The first proposed minimum standards for indigent defense delivery systems were submitted to the Michigan Supreme Court on January 4, 2016. These standards address education and training, the initial client interview, experts and investigators, and counsel at first appearance in front of a judge or magistrate. On January 11, 2016, the Michigan Supreme Court issued an Administrative Order providing notice and detailing the process for public comment on the standards before the Court takes any further action. The time to comment expires on May 1, 2016 and a public hearing will be held thereafter. All comments submitted to the Court will be posted on the Michigan Supreme Court’s website. Please see additional information about the process in the Court's Administrative Order.

In January, six regional consultants began their work as the liaisons between local systems and the MIDC. The consultants are collaborating with criminal justice stakeholders to design the most appropriate plans for meeting minimum standards for indigent defense in a particular county or system. The Regional Consultants have been meeting with local practitioners, court administrators, judges and jail administrators to learn about individual court systems and practices, to identify the person(s) responsible for drafting compliance plans, and to determine spending on indigent defense in an effort to estimate grant requests. The Regional Consultants have already begun talking about potential compliance needs and plans in an effort to ensure a smooth transition to meeting the mandatory minimum standards. To schedule a meeting with your Regional Consultant, please see the contact information below.

The Executive Director’s Report during the Commission meeting addressed future minimum standards to be considered by the Commission. The next standards could include independence from the judiciary, caseloads, economic incentives or disincentives to properly represent clients, qualifications and review of assigned counsel, and indigence determinations or eligibility screening for assigned counsel. These areas are specifically mentioned in the MIDC Act and have been identified as critical areas in surveys of courts and assigned counsel.

The MIDC recently completed an analysis of the first-ever comprehensive survey to measure the delivery of criminal justice for indigent defense reform in Michigan. The survey gathered details on current practices in the state’s court systems to help MIDC better understand and map the legal landscape for indigent defendants in Michigan. The survey report was prepared by MIDC Research Director Jonah Siegel, and is entitled "Snapshot of Indigent Defense Representation in Michigan’s Adult Criminal Courts: The MIDC’S First Survey of Local Court Systems." The report can be downloaded for review on the MIDC website.

The MIDC is also interested in learning from practitioners about their assigned cases and how we can work together to improve indigent defense statewide. The MIDC has recently launched a new survey and is asking that it be completed by all Michigan criminal defense attorneys, even those who do not take assigned cases. Much like the court system survey, the attorney survey seeks information about continuing legal education requirements, confidentiality of space for attorney client meetings in courts and jails, using experts and investigators in practice, and recommendations for prioritizing the next standards to be proposed by the MIDC. There is ample space for feedback and suggestions about the next steps that should be taken to improve indigent defense in Michigan. The survey takes approximately 10 minutes to complete, and can be found on the MIDC website.