First 4 standards for indigent defense approved; 180-day compliance clock started

indigent defenseThe first standards from the state’s Indigent Defense Commission (MIDC) were approved late Monday (May 22) by the Department of Licensing and Regulatory Affairs. This decision now begins a 180-day clock for counties to submit their compliance plans for these four particular standards:

  • Education and training
  • Initial client interviews
  • Experts and investigators
  • Presence of counsel in front of a judge

Remember, once a compliance plan has been approved, counties still do not have to comply with the standards (if they are not already complying) until state funding for those measures has been appropriated. After receipt of the funds, counties will have another 180 days to implement the changes.

Additional information can be found on the MIDC website. The complete text of the order is here.

If you have questions, contact Elizabeth Gorz, gorz@micounties.org or 248-330-2288.

Comments sought on indigent defense standards

megaphone imageThe Michigan Indigent Defense Commission (MIDC) is seeking public comment on the minimum standards now under consideration. Those standards involve education and training, the initial client interview, experts and investigators and counsel during critical court appearances.

Deadline to comment is March 9.

Once the public comment period has ended, LARA will make a decision on approval. If the standards are approved, a 180-day clock for counties to submit their local operational plans will begin.

NOTE: Implementation of those plans does not have to begin until the plans are approved and any additional costs are paid for by the state.

The Michigan Supreme Court conditionally approved these standards, but had constitutional concerns regarding their oversight of the commission. Legislation passed last year addressed this concern by moving the commission from the judicial branch to the state Department of Licensing and Regulatory Affairs (LARA) to ensure MIDC is independent of the judiciary. Due to this move, MIDC was required to resubmit the proposed standards to the LARA for approval, which it did the week of Feb. 6.

Comments should be submitted by March 9, 2017, to comments@michiganidc.gov. All comments will be posted on the MIDC website.