The 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.