LARA approves remaining Michigan Indigent Defense Commission standards to better ensure Michiganders right to a fair trial
OCTOBER 24, 2023 – Today LARA has formally approved the two remaining minimum standards submitted by the Michigan Indigent Defense Commission (MIDC), known as Standard 6 and Standard 7. The full approval of these new Standards will continue the MIDC’s mission of ensuring quality defense is provided to all eligible adults facing criminal charges.
Standard 6 limits an individual public defender to 150 felonies or 400 misdemeanor cases per year, so that attorneys have adequate time to prepare and effectively represent each client.
Standard 7 establishes a minimum standard of qualifications and review for public defenders consistent with the MIDC Act’s requirement that “Defense counsel’s ability, training, and experience match the nature and complexity of the case to which he or she is appointed.”
“We all benefit from a justice system that provides a fair trial to every person facing criminal charges” said Marlon I. Brown, Acting Director of the Department of Licensing and Regulatory Affairs. “It is critical that everyone, regardless of their economic status, has access to an experienced attorney who can properly prepare and argue their case. These new Standards help us deliver on the promise of a right to counsel for all. I applaud the Michigan Indigent Defense Commission for advancing common-sense, evidence-based guidelines that will improve public defense and strengthen our justice system.”
“A fair and effective justice system needs attorneys who are properly trained and have the capacity to appropriately represent their clients,” said Chief Justice Elizabeth T. Clement. “With implementation of these standards, Michigan takes another significant step toward making our justice system a model for the nation that is trusted by all.”
The MIDC estimates the new standards will cost $12.8 million to implement. The MIDC Act requires that every indigent defense delivery system in Michigan submit a plan for compliance with these standards once they are approved by the Director of the Michigan Department of Licensing and Regulatory Affairs, which oversees the MIDC. These submissions must be made to the MIDC within 180 days from the date of approval.
“In the ten years since the creation of the MIDC, we have transformed our state’s system of public defense” said MIDC Chair Christine Green. “Before our standards existed, lawyers were underpaid and overworked, often struggling to find time to file motions, thoroughly investigate a case, or meet clients before their first day in court. But because of the collaboration and hard work of the MIDC and our local systems, we are making a positive impact in our communities. The adoption of Standards 6 and 7 is another step toward establishing Michigan as the leader for providing quality legal counsel for all Michiganders.”
The MIDC was established in 2013 to ensure that criminal defense services are delivered to all indigent adults in this State consistent with the safeguards of the United States Constitution, the Michigan Constitution of 1963, and with the MIDC Act. The MIDC was appropriated $220 million in the 2023-24 fiscal year budget to provide grants to local indigent defense systems as they come into compliance with minimum standards of providing public defense.