The Michigan Supreme Court has published for comment the first set of proposed standards for appointed counsel.
As required by PA 93 of 2013, the standards were developed by the Michigan Indigent Defense Commission (MIDC) and submitted to the court for review.
Public comment on the proposed standards will be received until May 1 and will be considered at a public hearing currently scheduled for May 18.
MIDC Chair James Fisher said the proposals “tackle some of the major problems Michigan faces in the delivery of adequate indigent defense systems: training and education of counsel, the initial client interview, use of investigation and experts, and counsel at first appearance and other stages.”
With submission of the proposed standards, the court is providing an opportunity for public comment just as it would with any other proposed rule.
Online comments regarding the first set of proposed standards should be submitted to ADMcomment@courts.mi.gov.
To comment using U.S. mail, please write to: Office of Administrative Counsel, PO Box 30052, Lansing, MI 48909.
The 15-member commission was established by the legislature in 2013 as a result of efforts to improve legal representation for low-income criminal defendants.
Commission members are appointed by the governor with recommendation of the Legislature, Supreme Court, the State Bar, and representing interests from the criminal justice system.
The commission is charged with:
• Collecting and compiling data necessary for the review of indigent defense services in Michigan;
• Creating standards to ensure all systems providing indigent defense meet constitutional obligations for effective assistance of counsel;
• Submitting for approval any new standards to the Michigan Supreme Court
• Developing requirements by which a person may establish a claim of indigence so those truly in need of a public defender will have access to one; and
• Working with counties to implement plans to meet the standards.
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