In 2015, the MIDC proposed four initial standards for indigent defense delivery systems to address: training and education of counsel, the initial client interview, use of investigation and experts, and counsel at first appearance and other critical stages. Both the MIDC and the Michigan Supreme Court held public hearings on the first four minimum standards and changes were made to those standards reflecting concerns expressed at those hearings. The MIDC discussed the changes made by the Michigan Supreme Court in the June 1, 2016 Order and formally adopted those changes during the MIDC’s regularly scheduled meeting on December 20, 2016. At that meeting the MIDC also voted to submit those first four minimum standards to the Michigan Department of Licensing and Regulatory Affairs (LARA) pursuant to the process detailed through recent legislative amendments to the MIDC Act.
The MIDC submitted the first set of standards for indigent defense to LARA in early February 2017 and comments were submitted through March 9, 2017. The full text of the standards as well as all comments submitted can be viewed on the MIDC’s website. Now that the comment period has closed, LARA will thoroughly review the information provided and make a decision on whether to approve the standards.
Once the standards are approved, every indigent defense delivery system in Michigan is required to submit a plan for compliance with the standards together with a cost analysis to the MIDC. These submissions must be made to the MIDC within 180 days from the date that the standards are approved by LARA. See M.C.L. §780.993(3).
In an effort to assist all stakeholders with the implementation of the standards, the MIDC has prepared white papers detailing the rationale and compliance models for each standard. Indigent defense delivery systems are strongly encouraged to review these white papers and coordinate through work groups a plan for compliance. The white papers can be reviewed on the MIDC’s website, or the complete set of white papers and standards can be downloaded here.
The MIDC has Regional Managers working statewide to provide direction and guidance and serve as the liaisons between local systems and the MIDC. A map detailing the assignments and contact information for the Regional Managers is available online.
When planning for compliance, some systems have asked about the next standards being developed by the MIDC. The next standards will address financial incentives and disincentives in compensating assigned counsel, caseload capacities, qualification and review of attorneys eligible for assignments, and independence from the judiciary. Like the first standards, these requirements are derived from the MIDC Act, constitutional principles, or nationally accepted models for delivering public defense services. These next standards will be discussed at the next MIDC meeting on April 18, 2017. Information about upcoming meetings and minutes from prior meetings can be found on the MIDC’s website.
Each county will select its desired indigent defense delivery method to comply with the MIDC standards, and multiple models ranging from a defender office, an assigned counsel list, contract attorneys, or a mix of systems will be available. The MIDC’s responsibility and authority is to work with the counties and courts to ensure compliance with minimum standards, not to select a particular system. The MIDC has been contacted by several systems interested in improving their models for delivering indigent defense – for example, by setting up a public defender office. The MIDC is pleased to offer a guide for consultation, Delivery System Reform Models: Planning Improvements in Public Defense (December 2016). This resource is available on the MIDC’s website.
In February, the MIDC approved for publication the 2016 Year in Review: Impact Report, which describes the most recent full year of activity by the MIDC and its staff and how we are implementing change. Read it here. To learn more about the MIDC, visit our website and follow us on twitter and Instagram @michiganidc.
Contact:
Marla McCowan
Director of Training, Outreach and Support
mmccowan@michiganidc.gov
(517) 657-3066
Request for Proposals – Caseload Standards Study Follow Up Questions
The Michigan Indigent Defense Commission (MIDC) is requesting proposals from qualified vendors to assist the MIDC in determining the appropriate numerical caseload/workload standards for criminal cases for providers of indigent legal representation in the state of Michigan. Following our original post on the release of our Request for Proposals for Michigan Public Defense Caseload Standards Study, we have answered a second round of clarifying questions for potential bidders. Please see this link for answers to the first round of questions and click here for new clarifying information.
Read the Request for Proposals here.
Read the answers to the first round of questions here.
Read the clarifying information here.
Note: the submission deadline is May 1, 2017.
Commission Meeting Agenda – April 18, 2017
The Michigan Indigent Defense Commission will meet on Tuesday April 18, 2017 at 1:00 p.m. in the Lansing office: 200 N. Washington Square, 3rd Floor. The agenda for the meeting is at this link:
Information about upcoming meetings or minutes from prior meetings can be accessed here.
For questions or concerns, please contact Marcela Westrate at 517-657-3066.
MIDC Releases White Papers for Standards 1, 2, 3 and 4
In 2015, the MIDC proposed four initial standards for indigent defense delivery systems to address: training and education of counsel, the initial client interview, use of investigation and experts, and counsel at first appearance and other critical stages. Both the MIDC and the Michigan Supreme Court held public hearings on the first four minimum standards and changes were made to those standards reflecting concerns expressed at those hearings. The MIDC discussed the changes made by the Michigan Supreme Court in the June 1, 2016 Order and formally adopted those changes during the MIDC’s regularly scheduled meeting on December 20, 2016. At that meeting the MIDC also voted to submit those first four minimum standards to the Michigan Department of Licensing and Regulatory Affairs (LARA) pursuant to the process detailed through recent legislative amendments to the MIDC Act.
The MIDC submitted the first set of standards for indigent defense to LARA in early February 2017 and comments were submitted through March 9, 2017. The full text of the standards as well as all comments submitted can be viewed on the MIDC’s website. Now that the comment period has closed, LARA will thoroughly review the information provided and make a decision on whether to approve the standards.
Once the standards are approved, every indigent defense delivery system in Michigan is required to submit a plan for compliance with the standards together with a cost analysis to the MIDC. These submissions must be made to the MIDC within 180 days from the date that the standards are approved by LARA. See M.C.L. §780.993(3).
In an effort to assist all stakeholders with the implementation of the standards, the MIDC has prepared white papers detailing the rationale and compliance models for each standard. Indigent defense delivery systems are strongly encouraged to review these white papers and coordinate through work groups a plan for compliance. The white papers can be reviewed on the MIDC’s website, or the complete set of white papers and standards can be downloaded here.
The MIDC has Regional Managers working statewide to provide direction and guidance and serve as the liaisons between local systems and the MIDC. A map detailing the assignments and contact information for the Regional Managers is available online.
When planning for compliance, some systems have asked about the next standards being developed by the MIDC. The next standards will address financial incentives and disincentives in compensating assigned counsel, caseload capacities, qualification and review of attorneys eligible for assignments, and independence from the judiciary. Like the first standards, these requirements are derived from the MIDC Act, constitutional principles, or nationally accepted models for delivering public defense services. These next standards will be discussed at the next MIDC meeting on April 18, 2017. Information about upcoming meetings and minutes from prior meetings can be found on the MIDC’s website.
Each county will select its desired indigent defense delivery method to comply with the MIDC standards, and multiple models ranging from a defender office, an assigned counsel list, contract attorneys, or a mix of systems will be available. The MIDC’s responsibility and authority is to work with the counties and courts to ensure compliance with minimum standards, not to select a particular system. The MIDC has been contacted by several systems interested in improving their models for delivering indigent defense – for example, by setting up a public defender office. The MIDC is pleased to offer a guide for consultation, Delivery System Reform Models: Planning Improvements in Public Defense (December 2016). This resource is available on the MIDC’s website.
In February, the MIDC approved for publication the 2016 Year in Review: Impact Report, which describes the most recent full year of activity by the MIDC and its staff and how we are implementing change. Read it here. To learn more about the MIDC, visit our website and follow us on twitter and Instagram @michiganidc.
Contact:
Marla McCowan
Director of Training, Outreach and Support
mmccowan@michiganidc.gov
(517) 657-3066
Request for Proposals – Michigan Public Defense Caseload Standards Study
MIDC Caseload RFP and Answers to Questions Received from Bidders
The Michigan Indigent Defense Commission (MIDC) is requesting proposals from qualified vendors to assist the MIDC in determining the appropriate numerical caseload/workload standards for criminal cases for providers of indigent legal representation in the state of Michigan.
The selected vendor will work in consultation with the MIDC at all stages of the study, including the conduct of the study itself. The study must result in the production of recommended caseload standards for defense providers that accounts for (a) variation in counties and courts, and (b) variation in delivery models.
The MIDC requests proposals from qualified vendors which may include, but are not limited to, private sector firms, not-for-profit organizations, and public or private institutions such as universities or colleges with expertise in conducting research similar to research described in Sections 4 and 5 of this RFP.
The RFP also outlines the terms and conditions, and all applicable information required for submission of a proposal. Proposers should pay strict attention to the proposal submission deadline to prevent disqualification. To ensure compliance with these requirements and to prevent possible disqualification, Proposers should follow the format and instructions contained in this document.
New: We have answers to questions received from bidders on MIDC’s Request for Proposals for the Michigan Public Defense Caseload Standards Study available for review here.
Note: the submission deadline is May 1, 2017.
2016 Year in Review: Impact Report
At the February 21, 2017 meeting, the Michigan Indigent Defense Commission approved for publication the 2016 Year In Review: Impact Report, which describes the full year of activity by the MIDC and its staff, and how we are implementing change. The MIDC is required to publish all policies and reports on our website, which can be found here.
2016 Year in Review
Position Available: Regional Manager – Northern Michigan
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 position serves Northern Michigan, which covers the following counties: 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.
To apply please send your cover letter and resume in Microsoft Word or Adobe Acrobat format to careers@michiganidc.gov. If you are unable to send materials electronically they may be mailed to the MIDC, 200 N. Washington Square, 3rd Floor, Lansing, MI 48913.
SUBMISSION DEADLINE: March 24, 2017 by 5:00 p.m.
AN EQUAL OPPORTUNITY EMPLOYER
Commission Meeting Agenda – February 21, 2017
The Michigan Indigent Defense Commission will meet on Tuesday February 21, 2017 at 1:00 p.m. in the Lansing office: 200 N. Washington Square, 3rd Floor. The agenda for the meeting is at this link:
For questions or concerns, please contact Marcela Westrate at 517-657-3066.
Michigan Indigent Defense Commission Seeking Public Comment on Minimum Standards
The Department of Licensing and Regulatory Affairs (LARA) issued a press release reflecting that the MIDC submitted the first set of standards for indigent defense delivery systems:
Comments on the standards can be submitted to the MIDC until March 9, 2017.
Read the standards on the MIDC’s website along with comments previously submitted.
Read the press release issued by LARA here.
First Standards Submitted to LARA
The Michigan Indigent Defense Commission submitted the first set of standards for indigent defense delivery systems to the Michigan Department of Licensing and Regulatory Affairs (LARA) on February 7, 2017. These standards involve education and training, the initial client interview, experts and investigators, and counsel at first appearance and other critical stages in front of a judge. Read the MIDC’s first standards submitted to LARA on the MIDC’s website or download the complete packet of the first set of standards submitted to LARA here.
Comments on the standards submitted to LARA will be accepted until March 9, 2017. Please send comments on these standards to comments@michiganidc.gov or to the MIDC at 200 N. Washington Square, 3rd Floor, Lansing, Michigan, 48913. All comments will be posted on the MIDC’s website within one business day of receipt.
Following a public comment period, LARA Director Shelly Edgerton will thoroughly review the information provided and make a decision on whether to approve the standards.
MIDC Awarded Federal Grant for Social Worker Sentencing Project
A informational sheet about this project is available to download here.
With funding and support from the U.S Department of Justice, the Michigan Indigent Defense Commission (MIDC) has partnered with the Urban Institute to examine the impact of social worker involvement in the public defense representation of adults facing criminal charges. The goal of the Social Worker Sentencing Project is to reduce incarceration rates by lowering prison sentences for specified felony defendants in favor of appropriate community alternatives, and decrease recidivism through the increased use of treatment and educational programs. To do so, the MIDC and the Urban Institute will engage in the following three steps:
1) Embed social workers to act as client advocates in two diverse Michigan indigent defense systems—a non-profit public defender office in Kent County (Grand Rapids) and a private assigned counsel system in Genesee County (Flint);
2) Assess SWSP implementation and effectiveness through intensive process and impact evaluation activities guided by an action research framework; and
3) Develop a program manual to increase practitioners’ knowledge of social workers as a resource for indigent defense, and to guide replication and enhance sustainability
The project will run from 2017 through 2019. The MIDC and the Urban Institute will collaborate with national experts with many decades of experience practicing, implementing, and measuring the effects of social work in indigent defense to guide program design, implementation, and evaluation. As the first effort to measure from a social science perspective the impact of social workers in trial-level criminal indigent defense in Michigan, the project aims to develop solutions that help improve the provision of indigent defense across the state and more broadly. The program will complement efforts already in place in Michigan like the pioneering partnerships of the Muskegon County Public Defender’s Office with social workers.
Read more about this project here.