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MI HB4529

Bill

Status

Passed

7/3/2013

Primary Sponsor

Thomas McMillin

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Creates the Michigan Indigent Defense Commission (MIDC) as an autonomous entity in the judicial branch to establish and oversee minimum standards for indigent criminal defense services statewide, effective July 1, 2013.

  • Establishes a 15-member commission appointed by the governor from nominees submitted by legislative leaders, courts, bar associations, and other entities, with the state supreme court chief justice serving as an ex officio non-voting member.

  • Requires the MIDC to develop minimum standards ensuring effective assistance of counsel, including workload controls, attorney continuity, continuing legal education requirements, and systematic performance review at the local level.

  • Mandates local units of government maintain their baseline indigent defense funding (local share) while the state provides grants to cover costs exceeding that share needed to meet MIDC standards, with grant amounts submitted through annual plans for MIDC approval.

  • Establishes a dispute resolution process through mediation and circuit court proceedings to address conflicts between the MIDC and indigent defense systems, limiting legal challenges to equitable relief and prohibiting causes of action for statutory violations that do not constitute constitutional ineffective assistance of counsel.

Legislative Description

Criminal procedure; defenses; statewide standards and accountability measures of trial-level indigent criminal defense services; implement, and create the Michigan indigent defense commission act. Creates new act.

Criminal procedure, defenses

Last Action

Assigned Pa 93'13 With Immediate Effect

7/3/2013

Committee Referrals

Criminal Justice4/10/2013

Full Bill Text

No bill text available