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. ...
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