HB 5676 – Michigan Public Defense Act

This week Michigan State Representatives Constan and Amash introduced HB 5676, which would create the Michigan Public Defense Act.  The bill has been referred to the Judiciary Committee in the State House.  It would create a statewide public defense system that includes representation for juvenile delinquents.

Here is a summary of the highlights of the bill with an emphasis on juvenile defenders:

• A state-wide public defender service would be created to provide public defense throughout the state.
  • The state service would provide defense for indigent criminal defendants and juvenile respondents.
  • The bill would allow for contract public defense services.
  • Indigence would be defined as having an income not more than 133% of the federal poverty level.
  • Juvenile indigence would be determined by whether the parents would be eligible for public defense services or if they are unwilling to retain counsel to represent the juvenile.
• A public defense commission would be established to create policy for the state system.
  • The commission would consist of 9 members appointed by the governor.
  • At least one member would have experience representing juveniles in delinquency proceedings.
• A state office of public defense would be created within the judicial branch to administer the system.
  • The state public defender would be appointed by the commission to head the office of public defense.
  • All state public defender employees would be considered employees of the judicial branch.
  • Compensation for full-time public defenders and staff would not be less than the compensation of assistant prosecutors and staff with comparable duties in the region.
• Regional offices would be created under the supervision of a regional public defender.
  • The state public defender would establish regional offices headed by regional public defenders.
  • The bill would allow for contract public defense offices also.
• The bill would create an appellate bureau, headed by a chief appellate defender, to oversee appellate defense.

This bill is a step in the right direction.  I would have liked to have seen inclusion of LGALs and parent representation in child protective proceedings, but these budget times do not allow us to be greedy.

I think the political reality is that the state must adopt some sort of public defense system before the Federal government imposes one.  I doubt Lansing wants Washington to force its hand.  This may motivate the state legislature to take some action on this.  There is additional pressure because the U.S. Justice Department is considering a lawsuit over Michigan’s public defense system.  However, I would not expect the state to act too quickly on this.  The introduction of this legislation may be intended to stall the Federal government (a sub-committee of the U.S. House held hearings on Michigan’s public defense system – or lack of – earlier this year).  The legislature may play a game of kick the can with this legislation as long as it can get away with it.

MIRS, a well-respected Capitol newsletter, reports House Judiciary Chair Rep. Mark Meadows intends to have the legislation passed on the floor in February.  According to Rep. Meadows, the biggest concern is cost.  The goal is to make it expense-neutral for the state.  Currently, counties foot the bill.  Thus, funding would have to come from the counties.

Does anyone have any thoughts on the public defender model of indigent representation? Leave your comments.

You can follow the bill here: HB 5676

© 2009, Melinda Deel. All rights reserved.

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