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.

From our agency’s inception, it has been clear that addressing the issue of economic incentives and disincentives would be one of the Michigan Indigent Defense Commission’s (MIDC) most formidable and complicated challenges. Disincentives to providing quality representation are endemic to many indigent defense systems, both throughout Michigan and nationally. Without reform, such disincentives will continue to disservice attorneys, taxpayers, and indigent defense clients, whose liberty and well-being are at risk. –– MIDC Chair Michael Puerner

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.

“For sixteen years, the State Defender Office (SDO) in Wayne County received the same funding despite increased caseloads, and increased overhead expenses assessed by the SDO’s governing board,” stated 6AC Executive Director David Carroll. “Public defense attorneys are prevented from providing effective representation because they lack sufficient time, resources, and support staff to properly prepare cases.”

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.

 

 

Commission Meetings and Minutes

The Michigan Indigent Defense Commission meets regularly in Lansing.  Information about upcoming meetings and minutes from all meetings can be found on the MIDC’s website.

View our calendar.

Read about our Commissioners.

Governor Appoints Kristina Robinson to MIDC

Governor Rick Snyder recently announced the appointment of Kristina Robinson of Detroit to the Michigan Indigent Defense Commission.

“I thank Kristina for ensuring the people of Michigan have access to proper legal counsel,” Snyder said.

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. Robinson holds a bachelor’s degree in psychology and a law degree form the University of Detroit Mercy School of Law. She will serve as the nominee of the Chief Justice of the Supreme Court and fill a vacancy created by the resignation of Kevin Offner.

Robinson will serve the remainder of a four-year term expiring April 1, 2019.

Read the full press release here.

Read about the Commissioners here.

Position Available: Regional Manager (South Central Michigan)

SUBMISSION DEADLINE: February 12, 2018 by 5:00 p.m.

Apply online by clicking here.

Regional Manager: South Central Michigan

Counties covered:  Clinton, Eaton, Genesee, Gratiot, Hillsdale, Ingham, Jackson, Lenawee, Livingston, Monroe, Shiawassee, and Washtenaw.

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

  • Meet with partners in the local indigent defense delivery system(s) in the designated region including but not limited to county commissioners, administrators, staff, and other local government representatives, and assist with the coordination of compliance plans for MIDC Standards and best practices;
  • Identify and meet with many key members of the local criminal justice systems including court staff, judges, criminal defense attorney practitioners, prosecutors and jail staff, to collaborate on compliance with MIDC standards for best practices in indigent defense representation;
  • Prepare and deliver presentations about the work of the MIDC to all system stakeholders;
  • Offer practical and innovative solutions at the local level for indigent defense reform;
  • Assist on other projects as assigned.

Education and Experience

Preferred candidates will have a juris doctor degree and experience representing indigent clients.  A minimum of five years of progressively more responsible work experience working in court, public, or business administration, or representing indigent clients is desired.  A bachelor’s degree is required, and a master’s degree in public or business administration or a juris doctor from an accredited law school may be substituted for two years of experience.

Certificates, Licenses, Registrations

Due to significant travel within the region, an individual with a valid driver’s license and insured vehicle is required.

Work Location:

The ideal candidate should be based in a South Central Michigan county as indicated in the position description.

Periodic travel to the MIDC Office in Lansing, Michigan is expected.

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For applicants not currently residing or working in the South Central Michigan region: please describe in your cover letter your connection to the area or other reason for interest in the region.

SUBMISSION DEADLINE: February 12, 2018 by 5:00 p.m.

AN EQUAL OPPORTUNITY EMPLOYER

MIDC Reviewed and Made Decisions on all Compliance Plans

The Michigan Indigent Defense Commission met on December 19, 2017 and January 5, 2018 to review and make decisions on the compliance plans submitted by funding units for court systems statewide.

Of the 134 systems, all but two submitted plans for review and decision by the Commission.  The MIDC will send formal notice of the decisions to all systems during the week of January 8, 2018.

Regional Managers have specific information about Commission decisions and staff feedback.  They will be actively working with funding units on drafting amended plans for re-submission to the Commission, as required by statute.

For additional information, see the Grand Rapids Legal News coverage.