Archive for category: News

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):

• Tuesday January 21, 2020 from 12:00 – 1:00 p.m.
• Wednesday January 22, 2020 from 9:00 – 10:00 a.m.
• Friday January 24, 2020 from 3:00 – 4:00 p.m.

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:

• Increased attorney fees and removals of capped services in many systems;
• The availability of nearly $10 million to fund experts or investigators for indigent clients;
• The creation of sixteen new public defender offices; and
• The training of nearly two thousand criminal defense attorneys accepting assignments statewide, many of whom exceeded the annually required 12 hours of CLE.

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.

The MIDC staff is constantly working to improve the process for reporting by local systems in this initial year of compliance plan implementation.  Please see our grants page for the latest information about program and financial reporting for FY2019:

• NEW: We have updated (June 2019) Compliance Reporting Instructions to assist with the quarterly reporting requirements.
• We also have a checklist to make reporting easy.
• Submit the compliance plan program report (PR) here.
• Use this template for the financial status report (FSR), budget adjustments, and attorney assignments.
• Watch a recorded webinar to answer questions about the first reporting requirements (the handout version of the slides for the webinar is available here).
• Watch our LATEST webinar (recorded March 8, 2019), specifically addressing compliance reporting information, here (and the handout version of the slides for the webinar is available here).

Please feel free to contact a Regional Manager anytime with questions or concerns.

Beginning in November 2017, Michigan’s 134 trial court systems submitted plans for compliance with the MIDC’s first standards for indigent defense delivery services.  Methods of delivering indigent defense services vary greatly, but all systems are required to comply with the MIDC’s standards, which cover: training and education of counsel, the initial client interview, use of investigation and experts, and counsel at first appearance and other critical stages.

As of October 2018, every system’s plan and cost analysis for compliance with the standards was approved by the Commission.  The approved plans have a total system cost of $124,644,357.52; the local contribution is $37,857,148.17; the MIDC portion of funding is $86,828,428.75.  The majority of MIDC funding is for direct services, such as paying attorneys for interviews and appearing at arraignments.  Nearly $10 million is dedicated to paying experts and investigators for the defense.

Pursuant to the MIDC Act, once the local indigent defense systems receive funds, they are required to comply with their plan within 180 days.  Kicking-off this six-month planning phase, fifty percent of the grant will be disbursed up front so the local systems can get started on compliance right away. The remainder of the grant dollars will be available on a quarterly basis through a reporting and disbursement process.  More than half of the systems statewide have received their initial grant award, infusing systems with almost $18 million to ensure that indigent defendants’ sixth amendment rights are being met.  The attached charts detail the grants by region (statewide), and the money distributed to each system as of this date.

December 2018 MIDC update

Read the press release issued by LARA here.

The Michigan Indigent Defense Commission (MIDC), housed in the Department of Licensing and Regulatory Affairs (LARA), has submitted proposed minimum standards for the delivery of indigent defense services to LARA and is seeking public comment. The minimum standards involve independence from the judiciary, caseload controls, qualification and review of attorneys taking appointed cases and attorney compensation. Following a 30-day public comment period, LARA Director Shelly Edgerton will thoroughly review the information provided and a decision will be made on whether to approve the standards.

On January 4, 2017, Gov. Rick Snyder signed legislation to ensure the Michigan Indigent Defense Commission meets state constitutional obligations and maintains independence from the judiciary while continuing its work to maintain a fair indigent criminal defense system in Michigan. The legislation moved the commission from the judicial branch to LARA.

This set of minimum standards was approved by the Michigan Indigent Defense Commission on August 21, 2018, and referred to LARA.

• Independence from the Judiciary
• Caseload Maximums
• Qualification and Review
• Attorney Compensation

Details of each standard can be found on the MIDC’s website.

Pursuant to MCL 780.985 as amended, opposition to a proposed minimum standard should be submitted before December 14, 2018, by email to comments@michiganidc.gov. All comments will be posted on the MIDC website.

Every indigent defense delivery system in Michigan is required to submit a plan for compliance with the standards together with a cost analysis to the MIDC. If the standards are approved, these submissions must be made to the MIDC within 180 days from the date of approval.

The Michigan Indigent Defense Commission was established to create and enforce uniform public defense standards throughout the state. Its members are appointed by the Governor with recommendation of the Legislature, Supreme Court, the State Bar, and representing interests from the criminal justice system and the general public.

Read the press release issued by LARA here.