HB-4529, As Passed House, June 19, 2013HB-4529, As Passed Senate, June 19, 2013

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4529

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to create the Michigan indigent defense commission and

 

to provide for its powers and duties; to provide indigent

 

defendants in criminal cases with effective assistance of counsel;

 

to provide standards for the appointment of legal counsel; to

 

provide for and limit certain causes of action; and to provide for

 

certain appropriations and grants.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"Michigan indigent defense commission act".

 

     Sec. 3. As used in this act:

 

     (a) "Adult" means either of the following:

 

     (i) An individual 17 years of age or older.

 

     (ii) An individual less than 17 years of age at the time of the

 


commission of a felony if any of the following conditions apply:

 

     (A) During consideration of a petition filed under section 4

 

of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

 

712A.4, to waive jurisdiction to try the individual as an adult and

 

upon granting a waiver of jurisdiction.

 

     (B) The prosecuting attorney designates the case under section

 

2d(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

 

712A.2d, as a case in which the juvenile is to be tried in the same

 

manner as an adult.

 

     (C) During consideration of a request by the prosecuting

 

attorney under section 2d(2) of chapter XIIA of the probate code of

 

1939, 1939 PA 288, MCL 712A.2d, that the court designate the case

 

as a case in which the juvenile is to be tried in the same manner

 

as an adult.

 

     (D) The prosecuting attorney authorizes the filing of a

 

complaint and warrant for a specified juvenile violation under

 

section 1f of chapter IV of the code of criminal procedure, 1927 PA

 

175, MCL 764.1f.

 

     (b) "Effective assistance of counsel" or "effective

 

representation" means legal representation that is compliant with

 

standards established by the appellate courts of this state and the

 

United States supreme court.

 

     (c) "Indigent" means meeting 1 or more of the conditions

 

described in section 11(3).

 

     (d) "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.

 

     (ii) The defendant is determined to be indigent under section

 

11(3).

 

     (e) Indigent criminal defense services do not include services

 

authorized to be provided under the appellate defender act, 1978 PA

 

620, MCL 780.711 to 780.719.

 

     (f) "Indigent criminal defense system" or "system" means

 

either of the following:

 

     (i) The local unit of government that funds a trial court

 

combined with each and every trial court funded by the local unit

 

of government.

 

     (ii) If a trial court is funded by more than 1 local unit of

 

government, those local units of government, collectively, combined

 

with each and every trial court funded by those local units of

 

government.

 

     (g) "Local share" or "share" means an indigent criminal

 

defense system's average annual expenditure for indigent criminal

 

defense services in the 3 fiscal years immediately preceding the

 

creation of the MIDC under this act, excluding money reimbursed to

 

the system by individuals determined to be partially indigent.

 

     (h) "MIDC" or "commission" means the Michigan indigent defense

 

commission created under section 5.

 

     Sec. 5. (1) The Michigan indigent defense commission is

 

created in the judicial branch of state government.

 


     (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.

 

     (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. The commission

 

shall convene a public hearing before a proposed standard is

 

submitted to the supreme court. A minimum standard proposed under

 

this subsection shall be submitted to the supreme court. Opposition

 

to a proposed minimum standard may be submitted to the supreme

 

court in a manner prescribed by the supreme court, but a minimum

 

standard that is approved by the supreme court is not subject to

 

challenge through the appellate procedures under section 15. A

 

proposed minimum standard shall be final when it is approved by the

 

supreme court. If the supreme court neither approves nor

 

disapproves a proposed minimum standard within 180 days of its

 

submission, then the standard is not approved.

 


     (4) The MIDC shall identify and encourage best practices for

 

delivering the effective assistance of counsel to indigent

 

defendants charged with crimes.

 

     Sec. 7. (1) The MIDC includes 15 voting members and the ex

 

officio member described in subsection (2). The 15 voting members

 

shall be appointed by the governor for terms of 4 years, except as

 

provided in subsection (4). Subject to subsection (3), the governor

 

shall appoint members under this subsection as follows:

 

     (a) Two members submitted by the speaker of the house of

 

representatives.

 

     (b) Two members submitted by the senate majority leader.

 

     (c) One member from a list of 3 names submitted by the supreme

 

court chief justice.

 

     (d) Three members from a list of 9 names submitted by the

 

criminal defense attorney association of Michigan.

 

     (e) One member from a list of 3 names submitted by the

 

Michigan judges association.

 

     (f) One member from a list of 3 names submitted by the

 

Michigan district judges association.

 

     (g) One member from a list of 3 names submitted by the state

 

bar of Michigan.

 

     (h) One member from a list of names submitted by bar

 

associations whose primary mission or purpose is to advocate for

 

minority interests. Each bar association described in this

 

subdivision may submit 1 name.

 

     (i) One member from a list of 3 names submitted by the

 

prosecuting attorney's association of Michigan who is a former

 


county prosecuting attorney or former assistant county prosecuting

 

attorney.

 

     (j) One member selected to represent the general public.

 

     (k) One member selected to represent local units of

 

government.

 

     (2) The supreme court chief justice or his or her designee

 

shall serve as an ex officio member of the MIDC without vote.

 

     (3) Individuals nominated for service on the MIDC as provided

 

in subsection (1) shall have significant experience in the defense

 

or prosecution of criminal proceedings or have demonstrated a

 

strong commitment to providing effective representation in indigent

 

criminal defense services. Of the members appointed under this

 

section, the governor shall appoint no fewer than 2 individuals who

 

are not licensed attorneys. Any individual who receives

 

compensation from this state or an indigent criminal defense system

 

for providing prosecution of or representation to indigent adults

 

in state courts is ineligible to serve as a member of the MIDC. Not

 

more than 3 judges, whether they are former judges or sitting

 

judges, shall serve on the MIDC at the same time. The governor may

 

reject the names submitted under subsection (1) and request

 

additional names.

 

     (4) MIDC members shall hold office until their successors are

 

appointed. The terms of the members shall be staggered. Initially,

 

4 members shall be appointed for a term of 4 years each, 4 members

 

shall be appointed for a term of 3 years each, 4 members shall be

 

appointed for a term of 2 years each, and 3 members shall be

 

appointed for a term of 1 year each.

 


     (5) The governor shall fill a vacancy occurring in the

 

membership of the MIDC in the same manner as the original

 

appointment, except if the vacancy is for an appointment described

 

in subsection (1)(d), the source of the nomination shall submit a

 

list of 3 names for each vacancy. However, if the senate majority

 

leader or the speaker of the house of representatives is the source

 

of the nomination, 1 name shall be submitted. If an MIDC member

 

vacates his or her commission before the end of the member's term,

 

the governor shall fill that vacancy for the unexpired term only.

 

     (6) The governor shall appoint 1 of the original MIDC members

 

to serve as chairperson of the MIDC for a term of 1 year. At the

 

expiration of that year, or upon the vacancy in the membership of

 

the member appointed chairperson, the MIDC shall annually elect a

 

chairperson from its membership to serve a 1-year term. An MIDC

 

member shall not serve as chairperson of the MIDC for more than 3

 

consecutive terms.

 

     (7) MIDC members shall not receive compensation in that

 

capacity but shall be reimbursed for their reasonable actual and

 

necessary expenses by the state treasurer.

 

     (8) The governor may remove an MIDC member for incompetence,

 

dereliction of duty, malfeasance, misfeasance, or nonfeasance in

 

office, or for any other good cause.

 

     (9) A majority of the MIDC voting members constitute a quorum

 

for the transaction of business at a meeting of the MIDC. A

 

majority of the MIDC voting members are required for official

 

action of the commission.

 

     (10) Confidential case information, including, but not limited

 


to, client information and attorney work product, is exempt from

 

disclosure under the freedom of information act, 1976 PA 442, MCL

 

15.231 to 15.246.

 

     Sec. 9. (1) The MIDC has the following authority and duties:

 

     (a) Developing and overseeing the implementation, enforcement,

 

and modification of minimum standards, rules, and procedures to

 

ensure that indigent criminal defense services providing effective

 

assistance of counsel are consistently delivered to all indigent

 

adults in this state consistent with the safeguards of the United

 

States constitution, the state constitution of 1963, and this act.

 

     (b) Investigating, auditing, and reviewing the operation of

 

indigent criminal defense services to assure compliance with the

 

commission's minimum standards, rules, and procedures. However, an

 

indigent criminal defense service that is in compliance with the

 

commission's minimum standards, rules, and procedures shall not be

 

required to provide indigent criminal defense services in excess of

 

those standards, rules, and procedures.

 

     (c) Hiring an executive director and determining the

 

appropriate number of staff needed to accomplish the purpose of the

 

MIDC consistent with annual appropriations.

 

     (d) Assigning the executive director the following duties:

 

     (i) Establishing an organizational chart, preparing an annual

 

budget, and hiring, disciplining, and firing staff.

 

     (ii) Assisting the MIDC in developing, implementing, and

 

regularly reviewing the MIDC's standards, rules, and procedures,

 

including, but not limited to, recommending to the MIDC suggested

 

changes to the criteria for an indigent adult's eligibility for

 


receiving criminal trial defense services under this act.

 

     (e) Establishing procedures for the receipt and resolution of

 

complaints, and the implementation of recommendations from the

 

courts, other participants in the criminal justice system, clients,

 

and members of the public.

 

     (f) Establishing procedures for the mandatory collection of

 

data concerning the operation of the MIDC, each individual attorney

 

providing indigent criminal defense services, each indigent

 

criminal defense system, and the operation of indigent criminal

 

defense services.

 

     (g) Establishing rules and procedures for indigent criminal

 

defense systems to apply to the MIDC for grants to bring the

 

system's delivery of indigent criminal defense services into

 

compliance with the minimum standards established by the MIDC.

 

     (h) Establishing procedures for annually reporting to the

 

governor, legislature, and supreme court. The report required under

 

this subdivision shall include, but not be limited to,

 

recommendations for improvements and further legislative action.

 

     (2) Upon the appropriation of sufficient funds, the MIDC shall

 

establish minimum standards to carry out the purpose of this act,

 

and collect data from all indigent criminal defense systems and

 

individual attorneys providing indigent criminal defense services

 

to adults. The MIDC shall propose goals for compliance with the

 

minimum standards established under this act consistent with the

 

metrics established under this section and appropriations by this

 

state.

 

     (3) In establishing and overseeing the minimum standards,

 


rules, and procedures described in subsection (1), the MIDC shall

 

emphasize the importance of indigent criminal defense services

 

provided to juveniles under the age of 17 who are tried in the same

 

manner as adults or who may be sentenced in the same manner as

 

adults and to adults with mental impairments.

 

     (4) The MIDC shall be mindful that defense attorneys who

 

provide indigent criminal defense services are partners with the

 

prosecution, law enforcement, and the judiciary in the criminal

 

justice system.

 

     (5) The commission shall establish procedures for the conduct

 

of its affairs and promulgate policies necessary to carry out its

 

powers and duties under this act.

 

     (6) Commission policies shall be placed in an appropriate

 

manual, made publicly available on a website, and made available to

 

all attorneys and professionals providing indigent criminal defense

 

services, the supreme court, the governor, the senate majority

 

leader, the speaker of the house of representatives, the senate and

 

house appropriations committees, and the senate and house fiscal

 

agencies.

 

     Sec. 11. (1) The MIDC shall establish minimum standards,

 

rules, and procedures to effectuate the following:

 

     (a) The delivery of indigent criminal defense services shall

 

be independent of the judiciary but ensure that the judges of this

 

state are permitted and encouraged to contribute information and

 

advice concerning that delivery of indigent criminal defense

 

services.

 

     (b) If the caseload is sufficiently high, indigent criminal

 


defense services may consist of both an indigent criminal defender

 

office and the active participation of other members of the state

 

bar.

 

     (c) Trial courts shall assure that each criminal defendant is

 

advised of his or her right to counsel. All adults, except those

 

appearing with retained counsel or those who have made an informed

 

waiver of counsel, shall be screened for eligibility under this

 

act, and counsel shall be assigned as soon as an indigent adult is

 

determined to be eligible for indigent criminal defense services.

 

     (2) The MIDC shall implement minimum standards, rules, and

 

procedures to guarantee the right of indigent defendants to the

 

assistance of counsel as provided under amendment VI of the

 

constitution of the United States and section 20 of article I of

 

the state constitution of 1963. In establishing minimum standards,

 

rules, and procedures, the MIDC shall adhere to the following

 

principles:

 

     (a) Defense counsel is provided sufficient time and a space

 

where attorney-client confidentiality is safeguarded for meetings

 

with defense counsel's client.

 

     (b) Defense counsel's workload is controlled to permit

 

effective representation. Economic disincentives or incentives that

 

impair defense counsel's ability to provide effective

 

representation shall be avoided. The MIDC may develop workload

 

controls to enhance defense counsel's ability to provide effective

 

representation.

 

     (c) Defense counsel's ability, training, and experience match

 

the nature and complexity of the case to which he or she is

 


appointed.

 

     (d) The same defense counsel continuously represents and

 

personally appears at every court appearance throughout the

 

pendency of the case. However, indigent criminal defense systems

 

may exempt ministerial, nonsubstantive tasks, and hearings from

 

this prescription.

 

     (e) Defense counsel is required to attend continuing legal

 

education relevant to counsel's indigent defense clients.

 

     (f) Defense counsel is systematically reviewed at the local

 

level for efficiency and for effective representation according to

 

MIDC standards.

 

     (3) The following requirements apply to the application for,

 

and appointment of, indigent criminal defense services under this

 

act:

 

     (a) A preliminary inquiry regarding, and the determination of,

 

the indigency of any defendant shall be made by the court not later

 

than at the defendant's first appearance in court. The

 

determination may be reviewed by the court at any other stage of

 

the proceedings. In determining whether a defendant is entitled to

 

the appointment of counsel, the court shall consider whether the

 

defendant is indigent and the extent of his or her ability to pay.

 

The court may consider such factors as income or funds from

 

employment or any other source, including personal public

 

assistance, to which the defendant is entitled, property owned by

 

the defendant or in which he or she has an economic interest,

 

outstanding obligations, the number and ages of the defendant's

 

dependents, employment and job training history, and his or her

 


level of education.

 

     (b) A defendant is considered to be indigent if he or she is

 

unable, without substantial financial hardship to himself or

 

herself or to his or her dependents, to obtain competent, qualified

 

legal representation on his or her own. Substantial financial

 

hardship shall be rebuttably presumed if the defendant receives

 

personal public assistance, including under the food assistance

 

program, temporary assistance for needy families, medicaid, or

 

disability insurance, resides in public housing, or earns an income

 

less than 140% of the federal poverty guideline. A defendant is

 

also rebuttably presumed to have a substantial financial hardship

 

if he or she is currently serving a sentence in a correctional

 

institution or is receiving residential treatment in a mental

 

health or substance abuse facility.

 

     (c) A defendant not falling below the presumptive thresholds

 

described in subdivision (b) shall be subjected to a more rigorous

 

screening process to determine if his or her particular

 

circumstances, including the seriousness of the charges being

 

faced, his or her monthly expenses, and local private counsel rates

 

would result in a substantial hardship if he or she were required

 

to retain private counsel.

 

     (d) A defendant shall be responsible for applying for indigent

 

defense counsel and for establishing his or her indigency and

 

eligibility for appointed counsel under this act. Any oral or

 

written statements made by the defendant in or for use in the

 

criminal proceeding and material to the issue of his or her

 

indigency shall be made under oath or an equivalent affirmation.

 


     Sec. 13. (1) All indigent criminal defense systems and, at the

 

direction of the supreme court, attorneys engaged in providing

 

indigent criminal defense services shall cooperate and participate

 

with the MIDC in the investigation, audit, and review of their

 

indigent criminal defense services.

 

     (2) An indigent criminal defense system may submit to the MIDC

 

an estimate of the cost of developing the plan and cost analysis

 

for implementing the plan under subsection (3) to the MIDC for

 

approval. Upon approval, the MIDC shall award the indigent criminal

 

defense system a grant to pay the approved costs for developing the

 

plan and cost analysis under subsection (3).

 

     (3) No later than 180 days after a standard is approved by the

 

supreme court, each indigent criminal defense system shall submit a

 

plan to the MIDC for the provision of indigent criminal defense

 

services in a manner as determined by the MIDC and shall submit an

 

annual plan for the following state fiscal year on or before

 

February 1 of each year. A plan submitted under this subsection

 

shall specifically address how the minimum standards established by

 

the MIDC under this act shall be met and shall include a cost

 

analysis. The standards to be addressed in the annual plan are

 

those that the supreme court approved not less than 60 days before

 

the annual plan submission date. This cost analysis shall include a

 

statement of the funds in excess of the local share, if any,

 

necessary to allow its system to comply with the MIDC's minimum

 

standards.

 

     (4) The MIDC shall approve or disapprove a plan or cost

 

analysis, or both a plan and cost analysis, submitted under

 


subsection (3), and shall do so within 60 calendar days of the

 

submission of the plan and cost analysis. If the MIDC disapproves

 

the plan, the cost analysis, or both the plan and the cost

 

analysis, the indigent criminal defense system shall consult with

 

the MIDC and submit a new plan, a new cost analysis, or both within

 

30 calendar days of the mailing date of the official notification

 

of the MIDC's disapproval. If after 3 submissions a compromise is

 

not reached, the dispute shall be resolved as provided in section

 

15.

 

     (5) The MIDC shall submit a report to the governor, the senate

 

majority leader, the speaker of the house of representatives, and

 

the appropriations committees of the senate and house of

 

representatives requesting the appropriation of funds necessary to

 

implement the plan for each system approved by the MIDC. The

 

information used to create this report shall be made available to

 

the governor, the senate majority leader, the speaker of the house

 

of representatives, and the appropriations committees of the senate

 

and house of representatives.

 

     (6) Except as provided in subsection (8), an indigent criminal

 

defense system shall maintain not less than its local share. If the

 

MIDC determines that funding in excess of the indigent criminal

 

defense system's share is necessary in order to bring its system

 

into compliance with the minimum standards established by the MIDC,

 

that excess funding shall be paid by this state. The legislature

 

shall appropriate to the MIDC the additional funds necessary for a

 

system to meet and maintain those minimum standards, which funds

 

shall be provided to indigent criminal defense systems through

 


grants as described in subsection (7).

 

     (7) An indigent criminal defense system shall not be required

 

to provide funds in excess of its local share. The MIDC shall

 

provide grants to indigent criminal defense systems to assist in

 

bringing the systems into compliance with minimum standards

 

established by the MIDC.

 

     (8) An indigent criminal defense system is not required to

 

expend its local share if the minimum standards established by the

 

MIDC may be met for less than that share, but the local share of a

 

system that expends less than its local share under these

 

circumstances is not reduced by the lower expenditure.

 

     (9) This state shall appropriate funds to the MIDC for grants

 

to the local units of government for the reasonable costs

 

associated with data required to be collected under this act that

 

is over and above the local unit of government's data costs for

 

other purposes.

 

     (10) Within 180 days after receiving funds from the MIDC under

 

subsection (7), an indigent criminal defense system shall comply

 

with the terms of the grant in bringing its system into compliance

 

with the minimum standards established by the MIDC for effective

 

assistance of counsel.

 

     (11) If an indigent criminal defense system is awarded no

 

funds for implementation of its plan under this act, the MIDC shall

 

nevertheless issue to the system a zero grant reflecting that it

 

will receive no grant funds.

 

     (12) The MIDC may apply for and obtain grants from any source

 

to carry out the purposes of this act. All funds received by MIDC,

 


from any source, are state funds and shall be appropriated as

 

provided by law.

 

     Sec. 15. (1) If a dispute arises between the MIDC and an

 

indigent criminal defense system concerning the requirements of

 

this act, including a dispute concerning the approval of an

 

indigent criminal defense system's plan, cost analysis, or

 

compliance with section 13 or 17, the parties shall attempt to

 

resolve the dispute by mediation. The state court administrator, as

 

authorized by the supreme court, shall appoint a mediator agreed to

 

by the parties within 30 calendar days of the mailing date of the

 

official notification of the third disapproval by the MIDC under

 

section 13(4) to mediate the dispute and shall facilitate the

 

mediation process. The MIDC shall immediately send the state court

 

administrative office a copy of the official notice of that third

 

disapproval. If the parties do not agree on the selection of the

 

mediator, the state court administrator, as authorized by the

 

supreme court, shall appoint a mediator of his or her choosing.

 

Mediation shall commence within 30 calendar days after the mediator

 

is appointed and terminate within 60 calendar days of its

 

commencement. Mediation costs associated with mediation of the

 

dispute shall be paid equally by the parties.

 

     (2) If the parties do not come to a resolution of the dispute

 

during mediation under subsection (1), all of the following apply:

 

     (a) The mediator may submit his or her recommendation of how

 

the dispute should be resolved to the MIDC within 30 calendar days

 

of the conclusion of mediation for the MIDC's consideration.

 

     (b) The MIDC shall consider the recommendation of the

 


mediator, if any, and shall approve a final plan or the cost

 

analysis, or both, in the manner the MIDC considers appropriate

 

within 30 calendar days, and the indigent criminal defense system

 

shall implement the plan as approved by the MIDC.

 

     (c) The indigent criminal defense system that is aggrieved by

 

the final plan, cost analysis, or both, may bring an action seeking

 

equitable relief as described in subsection (3).

 

     (3) The MIDC, or an indigent criminal defense system may bring

 

an action seeking equitable relief in the circuit court only as

 

follows:

 

     (a) Within 60 days after the MIDC's issuance of an approved

 

plan and cost analysis under subsection (2)(b).

 

     (b) Within 60 days after the system receives grant funds under

 

section 13(7), if the plan, cost analysis, or both, required a

 

grant award for implementation of the plan.

 

     (c) Within 30 days of the MIDC's determination that the

 

indigent criminal defense system has breached its duty to comply

 

with an approved plan.

 

     (d) The action shall be brought in the judicial circuit where

 

the indigent criminal defense service is located. The state court

 

administrator, as authorized by the supreme court, shall assign an

 

active or retired judge from a judicial circuit other than the

 

judicial circuit where the action was filed to hear the case. Costs

 

associated with the assignment of the judge shall be paid equally

 

by the parties.

 

     (e) The action shall not challenge the validity, legality, or

 

appropriateness of the minimum standards approved by the supreme

 


court.

 

     (4) If the dispute involves the indigent criminal defense

 

system's plan, cost analysis, or both, the court may approve,

 

reject, or modify the submitted plan, cost analysis, or the terms

 

of a grant awarded under section 13(7) other than the amount of the

 

grant, determine whether section 13 has been complied with, and

 

issue any orders necessary to obtain compliance with this act.

 

However, the system shall not be required to expend more than its

 

local share in complying with this act.

 

     (5) If a party refuses or fails to comply with a previous

 

order of the court, the court may enforce the previous order

 

through the court's enforcement remedies, including, but not

 

limited to, its contempt powers, and may order that the state

 

undertake the provision of indigent criminal defense services in

 

lieu of the indigent criminal defense system.

 

     (6) If the court determines that an indigent criminal defense

 

system has breached its duty under section 17(1), the court may

 

order the MIDC to provide indigent criminal defense on behalf of

 

that system.

 

     (7) If the court orders the MIDC to provide indigent criminal

 

defense services on behalf of an indigent criminal defense system,

 

the court shall order the system to pay the following amount of the

 

state's costs that the MIDC determines are necessary in order to

 

bring the indigent criminal defense system into compliance with the

 

minimum standards established by the MIDC:

 

     (a) In the first year, 10% of the state's costs.

 

     (b) In the second year, 20% of the state's costs.

 


     (c) In the third year, 30% of the state's costs.

 

     (d) In the fourth year, 40% of the state's costs.

 

     (e) In the fifth year, and any subsequent year, not more than

 

the dollar amount that was calculated under subdivision (d).

 

     (8) An indigent criminal defense system may resume providing

 

indigent criminal defense services at any time as provided under

 

section 13. When a system resumes providing indigent criminal

 

defense services, it is no longer required to pay an assessment

 

under subsection (7) but shall be required to pay no less than its

 

share.

 

     Sec. 17. (1) Except as provided in subsection (2), every local

 

unit of government and every trial court that is part of an

 

indigent criminal defense system shall comply with an approved plan

 

under this act.

 

     (2) A system's duty of compliance with the terms of the plan

 

as prescribed under subsection (1) is contingent upon receipt of a

 

grant in the amount contained in the plan and cost analysis

 

approved by the MIDC.

 

     (3) The MIDC may proceed under section 15 if an indigent

 

criminal defense system breaches its duty of compliance under

 

subsection (1).

 

     Sec. 19. The MIDC shall publish and make available to the

 

public on a website its annual report, its budget, and a listing of

 

all expenditures. Publication and availability of the listing of

 

expenditures shall be on a quarterly basis, except for the annual

 

report and salary information, which may be published and made

 

available on an annual basis. As used in this section,

 


"expenditures" means all payments or disbursements of MIDC funds,

 

received from any source, made by the MIDC.

 

     Sec. 21. Both of the following apply to the MIDC:

 

     (a) The freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246, except as provided in section 7(10).

 

     (b) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     Sec. 23. (1) Nothing in this act shall be construed to

 

overrule, expand, or extend, either directly or by analogy, any

 

decisions reached by the United States supreme court or the supreme

 

court of this state regarding the effective assistance of counsel.

 

     (2) Nothing in this act shall be construed to override section

 

29 or 30 of article IX of the state constitution of 1963.

 

     (3) Except as otherwise provided in this act, the failure of

 

an indigent criminal defense system to comply with statutory duties

 

imposed under this act does not create a cause of action against

 

the government or a system.

 

     (4) Statutory duties imposed that create a higher standard

 

than that imposed by the United States constitution or the state

 

constitution of 1963 do not create a cause of action against a

 

local unit of government, an indigent criminal defense system, or

 

this state.

 

     (5) Violations of MIDC rules that do not constitute

 

ineffective assistance of counsel under the United States

 

constitution or the state constitution of 1963 do not constitute

 

grounds for a conviction to be reversed or a judgment to be

 

modified for ineffective assistance of counsel.