Continuing Legal Education
Overview:
Michigan Indigent Defense Commission Standard 1 requires that attorneys shall annually complete at least twelve hours of continuing legal education. Attorneys with fewer than two years of experience practicing criminal defense in Michigan shall participate in one basic skills acquisition class (see below). For each calendar year, this requirement must be met by attending qualifying training between January 1 and December 31. The full text of MIDC Standard 1 is here.
New: Review the MIDC’s Guidelines for Trainers and Training Providers.
Additional information:
The Commission published a white paper with extensive information about Standard 1 in the Spring of 2017. The white paper is found on the Commission’s website on the Standard 1 page and available here. The white paper indicates potential compliance plans and training providers for various programs. Other programs may be approved by contacting the MIDC’s Training Director at McCowanM@michigan.gov.
Consequences for failing to meet the annual training requirement:
“The MIDC shall implement minimum standards, rules, and procedures to guarantee the right of indigent defendants to the assistance of counsel as provided under amendment VI of the Constitution of the United States and section 20 of article I of the state constitution of 1963. In establishing minimum standards, rules, and procedures, the MIDC shall adhere to the following principles:…
(e) Indigent criminal defense systems employ only defense counsel who have attended continuing legal education relevant to counsels’ indigent defense clients.” MCL 780.991(2).
A system cannot employ an attorney who has not met the annual CLE requirement of Standard 1 as of December 31 of each calendar year. Absent extraordinary circumstances, any system employing an attorney who has been practicing adult indigent criminal defense in Michigan during the reporting year and who has not completed the annual requirement is not compliant with Standard 1. A system should not assign any further cases to such attorneys after January 1. A system can restore an attorney to eligibility to receive assignments as soon as the attorney completes the annual requirement (meaning, 12 annual CLE hours and/or the requisite skills training after January 1, the annual requirement beginning anew) and who otherwise satisfies the local system’s eligibility requirements.
Exemptions: Attorneys who have not been accepting adult indigent criminal assignments for the entire calendar year (for example, newly licensed Michigan attorneys) or those who have demonstrated extraordinary circumstances (for example, a significant health issue) may have a period until the end of the next calendar year to comply with MIDC Standard 1. Requests for exemptions to compliance must be made to the MIDC’s Training Director at McCowanM@michigan.gov or 517-388-6702 on or after January 1 and will be reviewed by the MIDC’s Training and Evaluation Standards Committee.
Answers to frequently asked questions from attorneys:
Where do I go for classes?
Check with your local funding unit. Some systems are coordinating local programming, but many others allow assigned attorneys to choose a training provider such as CDAM or the SBM. If you do not know who to contact at your funding unit, you can call Deborah at the MIDC office, 517-643-6875.
If an attorney decides to go to a training that is not part of the plan, it could still qualify for credit towards the MIDC’s required 12 hours, but attorneys should always check with the primary contact at the funding unit first to make sure they would get reimbursed and the training would satisfy local requirements. The MIDC sets minimum standards, but an individual system may require more or something specific.
Who pays for training?
The funding unit will pay for training specified in the approved compliance plan through the MIDC grants. Standard 1 makes clear that attorneys do not have to pay for attending training specified by the funding unit in their grants. Many funding units included registration and some travel expenses for attendance.
Can an attorney get paid an hourly rate for their time spent in training?
No, the MIDC did not approve payments for time spent by attorneys in training. However, out of pocket expenses (mileage, hotel, meals) are included in many compliance plans.
Can a funding unit include CDAM dues in a compliance plan to get attorneys a discount on training?
No, state funding cannot be used to pay for CDAM dues.
How does a program get approved for compliance with Standard 1?
Programs will be evaluated for approval based on the topics set forth in MIDC Standard 1 and the relevance to practicing adult indigent criminal defense. If a program is not part of the system’s approved compliance plan, prior approval of attendance at programming not listed in the Commission’s white paper is strongly encouraged. Requests for approval should be sent to the MIDC’s Training Director at McCowanM@michigan.gov.
I’ve been a prosecutor for the last 10 years in Michigan, and now I am practicing criminal defense for the first time in my career. Do I have to take a “basic skills acquisition” course?
Yes. The Standard says: “Attorneys with fewer than two years of experience practicing criminal defense in Michigan shall participate in one basic skills acquisition class.”
How many hours is a “basic skills acquisition” course?
A “basic skills acquisition” course should be a two day-long (or more) program involving an interactive approach to learning, with objectives set forth in the MIDC’s white paper at pp. 11-12. Typically, these programs involve 16-24 hours of hands-on skills training. The courses do not have to be taken on consecutive days. Hypothetically, an attorney may attend CDAM’s Evidence Boot Camp I on one day in April, then Evidence Boot Camp II in June of the same year. This would satisfy the skills training requirement for the year. Note: time spent in skills training counts towards, and can satisfy, the annual CLE requirement.
Can I watch webinars for my annual training requirement?
The first step is to always ask the funding unit about satisfying local requirements for training. If the funding unit allows webinars, the MIDC will record attendance for the attorney signing a certificate with P# and identifying information about the course. The recorded course(s) must be relevant to adult indigent criminal defense representation. NOTE: webinars recorded more than 3 years prior to viewing will not count towards attendance with the MIDC’s annual continuing legal education requirement unless previously approved by the MIDC’s Training Director.
When do I have to finish my classes?
Credits need to be completed each calendar year (January 1 – December 31).
I went to more than 12 hours of training this year. Can I bank my hours for next year?
No. Standard 1 is an annual training requirement for every attorney each year.
I was a presenter at a conference, can I get credit for time spent preparing for my presentation?
Yes. Trainers at approved sessions can get up to 3 hours of prep/development for every 1 hour of training for new sessions (3:1); for repeat sessions, it is a 1:1 ratio.
Where do I send proof that I went to training?
You can email your attendance to LARA-MIDC-cle@michigan.gov. Funding units are encouraged to have attorneys report their time spent in training directly through the MIDC’s continuing legal education database provider, CE Broker. All attorneys accepting adult criminal case assignments in Michigan have access to a free basic account in CE Broker for reporting purposes. Find more information about CE Broker here [.pdf flyer]
I forgot to pick up a CLE event at a training event that I went to. Can I fill one out now?
Sample forms for certifying attendance at a training event or by watching webinars can be found here: