2013 House Bill 4529 / Public Act 93

Establish and impose minimum indigent defense standards

Introduced in the House

April 10, 2013

Introduced by Rep. Tom McMillin (R-45)

To create a Michigan indigent defense commission to establish statewide standards and accountability measures for court-appointed attorneys who represent indigent criminal defendants, and establish a process by which all counties in the state would be required to conform with the standards. If a local failed to adopt them, the commission could take over its indigent defense administration, and impose a gradually increasing portion of the state’s costs for this, up to 40 percent. Locals would be responsible for maintaining funding at current levels, and all this would be subject to a detailed mediation and appeals process. The bill authorizes but does not fund state grants to cover increased costs.

Referred to the Committee on Criminal Justice

May 22, 2013

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

June 13, 2013

Substitute offered

The substitute passed by voice vote

Amendment offered by Rep. Tom McMillin (R-45)

The amendment passed by voice vote

Passed in the House 101 to 6 (details)

To create a Michigan indigent defense commission to establish statewide standards and accountability measures for court-appointed attorneys who represent indigent criminal defendants, and if the state Supreme Court agrees, establish procedures by which an agency would be created to enforce expeditious adoption of the standards in local jurisdictions. If a local failed to adopt them, this agency would take over its indigent defense administration, and impose a gradually increasing portion of the state’s costs for this, up to 40 percent. Local governments would be responsible for maintaining funding at current levels. The bill authorizes but does not fund state grants to cover increased costs.

Received in the Senate

June 18, 2013

Referred to the Committee of the Whole

June 19, 2013

Passed in the Senate 33 to 4 (details)

To create a Michigan indigent defense commission to establish statewide standards and accountability measures for court-appointed attorneys who represent indigent criminal defendants, and establish a process by which all counties in the state would be required to conform with the standards. If a local failed to adopt them, the commission could take over its indigent defense administration, and impose a gradually increasing portion of the state’s costs for this, up to 40 percent. Locals would be responsible for maintaining funding at current levels, and all this would be subject to a detailed mediation and appeals process. The bill authorizes but does not fund state grants to cover increased costs.

Signed by Gov. Rick Snyder

July 1, 2013