standard. Those plans and corresponding requests for funding are reviewed and must be approved by the Commission.

After decades of being severely under-resourced, indigent defense in Michigan has seen significant improvements in recent years. Through the implementation of Minimum Standards 1, 2,3 and 4, indigent defense attorneys statewide receive training annually and have access to experts and investigators as appropriate to provide constitutional representation. Defendants with insufficient means to hire an attorney now receive appointed counsel when they initially appear in court to face criminal charges.

Over 20 new public defender offices, including regional defender offices and 40 managed assigned counsel systems have been established in Michigan since 2018. The evolution of local public defense systems across the state helps to ensure that those who cannot afford to hire an attorney have the same access to justice as those who can.

“The dependence of public defense counsel on the judiciary for resources such as investigatory tools and expert witnesses cannot coexist with effective and zealous assistance of counsel,” said State Court Administrator Tom Boyd. “The requirement that public defense attorneys and the judiciary operate independent of one another will serve the court’s role in protecting the constitutional right to counsel and enhance the ability of appointed counsel to advocate with vigor and innovation, making for a more just and equitable system.”

“The U.S. Supreme Court reminds us every state has a ‘constitutional obligation’ to respect the professional independence of public defenders,” said David Carroll, Executive Director of the Sixth Amendment Center. “By removing the judiciary from the oversight of indigent defense services, Michigan has taken another critical step in ensuring that people of insufficient means receive effective assistance of counsel as demanded by the U.S. Constitution.”

“The ability of the state’s public defense systems to operate independently from the judiciary and with adequate resources, operates as both a constitutional sword and shield that protects against wrongful convictions and guards the presumption of innocence, holding the state to its burden to prove a person’s guilt beyond a reasonable doubt,” said Loren Khogali, Executive Director of the MIDC.

The mission of the MIDC is to develop and oversee the implementation, enforcement, and modification of minimum standards, rules, and procedures to ensure that indigent criminal defense services providing effective assistance of counsel are delivered to all indigent adults in Michigan. The MIDC is composed of eighteen members appointed by the Governor. The MIDC meets multiple times throughout the year to review and approve local systems’ plans for compliance with existing minimum standards and to create and implement standards for indigent defense delivery services. A full-time staff works in Lansing, Michigan under the supervision of the Executive Director.

Read the full press release here.

Download the complete packet of the MIDC Standards here.

On May 22, 2020 Governor Whitmer announced the following appointments to the Michigan Indigent Defense Commission:

Joshua Blanchard, of Greenville, is a partner at Miel & Carr, PLC d/b/a Blanchard Law. He earned his Juris Doctor degree from the Thomas M. Cooley Law School. Mr. Blanchard is appointed to represent a member submitted by the Criminal Defense Attorneys of Michigan for a term commencing May 22, 2020 and expiring April 1, 2024. He succeeds Frank Eaman whose term expired April 1, 2020.

David W. Jones, of Detroit, is a partner with Allen Brothers, PLLC. He earned his Juris Doctor degree from the University of Detroit Mercy. Mr. Jones is appointed to represent a member submitted by the State Bar of Michigan for a term commencing June 2, 2020 and expiring April 1, 2022. He succeeds Nancy Diehl who has resigned effective June 1, 2020.

Kristina Robinson Garrett, of Detroit, is a judge with the 36th District Court of the City of Detroit. She earned her Juris Doctor degree from the University of Detroit Mercy School of Law. Judge Robinson Garrett is appointed to represent a member submitted by the Michigan District Judges Association for a term commencing May 22, 2020 and expiring April 1, 2022. She succeeds Thomas Boyd who has resigned.

The Michigan Indigent Defense Commission was created as a result of efforts to improve legal representation for indigent criminal defendants. The Commission develops and oversees the implementation, enforcement, and modification of minimum standards, rules, and procedures to ensure that indigent criminal defense services providing effective assistance of counsel are delivered to all indigent adults in this state consistent with the safeguards of the United States Constitution, the State Constitution of 1963, and with the Michigan Indigent Defense Commission Act.

These appointments are not subject to the advice and consent of the Senate.

Read the full press release here.