Read the MIDC’s proposed standard for indigent defense workloads here.
MIDC RAND Time Study Quick Start Guide
MIDC RAND Time Study Users Guide
The Michigan Indigent Defense Commission (MIDC), with the assistance of the RAND Corporation, will be developing maximum caseload standards for the delivery of indigent defense services in Michigan in 2018. These standards will apply to the adult indigent criminal defense caseloads of all attorneys in the state, whether such appointments arise from a contract counsel program, an assigned counsel program, a public defender office, or some combination thereof. The MIDC has been charged by the Legislature with ensuring that the workload assigned to indigent defense counsel does not reach the point where effective representation is jeopardized:
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: … (b) Defense counsel’s workload is controlled to permit effective representation. Economic disincentives or incentives that impair defense counsel’s ability to provide effective representation shall be avoided. The MIDC may develop workload controls to enhance defense counsel’s ability to provide effective representation.
Mich. Comp. Laws § 780.991
Maximum caseload standards are simply tools to help identify when the number and mix of criminal defense cases assigned an attorney are likely to have resulted in workload demands that may adversely impact the attorney’s ability to adequately discharge his or her ethical obligations to clients. Previously recognized maximum recommended caseload standards were developed in 1972 by the National Advisory Counsel (NAC) of the U.S. Department of Justice Task Force on the Courts, and recommended, for example, that indigent defenders take on no more than 150 new felonies or 400 new misdemeanors per year. Such standards are now almost a half century old, do not distinguish case types beyond a few simplistic categories, and, most importantly, do not reflect the particular challenges facing Michigan counsel who represent Michigan defendants in Michigan courtrooms for alleged violations of Michigan law. It is for this reason that the MIDC believes contemporary standards accurately reflecting the Michigan experience are needed to help avoid excessive caseloads that violate the Sixth Amendment.
How The Project Will Collect Information
The project involves three major data collections that will take place sequentially over the next few months. While additional information will be provided to the bar and local indigent defense systems as the launch date for each data collection approaches, the following is a general overview of these steps towards standards development:
The Indigent Defense Time Study
First, RAND will conduct a time study of indigent defense attorneys across the state of Michigan. What this means is that for approximately eight weeks, RAND will be asking attorneys who are appointed to criminal cases on Michigan trial courts to track the time they spend on all appointed cases on behalf of adult indigent defendants. By doing that, we can know how much time, on average, attorneys now spend on various client matters as well as the time expended on certain tasks commonly performed in those cases. Essentially every indigent defense attorney in the state will be invited to take part in the time study. Participation will, of course, be voluntary, but we hope that the critical importance of the caseload standard development work in assuring adequate resources for the future will provide ample incentives for attorneys to assist in this effort.
We will be using an online timekeeping application for the study which attorneys will be able to access from just about any internet-connected device, including desktop computers and smartphones. The application has been designed by JusticeWorks, a developer of case management systems and timekeeping software for indigent defense programs across the country. The application has been tailored to the needs of this project by RAND and the MIDC. Note that only time directly spent on indigent defense cases will be tracked; time spent on other matters (such as privately retained cases, civil court matters, or non-case specific activities) will not be recorded.
As a result of the submission of compliance plans by local indigent defense systems last November, the MIDC has assembled a master list of Michigan indigent defense attorneys and their email addresses. Invitations to participate in the Indigent Defense Time Study and instructions on how to submit time information will be sent to those attorneys by email.
It is vitally important that indigent defense attorneys participate in this time study. While the burden of tracking case-related time for appointed clients over the eight week period is admittedly not trivial, the information gathered will help inform the caseload standards setting process and will make sure that the final results are grounded in reality rather than mere conjecture.
The Attorney Time Sufficiency Survey
While extremely important, the time study will only describe the current reality in Michigan indigent defense, which may not reflect optimal caseload levels. In that light, the second data collection will seek to learn whether the bar believes that these average time expenditures are sufficient for effective and ethical representations. After the time study is complete, we will conduct a brief web-based survey to find out what attorneys think is the minimum amount of time that should be devoted, on average, to criminal defense cases in order to provide adequate legal representation. The survey will present results from the time study and will ask whether or not those averages are reasonable. Essentially every indigent defense attorney in the state will be invited by email to take part in the survey, even if he or she did not participate in the time study.
As was true with the time study, attorney participation in the time sufficiency survey is extremely important. This survey provides an explicit means for the indigent defense bar to voice their opinions as to whether they consistently have enough time available to defend all of their clients in a Constitutionally and professionally responsible manner.
The Caseload Standards Conference
The final data collection activity will involve a session designed to synthesize the opinions of a panel of select attorneys with extensive experience in the delivery of criminal defense in Michigan. After sharing the results of the time study and time sufficiency survey with the panel members, the session will employ the RAND-developed Delphi methodology to build consensus among these attorney experts as to the minimum amount of time that, on average, would be required to provide criminal defendants with adequate legal services in various types of cases.
The output of the Delphi session will be evaluated, and the results used as the basis for the MIDC’s recommended maximum caseload standards. The standards will describe the maximum number of cases of any particular type that can be effectively represented by a full time attorney over one year.
One important area that should be noted are the confidentiality procedures that RAND will follow. None of the results of this work will be published or circulated in a form in which individual attorneys or their clients can be identified. Neither the MIDC, Michigan courts, indigent defense administrators and organizations, nor the defense providers themselves will receive data from the time study or the sufficiency survey that will allow time expenditures or activity information to be linked with individual attorneys or individual cases. Attorneys participating in the time study or the sufficiency survey will be given unique usernames and passwords to log onto the data collection websites, and the crosswalk between those IDs and the attorneys’ names will be destroyed after the project is complete. RAND takes the protection of sensitive information extremely seriously, and complies with stringent federal standards in this area.
Timeline
At the present time, we anticipate that key project events will take place as follows. The timeline is subject to revision by the MIDC and the RAND researchers.
Week of June 4
- Initial announcement about the caseload standards project sent to indigent defense attorneys in Michigan by email.
Week of June 11
- Instructional materials sent to indigent defense attorneys, including announcement of open registration week.
Week of June 18
- Open registration period for participating attorneys begins and continues for one week.
Week of June 25
Weeks of July 2 through August 6
- Weeks 2 through 7 of time study.
Week of August 13
Week of August 20
- Announcement to attorneys that time sufficiency survey will follow end of time study.
Week of August 27
- Time sufficiency survey begins.
Week of September 3
- Time sufficiency survey ends.
Week of September 10
- Caseload standards setting conference in Lansing.
Week of September 17
- Provisional standards delivered to the MIDC.
Additional Information
We plan to periodically this MIDC project webpage with more detailed project timelines, instructions for participating in the indigent defense time study and attorney time sufficiency survey, and notices of upcoming events.
Finally, we reiterate our hope that the indigent defense bar will understand that participation in the data collection efforts described above will have lasting and profound consequences for their profession and for their clients in the years to come.
If you have any questions, please contact Dr. Jonah Siegel, Research Director at the Michigan Indigent Defense Commission by phone (1-517-657-3062) or email (jsiegel@michiganidc.gov). Nicholas M. Pace, project lead at the RAND Corporation, can be reached at nickpace@rand.org or 1-310-393-0411 ext. 6176.
Position Available: Regional Manager (Northern Michigan)
Read the full position description with detailed requirements and apply online here.
Counties covered: Alger, Antrim, Baraga, Benzie, Charlevoix, Cheboygan, Chippewa, Crawford, Delta, Dickinson, Emmet, Gogebic, Grand Traverse, Houghton, Iron, Kalkaska, Keweenaw, Leelanau, Luce, Mackinac, Manistee, Marquette, Menominee, Missaukee, Ontonagon, Otsego, Presque Isle, Schoolcraft, and Wexford.
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
Work Location:
The ideal candidate should be based in a Northern Michigan county as indicated in the position description.
Periodic travel to the MIDC Office in Lansing, Michigan is expected.
For applicants not currently residing or working in the Northern Michigan region: please describe in your cover letter your connection to the area or other reason for interest in the region.
SUBMISSION DEADLINE: August 13, 2018 by 5:00 p.m.
For more information about the position and to apply online click here.
AN EQUAL OPPORTUNITY EMPLOYER
MIDC Budget, Legislative Changes, and Other News – June 2018
June proved to be a busy legislative month for the MIDC. On June 21, Governor Snyder signed the budget approving $84 million to pay for all approved MIDC compliance plans in the next fiscal year. Now that the appropriations process is over, local systems should be preparing for implementation and regrouping their planning teams. Pursuant to the MIDC Act, indigent defense systems are required to comply with their plan within 180 days after receiving funding. The MIDC staff will be working with all funding units to assist with the implementation process and local systems should expect to work with their regional managers on the next steps.
The House and Senate passed House Bill 5985, which expands the authority of the Commission to:
The legislation also:
The bill is expected to be signed soon by the governor and will be effective 180 days thereafter. If there are any questions about the pending legislation, please contact MIDC’s legislative director, Marcela Westrate.
Aside from legislative business, the Commission reviewed the final compliance plans on June 12, approving 23 plans. The plans and/or costs that were disapproved were submitted by Isabella County, Montcalm County, Oakland County (6th Circuit Court and 52nd District Courts), 43-1 District Court (Hazel Park), and the 17th District Court (Redford). These plans will proceed into mediation, pursuant to the MIDC Act.
Lastly, the MIDC heard public comment on the next set of standards which address the need for independence from the judiciary, defender workload limitations, qualification and review of attorneys accepting assignments in adult criminal cases, and economic disincentives and incentives. The public comment period is now closed for these standards, but concerns can be communicated to Regional Managers at any time.
The MIDC will meet next on August 21, 2018. The Commission meets at 1:00 p.m. in Lansing for and all meetings are open to the public. Information about upcoming meetings, or agendas and minutes from prior meetings can be found on our website. We will continue to post progress about our work and any other developments about indigent defense in Michigan on our website as well.
MIDC Informational Webinar on the Next Proposed Standards
The MIDC staff hosted a webinar to provide information about the next proposed standards.
The MIDC’s public hearing on the next standards is June 12, 2018 beginning at 1 p.m.
The next standards address independence from the judiciary, caseloads for assigned counsel, qualification and review of attorneys, and economic incentives and disincentives. Read the standards here.
Send comments on the standards to comments@michiganidc.gov through June 12, 2018.
MIDC and RAND Caseload Study
Read the MIDC’s proposed standard for indigent defense workloads here.
MIDC RAND Time Study Quick Start Guide
MIDC RAND Time Study Users Guide
The Michigan Indigent Defense Commission (MIDC), with the assistance of the RAND Corporation, will be developing maximum caseload standards for the delivery of indigent defense services in Michigan in 2018. These standards will apply to the adult indigent criminal defense caseloads of all attorneys in the state, whether such appointments arise from a contract counsel program, an assigned counsel program, a public defender office, or some combination thereof. The MIDC has been charged by the Legislature with ensuring that the workload assigned to indigent defense counsel does not reach the point where effective representation is jeopardized:
Mich. Comp. Laws § 780.991
Maximum caseload standards are simply tools to help identify when the number and mix of criminal defense cases assigned an attorney are likely to have resulted in workload demands that may adversely impact the attorney’s ability to adequately discharge his or her ethical obligations to clients. Previously recognized maximum recommended caseload standards were developed in 1972 by the National Advisory Counsel (NAC) of the U.S. Department of Justice Task Force on the Courts, and recommended, for example, that indigent defenders take on no more than 150 new felonies or 400 new misdemeanors per year. Such standards are now almost a half century old, do not distinguish case types beyond a few simplistic categories, and, most importantly, do not reflect the particular challenges facing Michigan counsel who represent Michigan defendants in Michigan courtrooms for alleged violations of Michigan law. It is for this reason that the MIDC believes contemporary standards accurately reflecting the Michigan experience are needed to help avoid excessive caseloads that violate the Sixth Amendment.
How The Project Will Collect Information
The project involves three major data collections that will take place sequentially over the next few months. While additional information will be provided to the bar and local indigent defense systems as the launch date for each data collection approaches, the following is a general overview of these steps towards standards development:
The Indigent Defense Time Study
First, RAND will conduct a time study of indigent defense attorneys across the state of Michigan. What this means is that for approximately eight weeks, RAND will be asking attorneys who are appointed to criminal cases on Michigan trial courts to track the time they spend on all appointed cases on behalf of adult indigent defendants. By doing that, we can know how much time, on average, attorneys now spend on various client matters as well as the time expended on certain tasks commonly performed in those cases. Essentially every indigent defense attorney in the state will be invited to take part in the time study. Participation will, of course, be voluntary, but we hope that the critical importance of the caseload standard development work in assuring adequate resources for the future will provide ample incentives for attorneys to assist in this effort.
We will be using an online timekeeping application for the study which attorneys will be able to access from just about any internet-connected device, including desktop computers and smartphones. The application has been designed by JusticeWorks, a developer of case management systems and timekeeping software for indigent defense programs across the country. The application has been tailored to the needs of this project by RAND and the MIDC. Note that only time directly spent on indigent defense cases will be tracked; time spent on other matters (such as privately retained cases, civil court matters, or non-case specific activities) will not be recorded.
As a result of the submission of compliance plans by local indigent defense systems last November, the MIDC has assembled a master list of Michigan indigent defense attorneys and their email addresses. Invitations to participate in the Indigent Defense Time Study and instructions on how to submit time information will be sent to those attorneys by email.
It is vitally important that indigent defense attorneys participate in this time study. While the burden of tracking case-related time for appointed clients over the eight week period is admittedly not trivial, the information gathered will help inform the caseload standards setting process and will make sure that the final results are grounded in reality rather than mere conjecture.
The Attorney Time Sufficiency Survey
While extremely important, the time study will only describe the current reality in Michigan indigent defense, which may not reflect optimal caseload levels. In that light, the second data collection will seek to learn whether the bar believes that these average time expenditures are sufficient for effective and ethical representations. After the time study is complete, we will conduct a brief web-based survey to find out what attorneys think is the minimum amount of time that should be devoted, on average, to criminal defense cases in order to provide adequate legal representation. The survey will present results from the time study and will ask whether or not those averages are reasonable. Essentially every indigent defense attorney in the state will be invited by email to take part in the survey, even if he or she did not participate in the time study.
As was true with the time study, attorney participation in the time sufficiency survey is extremely important. This survey provides an explicit means for the indigent defense bar to voice their opinions as to whether they consistently have enough time available to defend all of their clients in a Constitutionally and professionally responsible manner.
The Caseload Standards Conference
The final data collection activity will involve a session designed to synthesize the opinions of a panel of select attorneys with extensive experience in the delivery of criminal defense in Michigan. After sharing the results of the time study and time sufficiency survey with the panel members, the session will employ the RAND-developed Delphi methodology to build consensus among these attorney experts as to the minimum amount of time that, on average, would be required to provide criminal defendants with adequate legal services in various types of cases.
The output of the Delphi session will be evaluated, and the results used as the basis for the MIDC’s recommended maximum caseload standards. The standards will describe the maximum number of cases of any particular type that can be effectively represented by a full time attorney over one year.
One important area that should be noted are the confidentiality procedures that RAND will follow. None of the results of this work will be published or circulated in a form in which individual attorneys or their clients can be identified. Neither the MIDC, Michigan courts, indigent defense administrators and organizations, nor the defense providers themselves will receive data from the time study or the sufficiency survey that will allow time expenditures or activity information to be linked with individual attorneys or individual cases. Attorneys participating in the time study or the sufficiency survey will be given unique usernames and passwords to log onto the data collection websites, and the crosswalk between those IDs and the attorneys’ names will be destroyed after the project is complete. RAND takes the protection of sensitive information extremely seriously, and complies with stringent federal standards in this area.
Timeline
At the present time, we anticipate that key project events will take place as follows. The timeline is subject to revision by the MIDC and the RAND researchers.
Week of June 4
Week of June 11
Week of June 18
Week of June 25
Weeks of July 2 through August 6
Week of August 13
Week of August 20
Week of August 27
Week of September 3
Week of September 10
Week of September 17
Additional Information
We plan to periodically this MIDC project webpage with more detailed project timelines, instructions for participating in the indigent defense time study and attorney time sufficiency survey, and notices of upcoming events.
Finally, we reiterate our hope that the indigent defense bar will understand that participation in the data collection efforts described above will have lasting and profound consequences for their profession and for their clients in the years to come.
If you have any questions, please contact Dr. Jonah Siegel, Research Director at the Michigan Indigent Defense Commission by phone (1-517-657-3062) or email (jsiegel@michiganidc.gov). Nicholas M. Pace, project lead at the RAND Corporation, can be reached at nickpace@rand.org or 1-310-393-0411 ext. 6176.
Spring 2018 Update
For the past six months, the Michigan Indigent Defense Commission has reviewed and finalized compliance plan approvals for the first set of standards for indigent defense systems across the state. These standards cover training and education for assigned counsel, initial interviews, use of experts and investigators, and counsel at first appearance and all critical stages of the proceedings. From December 2017 through April 17, 2018, the MIDC approved plans from 80 percent of all funding units statewide and only a handful remain. The last set of resubmissions are due on May 21, 2018 and will be reviewed by the MIDC during its June meeting.
Now that the majority of the plans are approved, local systems should be preparing for implementation. Pursuant to the MIDC Act, indigent defense systems are required to comply with their plan within 180 days after receiving funding. While Michigan’s legislative appropriation cycle is still ongoing, funding is expected to be available by late 2018. The MIDC staff will be continuously available to assist with the implementation process and systems should expect to work with their regional managers on the next steps.
Local systems should also be familiar with the next set of standards published for comment by the MIDC, which can be found here. These 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 disincentives and incentives.
The MIDC is still accepting public comment on these new standards and will be holding a public hearing on June 12, 2018 to address remaining concerns. All stakeholders are encouraged to participate either by attending the meeting or sending comments in advance to comments@michiganidc.gov.
Additionally, the MIDC staff will be hosting an informational webinar on June 5 at 12:30pm to provide an overview of the new standards prior to the public hearing. The webinar will be recorded and posted on the MIDC website for those that cannot attend. Please register for the webinar in advance here.
The MIDC is excited to announce additions to its agency. In February 2018, Loren Khogali began her tenure as the new Executive Director of the MIDC. Most recently Loren was an attorney for 13 years with the Federal Public Defender Office in Detroit where she advocated on behalf of indigent persons charged with federal crimes at the trial, appellate and post-conviction stages. During her time at the Federal Defender Office, she participated in the development and leadership teams for the Court’s reentry and alternative to prison programs. Since 2005, Loren has also served in a variety of leadership roles for the board of directors of the ACLU of Michigan, including serving as board chair.
Also in February 2018, Governor Rick Snyder appointed Kristina Robinson as the newest Commissioner of the MIDC to serve as the nominee of the Chief Justice of the Supreme Court. Ms. Robinson is general counsel for the Wayne County Sheriff’s Office and previously served as the director of legal research and analysis. She is a member of the Major County Sheriffs of America legal affairs committee, the legal officers section of the International Association of Chiefs of Police and is a board member for Urban League of Detroit and Southeastern Michigan.
Information about all of the MIDC’s accomplishments and activities in 2017 are captured in the MIDC’s annual Impact Report, found on our website.
The MIDC will meet next on June 12, 2018 to review compliance plans and to host a public hearing on its proposed Standards 5 through 8. The Commission meets at 10:00 a.m. in Lansing for the business agenda, and the public hearing on the next standards will begin at 1:00 p.m. that same day. All meetings are open to the public. Information about upcoming meetings, or agendas and minutes from prior meetings can be found on our website. We will continue to post progress about our work and any other developments about indigent defense in Michigan on our website as well.
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.
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.
6th Amendment Center Releases Report Evaluating Wayne County Defender Office
A new report released by the Sixth Amendment Center (6AC) has identified deficiencies in indigent legal services in Wayne County. The report further concludes the State Defender Office of the Metropolitan Justice Center of Southeast Michigan requires greater funding to ensure all residents receive their Constitutional right to counsel.
The report was prepared by the 6th Amendment Center at the request of Wayne County through an innovation grant awarded to the system by the MIDC in the fall of 2017.
Read the report and summary on the 6th Amendment Center’s website.
Read the press release here.
Additional coverage can be found here.