Spring 2018 Update
For the past six months, the Michigan Indigent Defense Commission has reviewed and finalized compliance plan approvals for the first set of standards for indigent defense systems across the state. These standards cover training and education for assigned counsel, initial interviews, use of experts and investigators, and counsel at first appearance and all critical stages of the proceedings. From December 2017 through April 17, 2018, the MIDC approved plans from 80 percent of all funding units statewide and only a handful remain. The last set of resubmissions are due on May 21, 2018 and will be reviewed by the MIDC during its June meeting.
Now that the majority of the plans are approved, local systems should be preparing for implementation. Pursuant to the MIDC Act, indigent defense systems are required to comply with their plan within 180 days after receiving funding. While Michigan’s legislative appropriation cycle is still ongoing, funding is expected to be available by late 2018. The MIDC staff will be continuously available to assist with the implementation process and systems should expect to work with their regional managers on the next steps.
Local systems should also be familiar with the next set of standards published for comment by the MIDC, which can be found here. These standards address the need for independence from the judiciary, defender workload limitations, qualification and review of attorneys accepting assignments in adult criminal cases, and economic disincentives and incentives.
The MIDC is still accepting public comment on these new standards and will be holding a public hearing on June 12, 2018 to address remaining concerns. All stakeholders are encouraged to participate either by attending the meeting or sending comments in advance to comments@michiganidc.gov.
Additionally, the MIDC staff will be hosting an informational webinar on June 5 at 12:30pm to provide an overview of the new standards prior to the public hearing. The webinar will be recorded and posted on the MIDC website for those that cannot attend. Please register for the webinar in advance here.
The MIDC is excited to announce additions to its agency. In February 2018, Loren Khogali began her tenure as the new Executive Director of the MIDC. Most recently Loren was an attorney for 13 years with the Federal Public Defender Office in Detroit where she advocated on behalf of indigent persons charged with federal crimes at the trial, appellate and post-conviction stages. During her time at the Federal Defender Office, she participated in the development and leadership teams for the Court’s reentry and alternative to prison programs. Since 2005, Loren has also served in a variety of leadership roles for the board of directors of the ACLU of Michigan, including serving as board chair.
Also in February 2018, Governor Rick Snyder appointed Kristina Robinson as the newest Commissioner of the MIDC to serve as the nominee of the Chief Justice of the Supreme Court. Ms. Robinson is general counsel for the Wayne County Sheriff’s Office and previously served as the director of legal research and analysis. She is a member of the Major County Sheriffs of America legal affairs committee, the legal officers section of the International Association of Chiefs of Police and is a board member for Urban League of Detroit and Southeastern Michigan.
Information about all of the MIDC’s accomplishments and activities in 2017 are captured in the MIDC’s annual Impact Report, found on our website.
The MIDC will meet next on June 12, 2018 to review compliance plans and to host a public hearing on its proposed Standards 5 through 8. The Commission meets at 10:00 a.m. in Lansing for the business agenda, and the public hearing on the next standards will begin at 1:00 p.m. that same day. All meetings are open to the public. Information about upcoming meetings, or agendas and minutes from prior meetings can be found on our website. We will continue to post progress about our work and any other developments about indigent defense in Michigan on our website as well.