To: Martin L. Cousineau, Finance Committee Chairperson
From: Nathaniel C. Perry, III, Chief Public Defender
title
RE: Approval of request to create, post, and fill three new Lead Assistant Public Defender positions that will replace one vacant and two filled Assistant Public Defender III positions; all positions fully grant funded
recommendation
BOARD ACTION REQUESTED:
Approve request to create, post, and fill three new Lead Assistant Public Defender positions that will replace one vacant and two filled Assistant Public Defender III positions
BACKGROUND:
In 2008, the National Legal Aid and Defender Association published a report finding that the State of Michigan failed to provide constitutionally adequate defense counsel to those who cannot afford an attorney. In 2013, the state legislature created the Michigan Indigent Defense Commission (MIDC) to establish and enforce minimum standards for the delivery of indigent defense, as well as to “ensure the state’s public defense system is fair, cost-effective, and constitutional while simultaneously protecting public safety and accountability.” Under this mandate, the MIDC outlined nine standards for indigent defense. The last two standards were officially approved by LARA on October 24, 2023. By statute, the MIDC provides funding to local systems to comply with the standards.
DISCUSSION:
The Office of the Public Defender is responsible for providing qualified, effective assistance of counsel guaranteed by the Constitutions of the United States and the State of Michigan. On October 24, 2023, the MIDC passed Standard 7 requiring specific attorney qualifications, both in years and trial experience, for different case levels. Our staff attorneys represent individuals charged with high-severity felonies and life offenses. Our office needs to be able to attract and retain attorneys with the ability, training, and experience to match the nature and complexity of the types of cases we have in Genesee County. In addition, Standard 6 mandates caseload maximums. We need experienced attorneys and we need enough attorneys to bear the caseload.
IMPACT ON HUMAN RESOURCES:
The new positions will need to be created and posted. Pay scale and job description were developed in consultation with Human Resources.
IMPACT ON BUDGET:
The positions are fully grant funded through MIDC as guaranteed by statute. No County appropriation is required. Source of Funding: MIDC: 2921-283.00
IMPACT ON FACILITIES:
None, our office has space available for these positions.
IMPACT ON TECHNOLOGY:
New staff will require the usual equipment.
CONFORMITY TO COUNTY PRIORITIES:
These new positions comply with MIDC requirements for grant funding, ensuring long term financial stability backed by data-based decision making and planning. Moreover, the Office of the Public Defender is responsible for providing constitutionally guaranteed, quality legal representation to all adults charged with crimes in Genesee County who cannot afford an attorney, embracing diversity, equity and inclusion in our daily operations. These new positions help ensure equity and fairness for all of those charged with crimes that are represented by our Office. In addition, these positions will help attract and retain young skilled attorneys in Genesee County, promoting community growth.
resolution
TO THE HONORABLE CHAIRPERSON AND MEMBERS OF THE GENESEE COUNTY BOARD OF COMMISSIONERS, GENESEE COUNTY, MICHIGAN
LADIES AND GENTLEMEN:
BE IT RESOLVED, by this Board of County Commissioners of Genesee County, Michigan, that the request by the Chief Public Defender to authorize establishing, posting, and filling three Lead Assistant Public Defender positions, said new positions to be fully funded by the MIDC Grant through account 2921-283.00-702.000 and related fringe accounts with no County appropriation required, is approved (a copy of the memorandum request and supporting documentation being on file with the official records of the November 29, 2023 meeting of the Finance Committee of this Board) and the Chief Financial Officer is directed to record the attached budget amendment.
BE IT FURTHER RESOLVED, that this Board finds that extenuating circumstances exist supporting waiver of the hiring freeze, and directs the Director of Human Resources to have the necessary personnel position number created, as necessary, for said positions and to commence the hiring process so that the positions may be filled as soon as practicable in accordance with County policy and any applicable collective bargaining agreement.