MIDC 2020 Year in Review Video
At the December 15, 2020 meeting, the MIDC presented the accomplishments of the Commission during the year in a short (4 1/2 minute) video. The video is available in MP4 format, below:
At the December 15, 2020 meeting, the MIDC presented the accomplishments of the Commission during the year in a short (4 1/2 minute) video. The video is available in MP4 format, below:
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.
Congratulations to Commissioner Tracey Brame, who has been recognized by Michigan Lawyers Weekly as the 2020 Lawyer of the Year. Ms. Brame, of Grand Rapids, is the associate dean at Western Michigan University Thomas M. Cooley Law School in Grand Rapids and a professor and co-director of the Access to Justice Clinic. She earned her Juris Doctor degree from University of Michigan Law School. Ms. Brame was appointed to the MIDC to represent the Chief Justice of the Supreme Court for a term expiring April 1, 2023. Read more about Ms. Brame’s contributions to the legal field and meaningful and long-standing commitment to reforming the criminal legal system here.
Congratulations to Judge Jim Fisher, who will be honored with the State Bar of Michigan’s Champion of Justice award for his leadership and contributions in reforming Michigan’s indigent defense system. Judge Fisher, of Hastings, served as the first chair of the Michigan Indigent Defense Commission and is a designee by the Michigan Judges Association. He is Of Counsel with Dickinson Wright in Grand Rapids where his primary practice areas are arbitration and mediation. He previously served as chief judge of Barry County Circuit Court and is a director of Hastings City Bank. Judge Fisher earned a bachelor’s degree in engineering from General Motors Institute and a law degree from Wayne State University. You can read about the award 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.
The Michigan Supreme Court announced today that following the guidance of Governor Whitmer’s “Stay Home, Stay Safe” executive order, the Court’s Administrative Order 2020-2 remains in effect. As described in AO 2020-2, trial courts must continue to operate to provide essential functions. Essential functions include arraignments for in custody defendants. The Supreme Court’s Administrative Order makes clear that “[t]o the extent possible and consistent with MCR 6.006 and a defendant’s constitutional and statutory rights“, courts should conduct certain hearings remotely using two-way interactive video technology or other remote participation tools. Comprehensive information from the Michigan Supreme Court about the Judicial branch’s response to COVID-19 can be found on their website.
New: Use Michigan’s Virtual Courtroom Directory to watch hearings statewide.
The Brennan Center for Justice is compiling the formal policy responses of federal courts, immigration courts, and state courts to the COVID-19 public health crisis.
The Marshall Project has a Coronavirus Tracker: How Justice Systems are Responding in Each State.
Wayne State University’s Center for Behavioral Health and Justice has links to resources for criminal/legal institutions.
Read the Michigan Indigent Defense Commission’s letter to indigent defense stakeholders making clear the MIDC’s Standards remain in effect during the State of Emergency (March 30, 2020) [.pdf]
Webinar by MIDC Staff – MIDC Standard 4 during the COVID-19 Pandemic
NEW: COVID-19 issue preservation training video (recorded May 19, 2020), handout, and form to request CLE credit.
Additional links for indigent defense counsel:
The Michigan State Appellate Defender Office has created a webpage of COVID-19 Pleadings and Resources for attorneys and advocates.
The training division of the Federal Defender Services Organization has also created a webpage of resources for defenders.
On March 18, 2018 Governor Gretchen Whitmer announced the reappointment of Kimberly Buddin, John Shea, and William W. Swor.
Kimberly Buddin, of Novi, is policy counsel for the ACLU of Michigan and a VAWA/U-Visa pro-bono attorney for the Michigan Immigrant Rights Center. She earned her Juris Doctor degree from the Michigan State University College of Law. Ms. Buddin is reappointed to represent a member submitted by a bar association whose primary mission or purpose is to advocate for minority interests, for a term commencing April 2, 2020 and expiring April 1, 2024.
John A. Shea, of Chelsea, is an attorney with his private practice, John A. Shea, Attorney at Law and a member of the Criminal Defense Attorneys of Michigan. Mr. Shea is reappointed to represent members submitted by the Criminal Defense Attorneys of Michigan for a term commencing April 2, 2020 and expiring April 1, 2024.
William W. Swor, of Grosse Pointe Woods, is an attorney and the principal with Swor and Associates Law Firm and a member of the Criminal Defense Attorneys of Michigan Board of Directors. He earned his Juris Doctor degree from the Wayne State University Law School. Mr. Swor is reappointed to represent members submitted by the Criminal Defense Attorneys of Michigan for a term commencing April 2, 2020 and expiring April 1, 2024.
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.
During the spring of 2020 the MIDC will begin accepting compliance plans and cost analyses from all trial court funding units in Michigan. Please check our Grants page for the following documents:
Join the MIDC staff for a webinar to help with completing and submitting the FY 2021 compliance plan and cost analysis:
Note: the webinars will be identical in content and will be recorded and posted for later viewing on the MIDC’s website. Attendees will receive a link to join the webinar the morning of the session.
Please join the MIDC staff for a webinar designed to answer frequently asked questions about the first quarter of reporting for FY2020. In addition to information about the program report, we will offer details about financial reporting including revisions to the forms and transitioning between grant contract fiscal years.
This session WILL be repeated and recorded to allow for maximum participation.
You will get a link to join the session the morning of the webinar.
Register to attend webinars by clicking on one of the following dates (Eastern Standard time):
The Michigan Indigent Defense Commission met on December 17, 2019. At that meeting, a short video detailing the Commission’s success over the past year was shown with highlights including the distribution of $87 million in state funding to improve indigent defense services statewide.
The MIDC’s next meeting will be on February 11, 2020.
This October marked the beginning of the second year of implementation of the MIDC standards across Michigan. In the first year, the Commission distributed over $87.6 million among the 134 local indigent defense systems supporting changes such as:
Moving into FY20, the State of Michigan’s budget provides for over $80 million to support all indigent defense systems. The MIDC has approved almost all the plans for FY20, with the final nine systems up for review during upcoming meetings. Finally, contracts for the approved plans are being formed now and should be ready for distribution soon, with an effective date of Oct. 1, 2019 to ensure no interruption of services to indigent clients.
Moving Forward: Standards 5 & 7
Since 2018, the MIDC has approved 8 standards for indigent defense systems. Standards 1-4 have received final approval by the Michigan Department of Licensing and Regulatory Affairs (LARA), as required under the MIDC Act. While only the changes related to Standards 1-4 are currently mandated for local systems, the MIDC has welcomed and funded progress toward the pending standards in many systems, including increased attorney fees or separating maintenance of attorney contracts away from the judiciary.
To encourage forward momentum, the MIDC voted at its October 2019 meeting to request LARA approve Standard 5 (Independence from the Judiciary) separately from the other three remaining minimum standards. Standard 5 limits the role of the judiciary in public defense, ensuring that counsel for indigent defendants are “subject to judicial supervision only in the same manner and to the same extent as retained counsel or the prosecution.” The independence of a public defense system is recognized as one of its most critical characteristics, safeguarding the integrity of the lawyer-client relationship. Standard 7, Qualification and Review, is also on the horizon. This Standard establishes that “[d]efense counsel’s ability, training, and experience match the nature and complexity of the case to which he or she is appointed” and “counsel is systematically reviewed at the local level for efficiency and for effective representation according to MIDC standards.” MCL 780.991(2)(c). The MIDC staff is strongly encouraging local systems to engage its attorneys in training, mentoring, and second chair opportunities well-before Standard 7 becomes mandatory as eligibility for particular case assignments will be affected.
Fortunately, there are opportunities available for attorneys to gain more training and trial experience. Members of SADO’s Criminal Defense Resource Center are provided with a plethora of training opportunities, including a network connecting seasoned defense attorneys with newer attorneys for mentoring and second-chair opportunities. The MIDC is providing free multiple-day simulated trial experiences in areas of the state where trials are uncommon. In the first year, MIDC held 6 trainings in Northern, Western and Mid-Michigan and additional training sessions will be added this year in the South-Central region. Each program offers hands-on experience to the participants in the areas of voir dire, opening statements, cross examination, direct examination, and closing arguments. For any training questions, please contact Marla McCowan, the MIDC’s Director of Training, Outreach and Support.
Determining Indigency: Help Needed from Criminal Defense Attorneys
The Michigan Indigent Defense Commission is in the process of developing a standard to determine a person’s eligibility for assigned counsel in adult criminal cases (also known as indigency screening). The Commission’s staff has prepared a survey seeking insight from criminal defense attorneys about retainers and fees. One possible consideration for the standard is whether the severity of the charge(s) should be connected to the ability to afford an attorney. We need your help! All criminal defense attorneys are invited to take this short anonymous survey at this link. The will allow the MIDC to hear directly from the field as it crafts its indigency standard. Additionally, if you are interested in participating in a focus group about the development of this standard, please contact Regional Manager Nicole Smithson.
The MIDC will meet next on Tuesday, December 17, 2019. The Commission meets at 11:00 a.m. in Lansing and all meetings are open to the public. Information about upcoming meetings, or agendas and minutes from prior meetings can be found on our website. We will continue to post progress about our work and any other developments about indigent defense in Michigan on our website as well.
Email us anytime at:
lara-midc-Info@michigan.gov
Phone: (517) 657-3066
611 W. Ottawa Street,
4th Floor
Lansing, MI 48933
Monday-Friday: 9am to 5pm
Saturday & Sunday: By Appointment Only
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