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MIDC Publishes Grant Manual to Assist Local Systems with Compliance Planning and Reporting
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.
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.
MIDC Meeting – Online Access June 16, 2020
The Michigan Indigent Defense Commission will meet online on Tuesday June 16, 2020 at 11:00 a.m. pursuant to Executive Order 2020-110 (COVID-19) and Executive Order 2020-75 (remote participation in public meetings).
Individuals wishing to provide input or ask questions on any business before the Commission may participate by telephone or video, or may email questions to Deborah Mitchell at MitchellD20@michigan.gov. Please contact Ms. Mitchell if you require special assistance accessing this meeting.
Governor Whitmer makes appointments to MIDC
On May 22, 2020 Governor Whitmer announced the following appointments to the Michigan Indigent Defense Commission:
Joshua Blanchard, of Greenville, is a partner at Miel & Carr, PLC d/b/a Blanchard Law. He earned his Juris Doctor degree from the Thomas M. Cooley Law School. Mr. Blanchard is appointed to represent a member submitted by the Criminal Defense Attorneys of Michigan for a term commencing May 22, 2020 and expiring April 1, 2024. He succeeds Frank Eaman whose term expired April 1, 2020.
David W. Jones, of Detroit, is a partner with Allen Brothers, PLLC. He earned his Juris Doctor degree from the University of Detroit Mercy. Mr. Jones is appointed to represent a member submitted by the State Bar of Michigan for a term commencing June 2, 2020 and expiring April 1, 2022. He succeeds Nancy Diehl who has resigned effective June 1, 2020.
Kristina Robinson Garrett, of Detroit, is a judge with the 36th District Court of the City of Detroit. She earned her Juris Doctor degree from the University of Detroit Mercy School of Law. Judge Robinson Garrett is appointed to represent a member submitted by the Michigan District Judges Association for a term commencing May 22, 2020 and expiring April 1, 2022. She succeeds Thomas Boyd who has resigned.
The Michigan Indigent Defense Commission was created as a result of efforts to improve legal representation for indigent criminal defendants. 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, the State Constitution of 1963, and with the Michigan Indigent Defense Commission Act.
These appointments are not subject to the advice and consent of the Senate.
Read the full press release here.
Follow Up Survey for Defense Counsel: COVID-19 Impact on MIDC Standards
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
MIDC Meeting – Online Access: April 21, 2020
The Michigan Indigent Defense Commission will meet online on Tuesday April 21, 2020 at 11:00 a.m. pursuant to Executive Order 2020-42 (COVID-19) and Executive Order 2020-48 (remote participation in public meetings).
Individuals wishing to provide input or ask questions on any business before the Commission may participate by telephone or video, or may email questions to Deborah Mitchell at MitchellD20@michigan.gov. Please contact Ms. Mitchell if you require special assistance accessing this meeting.
Survey for Defense Counsel: COVID-19 Impact on MIDC Standards
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.
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
COVID-19: Court Information about Essential Functions, Links to Resources
The Michigan Supreme Court announced today that following the guidance of Governor Whitmer’s “Stay Home, Stay Safe” executive order, the Court’s Administrative Order 2020-2 remains in effect. As described in AO 2020-2, trial courts must continue to operate to provide essential functions. Essential functions include arraignments for in custody defendants. The Supreme Court’s Administrative Order makes clear that “[t]o the extent possible and consistent with MCR 6.006 and a defendant’s constitutional and statutory rights“, courts should conduct certain hearings remotely using two-way interactive video technology or other remote participation tools. Comprehensive information from the Michigan Supreme Court about the Judicial branch’s response to COVID-19 can be found on their website.
The Brennan Center for Justice is compiling the formal policy responses of federal courts, immigration courts, and state courts to the COVID-19 public health crisis.
The Marshall Project has a Coronavirus Tracker: How Justice Systems are Responding in Each State.
Wayne State University’s Center for Behavioral Health and Justice has links to resources for criminal/legal institutions.
Read the Michigan Indigent Defense Commission’s letter to indigent defense stakeholders making clear the MIDC’s Standards remain in effect during the State of Emergency (March 30, 2020) [.pdf]
Webinar by MIDC Staff – MIDC Standard 4 during the COVID-19 Pandemic
NEW: COVID-19 issue preservation training video (recorded May 19, 2020), handout, and form to request CLE credit.
Additional links for indigent defense counsel:
The Michigan State Appellate Defender Office has created a webpage of COVID-19 Pleadings and Resources for attorneys and advocates.
The training division of the Federal Defender Services Organization has also created a webpage of resources for defenders.
Special Meeting – Online Access – March 27, 2020
The Michigan Indigent Defense Commission will hold a special emergency meeting on Friday March 27, 2020 at 1:00 p.m. pursuant to Executive Order 2020-21 (COVID-19) and Executive Order 2020-15 (remote participation in public meetings).
Individuals wishing to provide input or ask questions on any business before the Commission may participate by telephone or video, or may email questions to Deborah Mitchell at MitchellD20@michigan.gov. Please contact Ms. Mitchell if you require special assistance accessing this meeting.
Governor Whitmer Reappoints Buddin, Shea, Swor to MIDC
On March 18, 2018 Governor Gretchen Whitmer announced the reappointment of Kimberly Buddin, John Shea, and William W. Swor.
Kimberly Buddin, of Novi, is policy counsel for the ACLU of Michigan and a VAWA/U-Visa pro-bono attorney for the Michigan Immigrant Rights Center. She earned her Juris Doctor degree from the Michigan State University College of Law. Ms. Buddin is reappointed to represent a member submitted by a bar association whose primary mission or purpose is to advocate for minority interests, for a term commencing April 2, 2020 and expiring April 1, 2024.
John A. Shea, of Chelsea, is an attorney with his private practice, John A. Shea, Attorney at Law and a member of the Criminal Defense Attorneys of Michigan. Mr. Shea is reappointed to represent members submitted by the Criminal Defense Attorneys of Michigan for a term commencing April 2, 2020 and expiring April 1, 2024.
William W. Swor, of Grosse Pointe Woods, is an attorney and the principal with Swor and Associates Law Firm and a member of the Criminal Defense Attorneys of Michigan Board of Directors. He earned his Juris Doctor degree from the Wayne State University Law School. Mr. Swor is reappointed to represent members submitted by the Criminal Defense Attorneys of Michigan for a term commencing April 2, 2020 and expiring April 1, 2024.
The Michigan Indigent Defense Commission was created as a result of efforts to improve legal representation for indigent criminal defendants. 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, the State Constitution of 1963, and with the Michigan Indigent Defense Commission Act.
These appointments are not subject to the advice and consent of the Senate.
Read the full press release here.
Compliance Forms Available for Funding Units; Staff to Host Webinars for FY 2021 Planning
During the spring of 2020 the MIDC will begin accepting compliance plans and cost analyses from all trial court funding units in Michigan. Please check our Grants page for the following documents:
Join the MIDC staff for a webinar to help with completing and submitting the FY 2021 compliance plan and cost analysis:
Note: the webinars will be identical in content and will be recorded and posted for later viewing on the MIDC’s website. Attendees will receive a link to join the webinar the morning of the session.