(1) The Michigan indigent defense commission is established within the department.
(2) The MIDC shall retain as an autonomous entity all statutory authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other functions, including the functions of budgeting, personnel, locating offices, and other management functions. Any portion of funds appropriated to the MIDC that is not expended in a state fiscal year shall not lapse to the general fund but shall be carried forward in a work project account that is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a, for use in the following state fiscal year.
Terms Used In Michigan Laws 780.985
- commission: means the Michigan indigent defense commission created under section 5. See Michigan Laws 780.983
- Department: means the department of licensing and regulatory affairs. See Michigan Laws 780.983
- Indigent: means meeting 1 or more of the conditions described in section 11(3). See Michigan Laws 780.983
- Indigent criminal defense services: means local legal defense services provided to a defendant and to which both of the following conditions apply:
(i) The defendant is being prosecuted or sentenced for a crime for which an individual may be imprisoned upon conviction, beginning with the defendant's initial appearance in court to answer to the criminal charge. See Michigan Laws 780.983
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 324.51501
- system: means either of the following:
(i) The local unit of government that funds a trial court. See Michigan Laws 780.983
(3) The MIDC shall propose minimum standards for the local delivery of indigent criminal defense services providing effective assistance of counsel to adults throughout this state. These minimum standards shall be designed to ensure the provision of indigent criminal defense services that meet constitutional requirements for effective assistance of counsel. However, these minimum standards shall not infringe on the supreme court’s authority over practice and procedure in the courts of this state as set forth in section 5 of article VI of the state constitution of 1963.
(4) The commission shall convene a public hearing before a proposed standard is recommended to the department. A minimum standard proposed under this subsection shall be submitted to the department for approval or rejection. Opposition to a proposed minimum standard may be submitted to the department in a manner prescribed by the department. An indigent criminal defense system that objects to a recommended minimum standard on the ground that the recommended minimum standard would exceed the MIDC’s statutory authority shall state specifically how the recommended minimum standard would exceed the MIDC’s statutory authority. A proposed minimum standard is final when it is approved by the department. A minimum standard that is approved by the department is not subject to challenge through the appellate procedures in section 15. An approved minimum standard for the local delivery of indigent criminal defense services within an indigent criminal defense system is not a rule as defined in section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(5) Approval of a minimum standard proposed by the MIDC is considered a final department action subject to judicial review under section 28 of article VI of the state constitution of 1963 to determine whether the approved minimum standard is authorized by law. Jurisdiction and venue for judicial review are vested in the court of claims. An indigent criminal defense system may file a petition for review in the court of claims within 60 days after the date of mailing notice of the department’s final decision on the recommended minimum standard. The filing of a petition for review does not stay enforcement of an approved minimum standard, but the department may grant, or the court of claims may order, a stay upon appropriate terms.
(6) The MIDC shall identify and encourage best practices for delivering the effective assistance of counsel to indigent defendants charged with crimes.