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MI HB5804

Bill

Status

Introduced

8/15/2012

Primary Sponsor

Joseph Graves

Click for details

Origin

House of Representatives

96th Legislature

AI Summary

  • Creates the Michigan Indigent Defense Commission (MIDC) as an autonomous entity within the judicial branch to establish and oversee minimum standards for providing constitutionally effective legal representation to indigent criminal defendants.

  • Establishes a 14-member MIDC with representatives appointed by the governor from nominations submitted by legislative leaders, the Supreme Court, criminal defense associations, judicial associations, bar associations, and minority bar associations.

  • Requires the MIDC to develop minimum standards for criminal trial defense services covering attorney caseloads, qualifications, continuing education, client confidentiality, and continuous representation throughout cases.

  • Mandates local units of government maintain funding for indigent defense services at the average of their prior 3 years of expenditures (adjusted for inflation) or the statewide average, whichever is greater, with the state providing additional funds necessary to meet MIDC standards.

  • Authorizes the MIDC to audit local indigent defense systems for compliance with established standards and to provide criminal trial defense services directly at state cost if a local system fails to meet minimum standards.

Legislative Description

Criminal procedure; defenses; statewide standards and accountability measures of trial level indigent criminal defense services; implement. Creates new act.

Criminal procedure, defenses

Last Action

Referred To Committee On Judiciary

11/27/2012

Committee Referrals

Judiciary8/15/2012

Full Bill Text

No bill text available