The bill amends the Michigan Indigent Defense Commission Act to improve legal representation for indigent defendants in both criminal and juvenile cases. It redefines "indigent" to specify that individuals cannot obtain competent legal representation without significant financial hardship and includes "youth" as those under 18 involved in delinquency proceedings. The Michigan Indigent Defense Commission (MIDC) is established as an independent entity within the Department of Licensing and Regulatory Affairs, responsible for proposing minimum standards for effective legal counsel. The bill also modifies the MIDC's structure, increasing its voting members from 18 to 19, ensuring at least one member has expertise in juvenile justice, and requiring annual performance reports to state authorities.
Additionally, the bill introduces new operational procedures for the MIDC, such as the annual election of a chairperson from its members and limiting their terms to three consecutive years. It expands indigent defense services to include youth and mandates the MIDC to develop procedures for determining indigency while emphasizing confidentiality in attorney-client communications. The legislation also outlines compliance mechanisms, allowing courts to enforce compliance through contempt powers and enabling the MIDC to provide services if local defense systems fail to meet obligations. Overall, the bill aims to enhance the quality and accessibility of legal representation for indigent defendants while ensuring compliance with constitutional standards.
Statutes affected: House Introduced Bill: 780.983