Standards

Standards

Standards 1, 2, 3, and 4 were approved by the Department of Licensing and Regulatory Affairs (LARA) on May 22, 2017. These standards cover training and education of counsel, the initial client interview, use of investigation and experts, and counsel at first appearance and other critical stages. Standard 5, which requires independence from the judiciary, was approved by LARA on October 29, 2020. The standard for determining indigency and contribution was approved by LARA on October 28, 2021. The standard covering attorney compensation (Standard 8) was approved on October 28, 2022. The standards covering workload limitations and qualification and review of attorneys accepting assignments in adult criminal cases were approved on October 24, 2023.

All trial court funding units in Michigan are required to submit plans for compliance with these approved standards no later than Monday, April 22, 2024.

Download the complete packet of MIDC Standards here.

Please visit our grants page for updates about compliance planning.

Education and Training of Defense Counsel

Read the White Paper for Standard 1

Review the MIDC’s Guidelines for Trainers and Training Providers

The MIDC Act requires adherence to the principle that “[d]efense counsel is required to attend continuing legal education relevant to counsel’s indigent defense clients.” MCL 780.991(2)(e). The United States Supreme Court has held that the constitutional right to counsel guaranteed by the Sixth Amendment includes the right to the effective assistance of counsel. The mere presence of a lawyer at a trial “is not enough to satisfy the constitutional command.” Strickland v Washington, 466 US 668, 685; 104 S Ct 2052, 2063; 80 L Ed 2d 674 (1984). Further, the Ninth Principle of The American Bar Association’s Ten Principles of a Public Defense Delivery System provides that a public defense system, in order to provide effective assistance of counsel, must ensure that “Defense counsel is provided with and required to attend continuing legal education.”

The MIDC proposed a minimum standard for the education and training of defense counsel.  The version conditionally approved by the Court and submitted by the MIDC and approved by the department is as follows:

A.  Knowledge of the law. Counsel shall have reasonable knowledge of substantive Michigan and federal law, constitutional law, criminal law, criminal procedure, rules of evidence, ethical rules and local practices. Counsel has a continuing obligation to have reasonable knowledge of the changes and developments in the law. “Reasonable knowledge” as used in this standard means knowledge of which a lawyer competent under MRPC 1.1 would be aware.

B.  Knowledge of scientific evidence and applicable defenses. Counsel shall have reasonable knowledge of the forensic and scientific issues that can arise in a criminal case, the legal issues concerning defenses to a crime, and be reasonably able to effectively litigate those issues.

C.  Knowledge of technology. Counsel shall be reasonably able to use office technology commonly used in the legal community, and technology used within the applicable court system. Counsel shall be reasonably able to thoroughly review materials that are provided in an electronic format.

D.  Continuing education. Counsel shall annually complete continuing legal education courses relevant to the representation of the criminally accused. Counsel shall participate in skills training and educational programs in order to maintain and enhance overall preparation, oral and written advocacy, and litigation and negotiation skills. Lawyers can discharge this obligation for annual continuing legal education by attending local trainings or statewide conferences. Attorneys with fewer than two years of experience practicing criminal defense in Michigan shall participate in one basic skills acquisition class. All attorneys shall annually complete at least twelve hours of continuing legal education. Training shall be funded through compliance plans submitted by the local delivery system or other mechanism that does not place a financial burden on assigned counsel. The MIDC shall collect or direct the collection of data regarding the number of hours of continuing legal education offered to and attended by assigned counsel, shall analyze the quality of the training, and shall ensure that the effectiveness of the training be measurable and validated. A report regarding these data shall be submitted to the Court annually by April 1 for the previous calendar year.

Comment:  

The minimum of twelve hours of training represents typical national and some local county requirements, and is accessible in existing programs offered statewide.