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Standard 8 Removes Disincentives in Public Defense Compensation Positioning Michigan as a National Leader in Indigent Defense

LANSING, MI – Orlene Hawks, the Director of the Department of Licensing and Regulatory Affairs, approved the Michigan Indigent Defense Commission’s (MIDC) proposed Standard 8. This will ensure attorneys have the time, fees, and resources to provide effective assistance that is constitutionally guaranteed to indigent Michigan citizens facing criminal charges.

Currently six minimum standards are approved by LARA and being implemented statewide. This includes reforms to local criminal defense systems such as:

• Providing counsel to all indigent Michigan residents facing criminal charges at all critical court appearances;
• Employing only attorneys who have at least twelve hours of annual training relevant to indigent criminal defense;
• Ensuring assigned counsel meets with their clients in a timely and confidential manner;
• Providing indigent clients with adequate access to expert and investigative resources;
• Guaranteeing criminal defense counsel are appointed and selected independently from the judiciary; and
• Standardizing the statewide definition of indigency and applying access to services equally statewide.

“Step by step and standard by standard, Michigan is becoming a national leader in defending the constitutional rights of defendants in criminal cases, regardless of their income. Adoption of this standard is another major step forward, proving that bipartisan cooperation between the legislative and executive branch can achieve great things,” said Chief Justice Bridget Mary McCormack. “For the right to counsel guaranteed by the Constitution to be meaningful, this standard setting adequate pay and resources for public defenders is critically important. And to law students who are looking to a career as a public defender, this is a signal that Michigan wants to be your home.”

The MIDC found that Michigan’s public defense attorneys are often paid rates so low they barely cover the costs of running a law practice. Standard 8 provides adequate compensation and resources to defense counsel and updates payment models, required minimum hourly rates for attorneys, guidelines for case-related reimbursements, and suggested oversight mechanisms.

“Change of this magnitude continues to position Michigan as a leader in the field of public defense,” sad LARA Director Orlene Hawks. “By adopting this standard, we remove the financial deterrent for public defense and replace it with a model that invests in our most vulnerable citizens providing quality services and breaking down long-standing barriers that have prevented those whose liberty is at stake from getting the help they deserve.”

This is yet another important step forward in the state’s long-term efforts to improve its indigent defense systems, increase public safety, and safeguard due process rights for Michiganders. Created in 2013 by the Michigan Indigent Defense Act, the MIDC is charged with developing and overseeing the implementation, enforcement, and modification of minimum standards for indigent criminal defense services, rules, and procedures to ensure that effective assistance of counsel is delivered to all indigent adults in Michigan.

“For decades, inadequate and stagnant pay has created a workforce of Michigan appointed attorneys who defend the poor in direct conflict with their own well-being and economic interests,” says MIDC Chair Christine Green. “We know that about 23% of appointed criminal defense attorneys have reported missing or making late payments on student loans due to financial stress, 15% have a second job, and 10% are on government assistance. Standard 8 is simply critical to attracting and maintaining the highest quality defenders.”

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

Additional information about MIDC’s standards is available online: https://michiganidc.gov/standards/.

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The MIDC is required to publish an annual report pursuant to M.C.L. §780.999.  The 2021 Impact Report by the Michigan Indigent Defense Commission covers all activities of the Commission and Staff, our budget and expenditures, and recommendations for legislative action pursuant to M.C.L. §780.989(h).

Prior annual reports can be found on our policies and reports page.

December 2, 2021 – The Michigan Indigent Defense Commission (MIDC) has announced that Kristen Staley will be the organization’s next Executive Director.

“Kristen’s life’s work has been about promoting justice and due process,” said Presiding Officer Christine Green. “Kristen has shown remarkable patience and vision in her role as a Regional Manager for MIDC, and these qualities will serve her well as Executive Director. Her knowledge of how all the components of the criminal justice system fit together will help guide the Commission’s important work moving forward. She has demonstrated an ability to build strong relationships with all partners in the criminal justice system across all levels of government.”

Kristen is Co-Director of the Midwest Juvenile Defender Center and a member of the National Juvenile Defender Center’s national advisory board. She also worked as a legal advocate in the Vermont Legal Aid’s Health Care Ombudsman Office, was an appellate clerk with the Kentucky Department of Public Advocacy’s Juvenile Post-Disposition Unit and is an experienced facilitator of restorative justice panels. Kristen received her B.A. from American University and J.D. from the University of Louisville, Brandeis School of Law.

The MIDC selected Ms. Staley to fill the role of Executive Director after an application and interview process that began last July when former Executive Director Loren Khogali stepped down. The Commission interviewed six candidates for the position at a public meeting in late October and announced its selection at a public meeting on November 22, 2021.

 

Read the press release on LARA’s website.

 

 

On October 15, 2021 Governor Whitmer announced the appointment of Paul E. Bullock, of Evart, to the Michigan Indigent Defense Commission.

Mr. Bullock is the controller and administrator for Mecosta County. He holds a Bachelor of Arts in American History from Spring Arbor College. Mr. Bullock is appointed to represent members submitted by the Senate Majority Leader for a term commencing October 15, 2021 and expiring April 1, 2025. He succeeds Jeffrey Collins whose term expired April 1, 2021.

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.

This appointment is not subject to the advice and consent of the Senate.

Read the full press release here.

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.