To: Martin L. Cousineau, Finance Committee Chairperson
From: Nathaniel C. Perry, III, Chief Public Defender
title
RE: Approval of a request to create, post, and fill one Lead Paralegal position; this position is fully grant funded
recommendation
BOARD ACTION REQUESTED:
Approve request to create, post, and fill one Lead Paralegal position; this position is fully grant funded
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. The Office of the Public Defender will continue to expand through next fiscal year, taking more of the indigent criminal defense caseload in-house. Our staff attorneys represent individuals charged with high-severity felonies. Attracting and retaining skilled and dedicated support staff is crucial to high-quality and effective representation.
IMPACT ON HUMAN RESOURCES:
The new position will need to be created and posted. Pay scale and job description were developed in consultation with Human Resources.
IMPACT ON BUDGET:
The position is fully grant funded through MIDC, 2921-283.00. No County appropriation is required.
IMPACT ON FACILITIES:
None.
IMPACT ON TECHNOLOGY:
None.
CONFORMITY TO COUNTY PRIORITIES:
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. This new position helps ensure equity and fairness for all of those charged with crimes that are represented by our Office.
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 a Lead Paralegal position, said new position to be fully funded by the MIDC Grant 2921-283.00 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 position and to commence the hiring process so that the position may be filled as soon as practicable in accordance with County policy and any applicable collective bargaining agreement.