The MIDC Act requires adherence to the principle that “[d]efense counsel is provided sufficient time and a space where attorney-client confidentiality is safeguarded for meetings with defense counsel’s client.” MCL 780.991(2)(a). Moreover, United States Supreme Court precedent and American Bar Association Principles 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 United States v Morris, 470 F3d 596, 602 (CA 6, 2006) (citing United States v Cronic, 466 US 648; 104 S Ct 2039; 80 L Ed 2d 657 (1984)).

The Michigan Indigent Defense Commission (MIDC) created a minimum standard on access to counsel and initial client interviews, also known as Standard 2. This Standard was approved by the Department of Licensing and Regulatory Affairs on May 22, 2017. Per the MIDC Act, all local trial court funding systems, including Wayne County, must submit an annual plan for complying with MIDC minimum standards and must abide by that plan once approved by the MIDC. MCL 780.997(1). To support this compliance, all local systems receive annual grant funding from the MIDC.

The MIDC met on October 15, 2024 for a regularly scheduled public meeting. During the public comment period, six attorneys practicing in Wayne County provided first-hand accounts of alarming experiences working within Wayne County’s Criminal Justice Complex (CJC), depicting significant limitations on their client’s access to counsel and humanitarian issues, also documented in recent press coverage.

Prior to October 15, MIDC staff conducted onsite observations at the Wayne County CJC and county courts, met regularly with the Director of the County’s Indigent Defense Services Department and conducted interviews with members of the Wayne County Defense Bar, all of which support the public testimony.

Based on this public testimony and staff reporting, the MIDC unanimously agreed to amend its agenda and add item to discuss these issues. The result of that discussion is a resolution, as follows:

The Michigan Indigent Defense Commission (MIDC) is outraged at the breach of contract and potential constitutional violations resulting from the failure to comply with the terms of the grant awarded to Wayne County. The MIDC urges all parties involved to immediately eradicate this breach.

Read the full statement here.

The Commission also instructed its Executive Director to distribute the resolution to a wide range of people with the ability to assist in immediate corrective action.

Should you have any questions or need additional information, the MIDC staff is happy to facilitate a meeting with your office. You can contact Executive Director Kristen Staley via email at StaleyK@michigan.gov or via telephone at (517) 582-2427.

Governor Gretchen Whitmer announced the following appointments to the Michigan Indigent Defense Commission on August 29, 2024:

• Loren Khogali, of Plymouth, is the executive director of ACLU Michigan. She started her legal career as a Law Clerk to the Justices of the Superior Court of Massachusetts. She then joined Detroit’s Federal Public Defender Office, advocating on behalf of people charged with federal crimes and unable to afford an attorney at the trial in the appellate and post-conviction stages. During her 13 years at the Federal Defender Office, she participated in the development and leadership teams for the court’s re-entry and alternative-to-prison programs. She received her Bachelor of Science in psychology and Bachelor of Arts in French from Western Michigan University and her Juris Doctor from Northeastern University School of Law. Loren Khogali is appointed to represent individuals nominated by Criminal Defense Attorneys of Michigan for a term commencing August 29, 2024, and expiring April 1, 2028. Khogali succeeds William Swor, whose term has expired.

• Michael Carter, of Southfield, is the Chief Defender and Executive Director of the Federal Community Defender Office of the Eastern District of Michigan (FCDO). Michael has practiced indigent criminal defense for over fifteen years. He serves on several boards including the ACLU of Michigan and Criminal Defense Attorneys of Michigan, and also serves on the faculty of the National Criminal Defense College. He received his Bachelor of Arts in English from the University of Michigan and his Juris Doctor from Wayne State University Law School. Michael E. Carter is appointed to represent individuals nominated by Criminal Defense Attorneys of Michigan for a term commencing August 29, 2024, and expiring April 1, 2028. Carter succeeds John Shea, whose term has expired.

• Glenn Simmington, of Flint, is an owner and attorney at the Law Office of Glenn M. Simmington, PLLC. He has previously been an associate attorney with Cline, Cline & Griffin, P.C. He has earned his Juris Doctorate Degree from Wayne State University and Bachelor of Art in political science from University of Michigan-Flint. Glenn Simmington is appointed to represent individuals nominated by Criminal Defense Attorneys of Michigan for a term commencing August 29, 2024, and expiring April 1, 2028. Simmington succeeds Joshua Blanchard, whose term has expired.

The Michigan Indigent Defense Commission was created as a result of efforts to improve legal representation for indigent criminal defendants. The Commission develops and oversees the implementation, enforcement, and modification of minimum standards, rules, and procedures to ensure that indigent criminal defense services providing effective assistance of counsel are delivered to all indigent adults in this state consistent with the safeguards of the United States Constitution, the State Constitution of 1963, and with the Michigan Indigent Defense Commission Act.

These appointments are not subject to the advice and consent of the Senate.

Read the full press release here.