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.

MAC praises Rep. VerHeulen for leading effort to resolve court funding questions

federal courtoom detroitLegislation filed today by Rep. Rob VerHeulen (R-Kent) that would keep funding for local trial courts stable and create a special commission to study best practices is an important move toward permanent reform, the Michigan Association of Counties (MAC) said today.

MAC, representing Michigan’s 83 counties, which have responsibility for local trial courts, has been working diligently with legislators and other stakeholders on an improved court funding model since a 2014 Michigan Supreme Court ruling through the traditional funding system into disarray.

In People v. Cunningham in June 2014, the court ruled a lack of statutory authority invalidated the use of fees routinely imposed on convicted defendants. That meant local courts were looking at operating fund losses in the tens of millions of dollars. MAC helped lead a coalition of stakeholders to draft legislation to restore the fee authority, which became law in fall 2014. That fee authority, though, expires this October.

Rep. VerHeulen’s bills, House Bills 4612 and 4613, would again extend the fee authority, this time to Oct. 17, 2020, plus direct the formation of a commission to analyze court funding models and make a recommendation to the Legislature for action. The bills were assigned to the House Appropriations Committee.

“This is a difficult issue, so we are thankful Rep. VerHeulen is, first, ensuring stable operations for our trial courts and, second, putting together a process to enact a better, permanent funding system,” said Deena Bosworth, MAC’s director of governmental affairs. “Since the proverbial clock is ticking, it’s vital for the Legislature to review and advance this legislation to Gov. Snyder’s desk by September.”

For more information on the Michigan Association of Counties, visit www.micounties.org.

April calls tackle mentally ill in county jails

stepping-up-logoThe National Association of Counties (NACo) urges counties to participate in the following call:

“Join the Stepping Up partners for the second Stepping Up Network Call: a deeper dive into the question “Do we conduct timely screening and assessments?” which is featured in the publication Reducing the Number of People with Mental Illness in Jails: Six Questions County Leaders Need to Ask. On this call, a representative from the Virginia Department of Behavioral Health and Developmental Services will discuss specific mental health screening tools and protocols used in regional and local jails. In addition, representatives from Champaign County, IL, and Douglas County, KS, will be available to discuss their counties’ screening and assessment processes and respond to participants’ questions. Prior to the call, participants should join or review the “Conducting Timely Mental Health Screening and Assessment in Jails” webinar, which will occur on Thursday, April 6 at 2pm ET. The webinar will be recorded and posted on the Stepping Up Toolkit

Click here to register for the call.

MAC praises new report on vital role of county services

michigan-county-mapA new report unveiled at MAC’s 2017 Legislative Conference could help the state take a broader view of the importance of proper funding for county services, MAC’s Deena Bosworth told MIRS News Service Thursday.

The study, Counties in Michigan: An Exercise in Regional Government, details the advantages that counties already offer in the pursuit of greater collaboration on public services and improved efficiency.

“(CRC) is not advocating a one-size-fits-all solution to  regional  government  in  Michigan,  but  rather  a  move to thinking of local government more in terms
of the region and what county government can do in a more effective and economical manner than a city, village, or township can do,” the report concludes.

Speaking at the MAC conference Tuesday, Gov. Rick Snyder said Michigan should look to invest more in local services. MAC will be urging the governor and his administration to work with the Legislature to translate that concept into tangible changes in state budgets and regulations as the legislative session continues in 2017.

MAC supports reintroduced bill to reform Tax Tribunal, resolve Dark Stores crisis

Deena Bosworth, director of governmental affairs

Deena Bosworth, director of governmental affairs

A bill that restores fairness to Michigan’s property tax appeals system was reintroduced in the House March 21 with the strong support of MAC and other local government leaders throughout the state.

House Bill 4397, sponsored by Rep. David Maturen, R-Brady Township, is already backed by a bipartisan group of 54 House members. Officials discussed the legislation and issue at a news conference Tuesday afternoon.

“Deed restrictions that prevent commercial property from being utilized by another commercial retailer not only prevent true competition, but also artificially drive down demand for the property, thereby lowering the value.” said Deena Bosworth, director of governmental affairs for MAC in a statement released Tuesday. “That’s the key problem here. Rep. Maturen drew on his experience as a county commissioner and as an appraiser to identify a solution to this and the other problems the Tax Tribunal has created with its Dark Stores rulings.”

HB 4397 would require Tax Tribunal members to apply standard appraisal procedures when reaching their findings of facts and conclusions of law in larger property tax cases. The bill is a reintroduction of legislation that was approved in the state House of Representatives in June 2016 by a 97-11 margin.

To read the complete statement, click here.

MAC details need for action on funding to House committee

deena TV 3-8-17MAC’s Deena Bosworth provided an overview of the funding crisis besetting counties across Michigan during an appearance Wednesday before the House Local Government Committee.

“The Great Recession really hurt our property tax values … you need to understand property tax values can drop as fast as the market drops, but we can’t recover when the value of your home is going up, it takes a long time for that taxable value to go back up,” Bosworth explained. “The demand on our services hasn’t gone down, but the revenue has, when you adjust for inflation.”

Funding reform is a top legislative priority for MAC in 2017.

You can see Bosworth’s complete testimony here.

Bosworth’s presentation also can be found in the members section of MAC’s website.

Charlotte Williams, Genesee County pioneer, remembered

charlotte williamsCharlotte Williams, the first African American to be president of the National Association of Counties’ Board and the first African-American woman to be elected to the Genesee County Board, was remembered by MAC’s Tim McGuire as “a really, really sharp lady.”

Williams passed away in January.

She served for more than a decade in Genesee County and in the late 1970s became the second woman to lead NACo’s Board.

McGuire, who recently stepped down as MAC’s executive director, shared some memories of Williams with NACo in this week’s edition of County News.

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.

Bring world-class art exhibits to your county!

callfor_insideoutMore than half of Michigan’s counties are now eligible to participate in 2017 in a program that brings exhibits from the world-renowned Detroit Institute of Arts to the four corners of the state.

List of eligible counties

Via its “Inside Out” program, DIA is partnering with the Michigan Council for Arts and Cultural Affairs to bring open-air exhibits to 15 qualifying communities in 2017.

Inside Out brings framed reproductions of DIA masterworks to parks and downtowns, creating an open air gallery. Fifteen reproductions will be installed from Memorial Day to Oct. 31. Participating communities will also receive a stipend to support Inside Out programming.

Applications are due by Feb. 17 and are available here.

Shiawassee County rejoins MAC

shiawasseeThanks to a vote by the Shiawassee Board of Commissioners this month, MAC will enter 2017 with all 83 counties as dues-paying members.

“This is excellent news for MAC and, more importantly, our members,” said incoming Executive Director Steve Currie. “Our collective voice will now be stronger at the State Capitol in a year when we are seeking major reforms to aid county governments on financing public services.”

Shiawassee County Board Chairman Hartmann Aue cited MAC’s services and the county’s financial improvements for the move.

“In two years, Shiawassee County has completely changed our financial condition. We have generated a record surplus of nearly $800,000, paid down long term debts by more than $850,000 and have grown our ‘rainy day fund’ from $23,000 to more than $400,000. … I felt now was the time to rejoin MAC and provide the Board of Commissioners additional resources to govern successfully,” he said. “The services and trainings provided by MAC will only help Shiawassee County continue the positive momentum from the foundation set in place by the 2015-2016 Board.”

With its membership, Shiawassee now can leverage the advocacy, educational and networking opportunities MAC offers all its members, plus special service arrangements with such business partners as Nationwide Retirement Solutions, Allstate Benefits and Lincoln Financial.