Archive for category: Publications

August 7, 2020 – Pursuant to its enabling statute, the Michigan Indigent Defense Commission (MIDC) has proposed a minimum standard on eligibility for appointment of counsel.  The MIDC Act requires that the Commission “promulgate objective standards for indigent criminal defense systems to determine whether a defendant is indigent or partially indigent” and “determine the amount a partially indigent defendant must contribute to his or her defense.”  MCL 780.991, Sec. 11(3)(e)-(f).

The proposed standard can be read here.

Printer Friendly: MIDC Proposed Standard for Determining Indigency and Contribution

Following a 30-day public comment period, the MIDC will hold a public hearing on Tuesday September 15, 2020 by Zoom.  Information regarding the public hearing will be made available on the MIDC website.

Written public comment for consideration by the Commission should be submitted before September 14, 2020 to LARA-MIDC-Info@michigan.gov. Alternatively, comments can be sent by that date to the MIDC’s Office, 200 N. Washington Square, 3^rd Floor, Lansing, MI 48913.  All comments will be posted and available on the MIDC website.

Every indigent defense funding unit in Michigan is required to submit an annual plan for compliance with the approved standards and a corresponding and cost analysis to the MIDC.  Once a standard is approved, systems must submit a plan for compliance with the standard and a cost analysis within 180 days of approval by LARA.

The MIDC was created to improve legal representation for indigent persons charged as adults with criminal offenses.  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 and the Michigan Constitution of 1963, and with the Michigan Indigent Defense Commission Act.

 

The Michigan Indigent Defense Commission approved the publication of a Grant Manual at the Commission’s June 16, 2020 meeting.  The Grant Manual is created for the convenience of stakeholders seeking information about compliance with the MIDC’s standards and the contracts issued to indigent criminal defense systems pursuant to an approved plan and cost analysis.  The Commission makes policy determinations regarding funding for the standards.  The MIDC’s staff serves as liaisons between stakeholders and the Commission and are responsible for bringing novel questions to the Commission for consideration and action.  The Grant Manaul is designed to capture decisions that the Commission has made through action on prior plans and costs for compliance with the standards. This manual will be revised regularly to reflect policy decisions by the Commission and made available on the Commission’s public website. Notifications of updates will be communicated to local funding units.

MIDC 2020 Grant Manual [.pdf document]

In addition to this manual, other relevant information is on the MIDC’s grants page to assist systems with compliance planning and reporting.

The MIDC Act, in its entirety, is the primary document governing MIDC activities and should be referred to for full context of excerpted materials in the Grant Manual.

At the end of March, the Michigan Indigent Defense Commission (MIDC) sought information from assigned counsel about their ability to meet with clients and participate in hearings during the COVID-19 pandemic.  The MIDC was grateful to receive over 500 responses to this survey, and the Commission made clear at a special meeting on March 27, 2020 that (1) the MIDC minimum standards remain in effect and (2) attorneys should be provided technological means to meaningfully participate in hearings and meet with clients.

The Commission will be meeting again on April 21st and is again asking for information from assigned counsel about whether they are able to adequately participate in those hearings, and if not – what is needed to be able to participate.  This survey is short but very important to allow the Commission to continue to respond to the ever-changing needs of the indigent defense community.  Please take a few minutes to respond: http://obsurvey.com/survey/Follow-up-Attorney-Client-Access-and-COVID-19

The survey is anonymous.  However, if you are want to have an MIDC Regional Manger follow up on the information you provided in your survey, please provide your contact information in the optional section.  We appreciate your assistance in continuing to gather this important information.

Loren Khogali, Executive Director

Michigan Indigent Defense Commission

khogalil@michigan.gov

Cell: (517) 275-2845

These have been an unprecedented couple of weeks as stakeholders in the criminal justice system adjust operations to mitigate the spread of COVID-19.  The Governor and the Michigan Supreme Court as well as local governments have made critical and significant changes that limit in-person contact and impact the way in which attorneys and indigent defendants are accessing courts in order to stop the transmission of COVID-19 and protect public safety.

The MIDC is gathering information to help assess whether remote access to counsel is being provided for the purpose of conducting attorney-client meetings under Standards 2 and counsel at first appearance under Standard 4.  We have created a very brief survey to help us track this information.  Please take a couple of minutes to help us gather this information.  Click this link to complete the MIDC attorney survey.

Take the Survey here.

The survey is anonymous.  However, if you are willing to have an MIDC Regional Manger follow up on the information you provided in your survey, please provide your contact information in the optional section.

We appreciate your assistance in gathering this important information.

Sincerely,

Loren Khogali, Executive Director