Detroit News Editorial: State Must Protect Wrongly Accused

A recent editorial in the Detroit News calls for support of the Michigan Indigent Defense Commission as it has the “potential to solve Michigan’s patchwork indigent defense system”.  The editorial describes the creation of the Commission as well as the topic of separate legislation to compensate innocent people who are wrongfully convicted.  Regarding the MIDC:

The defense commission grew out of an advisory council appointed by Snyder, explains Jonathan Sacks, director of the MIDC. The advisory commission study found that “Michigan’s 83 different counties had more than 83 different systems of indigent defense.” The most significant fact was that only the counties were financing indigent justice. Nationwide, most states provide funds.

Sacks says the defense commission is in the early stages of establishing new standards for indigent justice. It will then work with local officials to draft compliance plans that the state must fund.

The process is lengthy but holds promise.

The standards must be approved by the Michigan Supreme Court and then distributed to every county, which would have 180 days to work with the commission to formulate their specific plans. Sacks says there could be a half dozen or so models for the counties to choose from to meet their needs.

He says he doesn’t expect the high court to review the standards until March or April of 2016.

“We’re trying very hard to be very open and transparent,” says Sacks. “We want to do this through partnership with counties, judges and lawyers.”

To read the full editorial, click on the link above or find it in the Detroit News online.

 

July Outreach Message

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Just a few weeks ago, the Michigan Indigent Defense Commission (MIDC) released the first set of proposed minimum standards for the local delivery of indigent criminal defense services. These standards involve education and training, the initial client interview, experts and investigators, and counsel at first appearance in front of a judge or magistrate. We selected these initial standards because they are either required by the statute or supported by United States Supreme Court precedent. MCL 780.989(1). We also wanted to start with a set of standards that would be amenable to the creation of lasting and measurable improvements in the criminal defense of people who cannot afford counsel. Among other topics, future standards will tackle caseloads, qualifications, compensation, and independence of the indigent defense function from the judiciary.

These standards were distributed widely for comment to multiple criminal defense attorneys and associations, as well as to judges, prosecutors, legislators and other system stakeholders. MIDC staff has spoken with many groups about the first set of proposed standards either as part of our work, in connection with a training event, or in a meeting designed specifically to answer questions about the future of indigent defense in counties across Michigan. All comments about the standards that have been formally submitted will be posted to the MIDC’s website, and any comments received prior to the public hearing will be considered by the Commission.

We encourage everyone who is interested to e-mail comments on the standards to info@michiganidc.gov or mail them to 200 N. Washington Square, Lansing, MI 48933 no later than August 7, 2015 at 5:00 p.m. to ensure distribution to the full Commission.

The MIDC will hold a public hearing on these standards on August 18th at 1:00 PM at the Lansing campus of Western Michigan University Cooley Law School. Video conference equipment will also allow participation from the Cooley Auburn Hills and Grand Rapids locations. If you would like the MIDC staff to speak to your group prior to the public hearing, please contact us to schedule a discussion.

Following the public hearing, the MIDC will submit standards to the Michigan Supreme Court, who will conduct their own review and comment process. When the Court approves standards, the MIDC will work with courts and government units to select compliance plans for these standards. We expect the compliance plans to be due in late 2016 based on deadlines set in the MIDC Act. The State of Michigan is then required to fund the plans. We look forward to watching this important process succeed.

This past week the MIDC also started its statutorily-mandated data collection efforts with the distribution of the first-ever comprehensive survey to measure the delivery of criminal justice for indigent defendants in Michigan. This initial survey seeks to gather details on current practices in the state’s court systems to help MIDC better understand and map the legal landscape for indigent defendants in Michigan. More specifically, the survey gives courts the opportunity to provide information about types of indigent defense systems, eligibility for counsel, process for appointment of counsel, and public defense expenditures. The questions only involve trial level indigent criminal defense for adults. The information that we gather in this first survey will inform the development of statewide standards for public defense.

The survey itself will be completed online by a court administrator, but could also be submitted by a judge, chief public defender or the person charged with maintaining the data related to the assignment of counsel in their court. To see the complete survey, please go to the MIDC’s website where a .pdf copy is available, along with a message from MIDC Chair, Hon. James Fisher.

In addition to traveling around the state to talk about the MIDC, Executive Director Jonathan Sacks received scholarship funding to attend the National Association for Public Defense’s Executive Leadership Institute at Valparaiso at the end of June, and the National Legal Aid and Defender Association’s conference of Chief Defenders in Washington D.C. in July. Jonathan was also invited to be the introductory speaker at the summer conference for the Criminal Defense Attorneys of Michigan. The CDAM conference focused on search and seizure topics but was a terrific venue to start a discussion about best practices for criminal defense as well as an opportunity to hear from attorneys around the state with questions and suggestions for the MIDC’s work. Jonathan also spoke in Berrien and Macomb about possibilities for compliance plans and models for providing indigent defense services in those counties. MIDC staff also attended Macomb County’s criminal justice reform committee meeting where several members of the criminal justice community were present and discussed real plans for improvement.

In June, Governor Snyder signed an omnibus budget bill that included funding for the 2015-2016 fiscal year that begins October 1, 2015. The MIDC was appropriated $996,700. After working with legislators in the House and Senate, MIDC was able to have language added to the budget that will allow the agency to receive federal grant funding and funding through the Edward Byrne Memorial Justice Assistance Grant (JAG) program. MIDC continuously evaluates grant opportunities and plans to apply for funding in the future.

The MIDC is very pleased to be making real progress in terms of proposing standards, beginning data collection, and working with groups around the state who are serious about making critical changes to indigent defense. Please contact us to request a meeting or visit – we will continue to travel and talk with interested groups as our work progresses.

Berrien County Considering Public Defender Office

On July 16, 2015, Jonathan Sacks, Executive Director of the the Michigan Indigent Defense Commission, spoke with County Commissioners and stakeholders at the Berrien County Administration Center about the work of the MIDC including the proposed minimum standards for indigent defense.  The creation of a public defender office was one of the potential compliance plans discussed.  The Herald-Palladium reported on the meeting, in which Judge Gary Bruce and other local officials were recommending that Berrien County establish a public defender office to provide better legal representation for indigent clients.  Additional coverage of the meeting by the local ABC news affiliate indicated that the Commission has not made any decision on the matter, but noted that the current contracts for assigned counsel expire at the end of the year.

To read the full article in the Herald-Palladium, click on the link above or here.

To read the article by the ABC news affiliate, clink on the link above or here.

MIDC Announces Comprehensive Survey to Measure Delivery of Services

The Michigan Indigent Defense Commission (MIDC) started its statutorily-mandated data collection efforts with the distribution of the first-ever comprehensive survey to measure the delivery of criminal justice for poor people in Michigan.

The MIDC is required to collect data on the representation of indigent defendants in court systems throughout the state.

The agency’s initial survey seeks to gather details on current practices in the state’s court systems to help MIDC better understand and map the legal landscape for indigent defendants in Michigan.

“The information that we gather in this first survey will inform the development of statewide standards for public defense,” said MIDC Executive Director Jonathan Sacks.  “The results will help the MIDC in its efforts to provide fair access to the criminal justice system for indigent defendants,” continued Sacks.

The survey was distributed to chief judges and court administrators throughout the state by the State Court Administrative Office on the MIDC’s behalf with a memo from the Chair of the Commission, Hon. James Fisher.

The Michigan Indigent Defense Commission is an independent agency housed within the judicial branch of state government. Its members are appointed by the Governor with recommendation of the Legislature, Supreme Court, the State Bar, and other interests from the criminal justice system.

The survey will be completed online by court officials, but a copy of the survey is available on the Michigan Indigent Defense Commission’s website.

Public Defenders and People With Disabilities

In a recent Network blog, Mark Stephenson discusses the minimum standards proposed by the Michigan Indigent Defense Commission.  Commissioner H. D. Schuringa invited Mr. Stephenson to comment on the proposed standard for the initial attorney-client interview, and after discussion with Executive Director Jonathan Sacks, those concerns were incorporated into the proposed standard.  Read the full blog entry here.

The Michigan Indigent Defense Commission encourages anyone with concerns, suggestions or feedback on any of the proposed minimum standards to submit comments to info@michiganidc.gov or via mail to the MIDC at 200 N. Washington Square, Lansing, Michigan, 48933.  All comments will be posted on our website and will be submitted to the Commission for consideration prior to our public hearing on August 18, 2015.

 

Asked and Answered with MIDC Commissioner Frank Eaman

Frank Eaman was recently interviewed in the “Asked and Answered” column of the Legal News, which appeared in the Detroit edition on June 25, 2015 and in the Jackson Legal News on July 6, 2015.  Mr. Eamon discussed his role in indigent defense, including his experience prior to his appointment to the Michigan Indigent Defense Commission.  He talked about the work of the Commission and answered questions about the first set of proposed standards submitted for public comment.  The first standard covers the role of training and education of defense counsel, which Mr. Eaman explained is essential to the constitutional right to the effective assistance of counsel:

Attorney training and education is a huge component of an adequate public defense. The criminal law, and the criminal code, is constantly changing. I have been practicing over 43 years, and I can’t tell you how many times the drug laws, alone, have changed during that time – criminalizing different substances and changing penalties. Also, the United States Supreme Court is constantly deciding cases that affect criminal defendants. Just recently, for instance, the Court held that the contents of a cell phone cannot be searched without a warrant. Annual training on the changes in the law are necessary. And, the basic skills required of a trial lawyer are different than the skills required of, say, business lawyers. Being able to navigate the court system, and learning how to make opening statements, closing arguments, objections, and how to participate in the jury selection process are usually not taught in law school (unless the student takes a trial skills class). Throwing lawyers into a courtroom to defend someone accused of a crime without any training, and not training lawyers on the changes in the law, is inconsistent with the specific objectives of the Michigan Indigent Defense Commission Act, and the Sixth Amendment requirement of effective assistance of counsel.

Read the most recent article online in the Jackson Legal News.

 

 

 

Proposed Standards Published for Comment

From Judge James H. Fisher
Chairperson

The Michigan Indigent Defense Commission (MIDC) is proud to announce the release of our first set of proposed minimum standards for the local delivery of indigent criminal defense services. These standards involve education and training, the initial client interview, experts and investigators, and counsel at first appearance in front of a judge.

We selected these initial standards because they are either required by the statute or supported by United States Supreme Court precedent. MCL 780.989(1). We also wanted to start with a set of standards that would be amenable to the creation of lasting and measurable improvements in the criminal defense of poor people. Among other topics, future standards will tackle caseloads, qualifications, compensation, and independence of the indigent defense function from the judiciary.

The MIDC strives for collaboration, transparency and accessibility in our work, and we look forward to feedback. We encourage everyone who is interested to e-mail comments on the standards to info@michiganidc.gov or mail them to 200 N. Washington Square, Lansing, MI 48933.

MIDC staff will post the comments on our website, on the page dedicated to minimum standards.

The MIDC will hold a public hearing on these standards on August 18th at 1:00 PM at the Lansing campus of Western Michigan University Cooley Law School. Video conference equipment will also allow participation from the Cooley Auburn Hills and Grand Rapids locations. All comments received prior to 5:00 p.m. Friday August 7, 2015 will be considered by Commissioners.  Please check our calendar in early August for more information about attending that meeting.

Following the public hearing, the MIDC will submit standards to the Michigan Supreme Court, who will conduct their own review and comment process. When the Court approves standards, the MIDC will work with courts and government units to select compliance plans for these standards. We expect the compliance plans to be due in late 2016 based on deadlines set in the MIDC Act. The State of Michigan is then required to fund the plans. We look forward to watching this important process succeed.

 

Draft Minutes – June 9, 2015 meeting

The Michigan Indigent Defense Commission met on Tuesday June 9, 2015 in Lansing. The attached minutes are a draft and are not official. They are subject to approval at the next Commission meeting.

MIDC Minutes 6-9-15 Meeting Minutes – Draft

June Outreach Message

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The Michigan Indigent Defense Commission is moving quickly this spring, and we have a newly launched website now serving as the main resource to learn about our policies, standards and resources as we carry out the mission of improving indigent defense delivery systems statewide. The website is an important start to informing the criminal justice community and poor people charged with crimes about the steps we are taking to improve representation and to help ensure Michigan meets its constitutional obligations.

In addition to the statutory requirements to compile online versions of the Commission’s policies and reports, the MIDC will post on its website news and noteworthy issues, information about meetings and upcoming events, and links to helpful resources. The site will also be used to post proposed minimum standards for indigent defense, dates of public hearings, compliance models and plans and the process for seeking grant funding after a plan is approved.

The Commission met on June 9, 2015 and discussed the language of the first four standards being proposed now that the committee work is complete. Those standards cover the following areas: Education and Training of Defense Counsel, Initial Attorney/Client Interview, Investigation and Expert Witnesses, and Timing for Appointment of Counsel. All of the standards proposed are taken directly from, or contemplated in, the language of the MIDC Act.

For education and training: the proposed minimum standard will focus on the Ninth Principle of the American Bar Association’s Ten Principles of a Public Defense Delivery System, that a public defense system, in order to provide effective assistance of counsel, must ensure that “[D]efense counsel is provided with and required to attend continuing legal education.” The standard will require knowledge of the law, knowledge of forensic and scientific issues, knowledge of technology, and will contain continuing legal education requirements for counsel providing indigent defense.

The initial client interview standard will focus on United States Supreme Court Precedent and ABA Principles that recognize that the “lack of time for adequate preparation and the lack of privacy for attorney-client consultation [can preclude] any lawyer from providing effective advice.” See U.S. v. Morris, 470 F.3d 596, 602 (6th Cir. 2006). The standard will require a prompt interview of a client in a confidential setting.

The standard for experts and investigators will address the United States and Michigan Supreme Court holdings that require trial counsel to adequately investigate and seek appropriate expert assistance for the defense. The standard will require counsel to request funds for adequate investigation and use of expert witnesses.

The proposed minimum standard on timing for appointment of counsel will reflect the U.S. Supreme Court holding that assistance of counsel is required at critical stages of proceedings, starting with when a defendant’s liberty is subject to restriction by the court. The standard will require availability of counsel at first appearance in front of a judge or magistrate and at the pre-trial stage.

Final revisions to the proposals were made by the Commission as a whole and committee work has resumed to incorporate the changes. It is anticipated that by the end of June the MIDC will publish all four proposed standards on our website, michiganidc.gov. We will also distribute detailed information about how people can submit comments or suggestions about the first set of proposed standards.

The next MIDC meeting will serve as a public hearing on these proposals, and it will be held at WMU’s Cooley Law School simulcast at multiple campuses for that session. We want to hear from as many people as possible, and we want the process to be open to all stakeholders in the criminal justice community. Check the “Standards” page on our website, michiganidc.gov, for additional information.

Executive Director Jonathan Sacks spends at least one day every week on the road talking about the work of the Indigent Defense Commission. This past month, Jonathan traveled to multiple circuit and district court judges and administrator sessions to hear suggestions and concerns about the standards being proposed. Jonathan presented to judges and court staff in Crystal Mountain, Mt. Pleasant, Berrien, Saginaw and Van Buren, and he met with the public defenders in Chippewa and Bay County. The Genesee County Defender Program invited Jonathan to speak as well, and a room full of attorneys spent their lunch hour discussing concerns and inquiring about the work of the Commission.

In addition to formal presentations about the MIDC, Marla McCowan has also continued her focus on training around the state by attending and evaluating sessions in counties where continuing legal education is required already, such as Genesee, Oakland and Wayne. Marla also received a scholarship to attend the National Legal Aid and Defender Association’s National Defender Leadership Institute in South Carolina at the beginning of June, with a topical focus on meeting the training needs of public defenders. The MIDC Act requires continuing legal education for assigned counsel; our plan is to ensure that attorneys get the training that they need and want in order to do the best job they can for their clients.

The MIDC is very proud to have the support of Governor Snyder in his recent special message on Criminal Justice, where he talked about the work we have started on collecting data and establishing minimum standards. Recognizing that additional state dollars will be required to ensure the success of the Commission, Governor Snyder said that he looks forward to working with the Legislature on funding and he is “excited to watch Michigan become the model for other states to follow.”

 

Executive Director Jonathan Sacks Interviewed on WGVU

The Chair of the Michigan Indigent Defense Commission, Judge James Fisher, was a guest host of the Shelley Irwin show on June 16, 2015.  Judge Fisher interviewed several people including MIDC Executive Director Jonathan Sacks.  Mr. Sacks discussed the reasons that the MIDC was created, the recent activity of the Commission, and his hope for the future of indigent defense in Michigan.

It’s a critical new initiative…..to properly represent poor people who are charged with crimes and facing the most important challenges of their lives.

Mr. Sacks was the first guest on the show.  To listen to the show in its entirety, see the WGVU Broadcasting website.