On October 29, 2020, Orlene Hawks, the Director of the Dept. of Licensing and Regulatory Affairs (LARA), signed Michigan Indigent Defense Commission (MIDC) Standard 5. The approval of MIDC Minimum Standard 5 ensures that public defense attorneys are subject to judicial supervision only in the same manner and to the same extent as retained counsel or the prosecution; the ability of a person charged in the criminal legal system to pay for counsel should not dictate whether they receive constitutionally-sound representation that is free from interference by the judiciary.
“This standard is another step forward in our efforts to ensure equal access to justice for all Michiganders,” said Governor Gretchen Whitmer. “Regardless of their ability to pay, every Michigander has a constitutional right to a fair trial. This action protects that right and ensures access to vigorous representation for all Michiganders. It is another crucial step this administration is taking to ensure everyone in our state is treated fairly under the law, and we will continue working with our partners everywhere to meet that goal.”
“The adoption of this standard encourages public defense attorneys to advocate freely and zealously on behalf of their clients,” said Lt. Governor Garlin Gilchrist II. “This new standard will inspire increased use of appropriate pretrial release and innovative community-based sentencing practices so we can ensure everyone who is accused of a crime gets fair access to programs that help people avoid jail time and the barriers associated with criminal records.”
“In signing MIDC Standard 5 today, we take another step towards protecting the fundamental constitutional right to counsel for persons who are unable to pay when faced with criminal charges,” said LARA Director Orlene Hawks. “This is one more aspect of reform that serves to make our state’s approach to criminal justice more equitable.”
Once approved, local indigent defense systems have 180 days to submit a plan and for compliance with the new minimum standard. Those plans and corresponding requests for funding are reviewed and must be approved by the Commission.
After decades of being severely under-resourced, indigent defense in Michigan has seen significant improvements in recent years. Through the implementation of Minimum Standards 1, 2,3 and 4, indigent defense attorneys statewide receive training annually and have access to experts and investigators as appropriate to provide constitutional representation. Defendants with insufficient means to hire an attorney now receive appointed counsel when they initially appear in court to face criminal charges.
Over 20 new public defender offices, including regional defender offices and 40 managed assigned counsel systems have been established in Michigan since 2018. The evolution of local public defense systems across the state helps to ensure that those who cannot afford to hire an attorney have the same access to justice as those who can.
“The dependence of public defense counsel on the judiciary for resources such as investigatory tools and expert witnesses cannot coexist with effective and zealous assistance of counsel,” said State Court Administrator Tom Boyd. “The requirement that public defense attorneys and the judiciary operate independent of one another will serve the court’s role in protecting the constitutional right to counsel and enhance the ability of appointed counsel to advocate with vigor and innovation, making for a more just and equitable system.”
“The U.S. Supreme Court reminds us every state has a ‘constitutional obligation’ to respect the professional independence of public defenders,” said David Carroll, Executive Director of the Sixth Amendment Center. “By removing the judiciary from the oversight of indigent defense services, Michigan has taken another critical step in ensuring that people of insufficient means receive effective assistance of counsel as demanded by the U.S. Constitution.”
“The ability of the state’s public defense systems to operate independently from the judiciary and with adequate resources, operates as both a constitutional sword and shield that protects against wrongful convictions and guards the presumption of innocence, holding the state to its burden to prove a person’s guilt beyond a reasonable doubt,” said Loren Khogali, Executive Director of the MIDC.
The mission of the MIDC is to develop and oversee 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 Michigan. The MIDC is composed of eighteen members appointed by the Governor. The MIDC meets multiple times throughout the year to review and approve local systems’ plans for compliance with existing minimum standards and to create and implement standards for indigent defense delivery services. A full-time staff works in Lansing, Michigan under the supervision of the Executive Director.
Read the full press release here.
Download the complete packet of the MIDC Standards here.
MIDC Meeting – Online Access February 23, 2021
The Michigan Indigent Defense Commission will meet online on Tuesday February 23, 2021 beginning at 9:00 a.m.
This meeting is being held virtually, consistent with the Public Act 254 of 2020, which was signed into law on December 23, 2020 by Michigan Governor Gretchen Whitmer and amends the Open Meetings Act to extend the authority for public bodies to conduct electronic “virtual” meetings through March 31, 2021.
In response to the ongoing risk posed by COVID-19, in an effort to reduce transmission of COVID-19 and protect the health of Commissioners, MIDC staff and member of the public interested in attending the meeting, the Commission will be meeting remotely. If you have questions about how to join this meeting please contact Marcela Westrate at (517) 648-3143.
NEW: please note the start time is 9:00 a.m.
Use the following information to join the meeting:
Join Zoom Meeting
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Meeting ID: 883 1439 3635
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Note: Upon joining the meeting, all participants will momentarily be placed in a waiting room and admitted by the host.
Individuals wishing to provide input or ask questions on any business before the Commission may participate by telephone or video, or may email questions to Deborah Mitchell at MitchellD20@michigan.gov.
MIDC 2020 Year in Review Video
At the December 15, 2020 meeting, the MIDC presented the accomplishments of the Commission during the year in a short (4 1/2 minute) video. The video is available in MP4 format, below:
MIDC Meeting – Online Access December 15, 2020
The Michigan Indigent Defense Commission will meet online on Tuesday December 15, 2020 at 9:00 a.m.
This meeting of a public body is being held remotely pursuant to Public Act 228 of 2020, which permits public bodies to hold meetings remotely through January 1, 2021. The Michigan Department of Health and Human Services, pursuant to MCL 333.2253, and Ingham County, pursuant to MCL 333.2453, have issued emergency orders mandating requirements to protect the public health in response to the COVID-19 epidemic. The orders can be found here: DHHS, Emergency Order (October 9, 2020) and Ingham County, Emergency Order 2020-22. In response to the ongoing risk posed by COVID-19, in an effort to reduce transmission of COVID-19 and protect the health of Commissioners, MIDC staff and member of the public interested in attending the meeting, the Commission will be meeting remotely. If you have questions about how to join this meeting please contact Marcela Westrate at (517) 648-3143.
NEW: please note the start time is 9:00 a.m.
Additional materials that may be referenced during the meeting can be found on our calendar event page.
Use the following information to join the meeting:
Join Zoom Meeting
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Meeting ID: 895 0055 1609
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+13126266799,,89500551609# US (Chicago)
Note: Upon joining the meeting, all participants will momentarily be placed in a waiting room and admitted by the host.
Individuals wishing to provide input or ask questions on any business before the Commission may participate by telephone or video, or may email questions to Deborah Mitchell at MitchellD20@michigan.gov.
LARA Director Signs New Indigent Defense Minimum Standard, Protects the Fundamental Constitutional Right to Counsel
On October 29, 2020, Orlene Hawks, the Director of the Dept. of Licensing and Regulatory Affairs (LARA), signed Michigan Indigent Defense Commission (MIDC) Standard 5. The approval of MIDC Minimum Standard 5 ensures that public defense attorneys are subject to judicial supervision only in the same manner and to the same extent as retained counsel or the prosecution; the ability of a person charged in the criminal legal system to pay for counsel should not dictate whether they receive constitutionally-sound representation that is free from interference by the judiciary.
Once approved, local indigent defense systems have 180 days to submit a plan and for compliance with the new minimum standard. Those plans and corresponding requests for funding are reviewed and must be approved by the Commission.
After decades of being severely under-resourced, indigent defense in Michigan has seen significant improvements in recent years. Through the implementation of Minimum Standards 1, 2,3 and 4, indigent defense attorneys statewide receive training annually and have access to experts and investigators as appropriate to provide constitutional representation. Defendants with insufficient means to hire an attorney now receive appointed counsel when they initially appear in court to face criminal charges.
Over 20 new public defender offices, including regional defender offices and 40 managed assigned counsel systems have been established in Michigan since 2018. The evolution of local public defense systems across the state helps to ensure that those who cannot afford to hire an attorney have the same access to justice as those who can.
The mission of the MIDC is to develop and oversee 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 Michigan. The MIDC is composed of eighteen members appointed by the Governor. The MIDC meets multiple times throughout the year to review and approve local systems’ plans for compliance with existing minimum standards and to create and implement standards for indigent defense delivery services. A full-time staff works in Lansing, Michigan under the supervision of the Executive Director.
Read the full press release here.
Download the complete packet of the MIDC Standards here.
MIDC Meeting – Online Access October 20, 2020
The Michigan Indigent Defense Commission will meet online on Tuesday October 20, 2020.
This meeting of a public body is being held remotely pursuant to Public Act 228 of 2020, which permits public bodies to hold meetings remotely through January 1, 2021. The Michigan Department of Health and Human Services, pursuant to MCL 333.2253, and Ingham County, pursuant to MCL 333.2453, have issued emergency orders mandating requirements to protect the public health in response to the COVID-19 epidemic. The orders can be found here: DHHS, Emergency Order (October 9, 2020) and Ingham County, Emergency Order 2020-22. In response to the ongoing risk posed by COVID-19, in an effort to reduce transmission of COVID-19 and protect the health of Commissioners, MIDC staff and member of the public interested in attending the meeting, the Commission will be meeting remotely. If you have questions about how to join this meeting please contact Marcela Westrate at (517) 648-3143.
NEW: please note the start time is 9:00 a.m.
Use the following link to join the Zoom meeting:
https://us02web.zoom.us/j/81202313713
Meeting ID: 812 0231 3713
One tap mobile
+19292056099,,81202313713# US (New York)
+13017158592,,81202313713# US (Germantown)
Meeting ID: 812 0231 3713
Note: Upon joining the meeting, all participants will momentarily be placed in a waiting room and admitted by the host.
Individuals wishing to provide input or ask questions on any business before the Commission may participate by telephone or video, or may email questions to Deborah Mitchell at MitchellD20@michigan.gov.
Public Hearing: September 15, 2020 with online access
The Michigan Indigent Defense Commission will hold a public hearing to take comments on the proposed standard for determining indigency and contributions on Tuesday Septmeber 15, 2020 beginning at 11:00 a.m. Comments will be accepted until 5 p.m. on Monday September 14, 2020. Read more information on our website and review the proposed standard here.
Use the following information to join:
Topic: MIDC Public Hearing
Time: Sep 15, 2020 11:00 AM Eastern Time (US and Canada)
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Meeting ID: 876 2167 8263
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Individuals wishing to provide input or ask questions on any business before the Commission may participate by telephone or video, or may email questions to Deborah Mitchell at MitchellD20@michigan.gov. Please contact Ms. Mitchell if you require special assistance accessing this meeting.
Commissioners Brame, Fisher receive awards
Congratulations to Commissioner Tracey Brame, who has been recognized by Michigan Lawyers Weekly as the 2020 Lawyer of the Year. Ms. Brame, of Grand Rapids, is the associate dean at Western Michigan University Thomas M. Cooley Law School in Grand Rapids and a professor and co-director of the Access to Justice Clinic. She earned her Juris Doctor degree from University of Michigan Law School. Ms. Brame was appointed to the MIDC to represent the Chief Justice of the Supreme Court for a term expiring April 1, 2023. Read more about Ms. Brame’s contributions to the legal field and meaningful and long-standing commitment to reforming the criminal legal system here.
Congratulations to Judge Jim Fisher, who will be honored with the State Bar of Michigan’s Champion of Justice award for his leadership and contributions in reforming Michigan’s indigent defense system. Judge Fisher, of Hastings, served as the first chair of the Michigan Indigent Defense Commission and is a designee by the Michigan Judges Association. He is Of Counsel with Dickinson Wright in Grand Rapids where his primary practice areas are arbitration and mediation. He previously served as chief judge of Barry County Circuit Court and is a director of Hastings City Bank. Judge Fisher earned a bachelor’s degree in engineering from General Motors Institute and a law degree from Wayne State University. You can read about the award here.
MIDC Meeting – Online Access August 18, 2020
The Michigan Indigent Defense Commission will meet online on Tuesday August 18, 2020 at 9:00 a.m. pursuant to Executive Order 2020-154 (Alternative means to conduct government business during the COVID-19 pandemic)
NEW: please note the start time is 9:00 a.m.
Use the following link to join:
https://us02web.zoom.us/j/88068244260
One tap mobile
+13017158592,,88068244260# US
Individuals wishing to provide input or ask questions on any business before the Commission may participate by telephone or video, or may email questions to Deborah Mitchell at MitchellD20@michigan.gov. Please contact Ms. Mitchell if you require special assistance accessing this meeting.
MIDC Seeks Public Comment on Minimum Standard
August 7, 2020 – Pursuant to its enabling statute, the Michigan Indigent Defense Commission (MIDC) has proposed a minimum standard on eligibility for appointment of counsel. The MIDC Act requires that the Commission “promulgate objective standards for indigent criminal defense systems to determine whether a defendant is indigent or partially indigent” and “determine the amount a partially indigent defendant must contribute to his or her defense.” MCL 780.991, Sec. 11(3)(e)-(f).
The proposed standard can be read here.
Following a 30-day public comment period, the MIDC will hold a public hearing on Tuesday September 15, 2020 by Zoom. Information regarding the public hearing will be made available on the MIDC website.
Written public comment for consideration by the Commission should be submitted before September 14, 2020 to LARA-MIDC-Info@michigan.gov. Alternatively, comments can be sent by that date to the MIDC’s Office, 200 N. Washington Square, 3rd Floor, Lansing, MI 48913. All comments will be posted and available on the MIDC website.
Every indigent defense funding unit in Michigan is required to submit an annual plan for compliance with the approved standards and a corresponding and cost analysis to the MIDC. Once a standard is approved, systems must submit a plan for compliance with the standard and a cost analysis within 180 days of approval by LARA.
The MIDC was created to improve legal representation for indigent persons charged as adults with criminal offenses. 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 and the Michigan Constitution of 1963, and with the Michigan Indigent Defense Commission Act.
2019 Annual Impact Report
The MIDC is required to publish an annual report pursuant to M.C.L. §780.999. The 2019 Impact Report, Indigent Defense Transformation Begins Statewide, 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).