MICHIGAN INDIGENT DEFENSE COMMISSION MEMBERSHIP REVISION

Senate Bill 1187 as passed by the Senate

Sponsor:  Sen. Marty Knollenberg

House Committee:  Judiciary

Senate Committee:  Judiciary

Complete to 12-4-18

SUMMARY:

The bill would revise the membership of the Michigan Indigent Defense Commission (MIDC) pertaining to representation by funding units of a circuit court and district court.

Public Act 93 of 2013 established a 15-member commission to develop and oversee the implementation of minimum standards for the effective representation of indigent adults by local indigent criminal defense systems. Earlier this year, Public Act 214 (House          Bill 5985) was enacted to, among other things, expand and revise the membership of the MIDC to include additional local representation and representation of the State Budget Office (SBO). The membership changes enacted by PA 214, which increased membership by three members to a total of 18 voting members, will take effect December 23, 2018.

Senate Bill 1187 would amend the Michigan Indigent Defense Commission Act to further revise Commission membership pertaining to local representation. The bill would retain total membership for the Commission at 18 voting members and one nonvoting member (the Supreme Court Chief Justice or his or her designee). However, the seat added by PA 214, a member representing the funding unit of a district court of the third class appointed from a list of three names submitted by the Michigan Municipal League (MML), would be eliminated.

Instead, another member added by PA 214, a member representing the funding unit of a district court appointed from a list of three names submitted by Michigan Townships Association (MTA), could also be selected by the governor from a list of three names submitted by the MML. The bill would require the MTA and MML to alternate in submitting a list of names. The MTA would submit the list for the first appointment after the bill’s effective date, and the MML would submit the list for the second appointment.

Further, the bill would increase from one to two the number of members representing the funding unit of a circuit court, to be appointed from a list of six names (rather than three) submitted by the Michigan Association of Counties.

The bill would take effect 90 days after being enacted.

MCL 780.987

FISCAL IMPACT:

Senate Bill 1187 would not have a fiscal impact on any unit of state or local government. The bill would not alter the total number of Michigan Indigent Defense Commission members; thus, there would be no fiscal impact, as the commission would still total              18 members. Commission members are eligible for reimbursement for reasonable actual and necessary expenses.

                                                                                        Legislative Analyst:   Susan Stutzky

                                                                                                Fiscal Analyst:   Marcus Coffin

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.