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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.”
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:
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.
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.
Mr. Sacks was the first guest on the show. To listen to the show in its entirety, see the WGVU Broadcasting website.
Standards for Defending the Poor Proposed
On Tuesday June 9, 2015, the Michigan Indigent Defense Commission met and continued its work on the first set of proposed minimum standards for assigned counsel in Michigan. Justin Hinkley of the Lansing State Journal reported that:
Read the full article on the Lansing State Journal’s website, and watch our standards page for the proposals and the process to send us feedback and comments before our next commission meeting.
MIDC Launches Website
June 1, 2015
Media Release
The Michigan Indigent Defense Commission is pleased to announce the launch of their website, found at www.michiganidc.gov.
The Michigan Indigent Defense Commission (MIDC) was created by legislation in 2013 after an advisory commission recommended improvements to the state’s legal system. The MIDC will work to ensure the state’s public defense system is fair, cost-effective and constitutional while simultaneously protecting public safety and accountability. Governor Snyder made appointments to the 15-member commission in the summer of 2014, and the office just opened this February.
The Act also requires that the MIDC publish its policies on its website, along with annual reports and its budget and expenditures. See MCL §780.989(h)(6) and §780.999 for more details. The MIDC presents the content on its website as part of these statutory requirements and to provide other relevant information to Internet users.
Executive Director Jonathan Sacks says that the MIDC is excited to begin meeting all of the mandates of the Act, adding:
In addition to the statutory requirements, 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 MIDC’s logo and website were designed by the extraordinary team at Elefant Design/Strategy. Find out more about Elefant at www.elefant.design.
For questions, suggestions or concerns about the website contents, contact Marla McCowan, MIDC Director of Training, Outreach and Support, at mmccowan@michiganidc.gov or (517) 388-6702.
June 9, 2015 MIDC Notice of Meeting and Agenda
The Michigan Indigent Defense Commission is meeting at 1:00 p.m. June 9, 2015.
The tentative agenda for this meeting is below:
6-9-2015 Agenda
Michigan Indigent Defense Commission Act
The Michigan Indigent Defense Commission Act is found at the link below.
mcl-Act-93-of-2013