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 two new Senior Assistant Public Defender Positions that will replace two vacant Trial Specialist positions; positions are fully grant funded
recommendation
BOARD ACTION REQUESTED:
Approve request to create, post, and fill two new Senior Assistant Public Defender positions that will replace two vacant Trial Specialist 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, and go into effective on October 1, 2024. 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 MIDC’s Standard 6 mandating caseload maximums and Standard 7 requiring specific attorney qualifications, both in years and trial experience, to handle certain case levels will go into effect on October 1, 2024. Our office needs experienced attorneys and we need enough attorneys to bear the caseload. We recently lost several staff due to the pay disparity between the prosecutor’s office and the public defender. Our office needs staff attorneys to represent individuals charged with high-severity felonies and life offenses, and we need 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. The MIDC provides and will continue to provide the funding necessary for these positions. Pay scale and job description were developed to closely match the prosecuting attorney position in addition to MIDC requirements.
IMPACT ON HUMAN RESOURCES:
The new positions will need to be created and posted.
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 No budget amendment necessary, ample funding available due to vacated positions.
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 two Senior Assistant Public Defender positions, said new positions 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 July 17, 2024 meeting of the Finance Committee of this Board).
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 numbers 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.