To: Dale K. Weighill, Governmental Operations Committee Chairperson
From: Nathaniel C. Perry, III, Chief Public Defender
title
RE: Approval of an amendment to the Professional Services Contract with Kevin L. Rush, in an amount not to exceed $56,000.00, for the coordination and delivery of weekend arraignment services for the term of October 1, 2025 – September 30, 2026; the cost of this agreement will be paid from account 2921-283.00-818.008
recommendation
BOARD ACTION REQUESTED:
Approve an amendment of the Professional Services Contract with Kevin L. Rush for the coordination and delivery of weekend arraignment services for the term of October 1, 2025 – September 30, 2026; the cost of this agreement will be paid from account 2921-283.00-818.008.
BACKGROUND:
The original contract between Kevin L. Rush and Genesee County was approved by the Board on September 27, 2023, by RES-2023-601. The original term of the contract was October 1, 2023 – September 30, 2024, subject to three (3) one-year extensions. The first one year extension was approved on September 18, 2024, by RES-2024-999, and expires on September 30, 2025.
DISCUSSION:
This contract for the coordination and delivery of legal services is necessary to comply with the Michigan Indigent Defense Commission’s (“MIDC”) Minimum Standards for Indigent Criminal Defense Services, including the provision of counsel at arraignment and all other critical stages in the district courts and newer requirements for attorney compensation and qualifications.
This proposed amendment extends the contract for one additional year. All other terms and conditions remain the same, including the total initial amount not to exceed $56,000, with a provision allowing for an amendment to increase the maximum compensation amount, if necessary, as required by the MIDC.
IMPACT ON HUMAN RESOURCES:
None.
IMPACT ON BUDGET:
This contract is fully funded by the MIDC Grant under attorney fees, 2921-283.00-818.008, with no additional county allocation required.
IMPACT ON FACILITIES:
Weekend arraignments are generally conducted via video conferencing, however, if needed, the Office of the Public Defender has the necessary space.
IMPACT ON TECHNOLOGY:
None, video conferencing processes are already set up.
CONFORMITY TO COUNTY PRIORITIES:
The Managed Assigned Counsel Coordinator and roster of attorneys will provide constitutionally guaranteed legal counsel to indigent individuals charged with crimes, ensuring they understand the charges against them and identifying any underlying social issues, such as substance abuse or mental health concerns. Counsel will use this information to advocate for appropriate bond conditions to the arraigning judge, communicating available resources and services to clients and promoting safe communities.
The decision to utilize a contract coordinator for weekend arraignment counsel was determined to be the most efficient and cost-effective method for the delivery of services based on caseload statistics and research on recommended attorney workload maximums, embracing a lean management philosophy and data-based decision making and planning. Moreover, the contract for weekend arraignment counsel follows purchasing guidelines and complies with MIDC requirements for grant funding, ensuring policies are followed by our department.
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 for all in our daily operations. This contract ensures equity and fairness for all of those arraigned on holidays and weekends.
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 amending the Professional Services Contract between Genesee County and Kevin L. Rush, for a Managed Assigned Counsel Coordinator for weekend arraignment legal services, said amendment being necessary to extend the contract for one year commencing October 1, 2025, through September 30, 2026, in an amount not to exceed $56,000.00 to be paid from account 2921-283.00-818.008, is approved (a copy of the memorandum request and supporting documentation being on file with the official records of the September 17, 2025 meeting of the Governmental Operations Committee of this Board), and the Chairperson of this Board is authorized to execute the contract amendment on behalf of Genesee County.