Incentivizing Quality Indigent Defense Representation – Recommendations for Reforming Compensation Mechanisms in Michigan

A new report released by the Michigan Indigent Defense Commission examines the financial incentives and disincentives inherent to the compensation structures utilized in many local indigent defense systems throughout Michigan, making a case for critical reform tied to proposed Standard 8, Economic Incentives and Disincentives.

From our agency’s inception, it has been clear that addressing the issue of economic incentives and disincentives would be one of the Michigan Indigent Defense Commission’s (MIDC) most formidable and complicated challenges. Disincentives to providing quality representation are endemic to many indigent defense systems, both throughout Michigan and nationally. Without reform, such disincentives will continue to disservice attorneys, taxpayers, and indigent defense clients, whose liberty and well-being are at risk. –– MIDC Chair Michael Puerner

The report reviews the current incentive mechanisms utilized by systems across the state and discusses the strengths and weaknesses of each. It then offers a series of recommendations for local systems to implement compensation structures that directly encourage attorneys to provide effective representation. Please see the report here for both an executive summary and the full text.

Incentivizing Quality Indigent Defense Representation

Public Hearing on Proposed Standards to be held June 12, 2018

The Michigan Indigent Defense Commission will hold a public hearing on proposed Standards 5, 6, 7, and 8 in Lansing, Michigan during the Commission meeting to be held on June 12, 2018.

The proposed standards address the need for independence from the judiciary, defender workload limitations, qualification and review of attorneys accepting assignments in adult criminal cases, and economic incentives and disincentives.  Read the full text of the standards here.

Download the complete packet of standards here.

Comments on the proposed standards can be sent to the MIDC via email at comments@michiganidc.gov or mailed to the MIDC’s office at 200 N. Washington Square, 3rd Floor, Lansing, MI 48913.

Comments are due no later than June 12, 2018.

2017 Annual Report

The MIDC is required to publish an annual report pursuant to M.C.L. §780.999.  The 2017 Report Planning for Change 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).

Standards – Complete Packet Available to Print

The complete packet of minimum standards for indigent defense delivery systems is available to download from the MIDC’s website here.  Standards 1, 2, 3, and 4 have been approved by the Department of Licensing and Regulatory Affairs effective May 22, 2017.   Information for funding units can be found on our website here including contact information for our Regional Managers working statewide.

Standards 5, 6, 7 and 8 have been proposed by the MIDC and a comment period is open until June12, 2018.

Read the complete packet of standards here.

Visit our standards page for more information.

Commission Meetings and Minutes

The Michigan Indigent Defense Commission meets regularly in Lansing.  Information about upcoming meetings and minutes from all meetings can be found on the MIDC’s website.

View our calendar.

Read about our Commissioners.

Position Available: Regional Manager (South Central Michigan)

SUBMISSION DEADLINE: February 12, 2018 by 5:00 p.m.

Apply online by clicking here.

Regional Manager: South Central Michigan

Counties covered:  Clinton, Eaton, Genesee, Gratiot, Hillsdale, Ingham, Jackson, Lenawee, Livingston, Monroe, Shiawassee, and Washtenaw.

Summary

The Michigan Indigent Defense Commission (MIDC) is seeking a Regional Manager to facilitate the creation of superior systems for representation of indigent clients charged with crimes. Regional Managers provide direction and guidance to indigent defense delivery systems around the state on compliance with MIDC-enacted standards. They serve as the liaisons between local systems and the MIDC.

This challenging and rewarding opportunity will require the skills of a diplomat and knowledge of indigent defense systems and models.  Regional Managers must have a thorough working knowledge of the MIDC Act and a wide variety of models of indigent defense delivered locally in Michigan and nationwide.  Successful candidates will work with criminal justice stakeholders to design the most appropriate plans for meeting minimum standards for indigent defense in a particular county or system.

Essential Duties and Responsibilities

  • Meet with partners in the local indigent defense delivery system(s) in the designated region including but not limited to county commissioners, administrators, staff, and other local government representatives, and assist with the coordination of compliance plans for MIDC Standards and best practices;
  • Identify and meet with many key members of the local criminal justice systems including court staff, judges, criminal defense attorney practitioners, prosecutors and jail staff, to collaborate on compliance with MIDC standards for best practices in indigent defense representation;
  • Prepare and deliver presentations about the work of the MIDC to all system stakeholders;
  • Offer practical and innovative solutions at the local level for indigent defense reform;
  • Assist on other projects as assigned.

Education and Experience

Preferred candidates will have a juris doctor degree and experience representing indigent clients.  A minimum of five years of progressively more responsible work experience working in court, public, or business administration, or representing indigent clients is desired.  A bachelor’s degree is required, and a master’s degree in public or business administration or a juris doctor from an accredited law school may be substituted for two years of experience.

Certificates, Licenses, Registrations

Due to significant travel within the region, an individual with a valid driver’s license and insured vehicle is required.

Work Location:

The ideal candidate should be based in a South Central Michigan county as indicated in the position description.

Periodic travel to the MIDC Office in Lansing, Michigan is expected.

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For applicants not currently residing or working in the South Central Michigan region: please describe in your cover letter your connection to the area or other reason for interest in the region.

SUBMISSION DEADLINE: February 12, 2018 by 5:00 p.m.

AN EQUAL OPPORTUNITY EMPLOYER

MIDC Special Meeting Agenda

The Michigan Indigent Defense Commission will be meeting on January 5, 2018 beginning at 10 a.m. for the purpose of reviewing compliance plans submitted by Michigan trial court funding units.

Agenda

Note that the agenda includes the list of plans for January 5, 2018 and January 8, 2018. Please note that some or all plans scheduled for January 8 review will be shifted to January 5 if time permits

Webinars Available for Compliance Planning

The MIDC staff conducted a series of webinars for funding units around Michigan during the month of September.  Each session lasted approximately one-hour, and all are available to view online.  The webinars provided an overview of the compliance plan materials and walked participants through the application itself.  The sessions were facilitated by Rebecca Mack, the MIDC’s Grant Manager, and by Marla McCowan, the MIDC’s Director of Training, Outreach & Support.  Regional Managers moderated an interactive question and answer session at the end of each presentation.

Use these links to view the webinar for the Western Michigan region, the Mid-Michigan region, the South Central Michigan region, the Northern Michigan region, the Oakland/Macomb/St. Clair/Lapeer region, and the Wayne County region.

A handout for the PowerPoint presentation is here.  Additional materials are available on our grants page.

A webinar detailing instructions for funding units to register for the MIDC portal, used to upload compliance plans and related documents, can be found here:

 

MIDC Publishes Compliance Plan Application, Instructions for Submission, and Sample Plans

This spring the Department of Licensing and Regulatory Affairs approved the MIDC’s first four standards for indigent criminal defense services.  Those first four standards cover training and education of counsel, the initial client interview, use of investigation and experts, and counsel at first appearance and other critical stages.

Every court funding unit in Michigan is required to submit a plan for compliance with the first four standards for indigent defense, along with a cost analysis, to the MIDC no later than November 20, 2017.

The full text of the approved standards can be found on the MIDC’s website.

The MIDC has approved several documents to assist funding units with compliance planning for MIDC Standards 1, 2, 3, and 4.  The Commission has published a detailed application with instructions for completing the form, a guide for submission of compliance plans, cost analyses, and local share calculations, as well as sample plans for a variety of systems to consider.  The MIDC has Regional Managers working statewide to assist with compliance planning.  Application workshops will be conducted throughout September for work group members to attend via webinar.

See our grants tab for more information.

Report: Attorney Perspectives on Michigan’s Criminal Indigent Defense System

The Michigan Indigent Defense Commission (MIDC) is tasked with developing and overseeing the implementation of minimum standards to ensure that all indigent adults within the state have access to quality criminal defense services. To guide implementation and measure compliance with these standards, the MIDC is also responsible for conducting research that illuminates current practices and stakeholder perspectives. As the backbone of indigent representation, publicly appointed criminal defense attorneys must be at the center of systemic reform efforts. To learn more about their experiences representing indigent clients, the MIDC surveyed attorneys who take adult criminal indigent cases in Michigan’s 83 counties.  The survey was made available to all attorneys accepting adult criminal indigent cases and was distributed between February and April of 2016.

Read the report here.