A second draft of Gratiot and Clinton County’s proposal for public defense reform has been accepted by the Michigan Indigent Defense Commission, leaving future changes in the hands of legislators who will decide what measures to fund across the state.
Michigan counties were required to submit plans and cost estimates to bring parity between prosecution and public defense last year; most of the proposals were sent back to committees tasked with making clarifications and changes to meet the MIDC’s requests.
Related: Mid-Michigan counties create plans for parity
Although the plans are required, implementing measures beyond already-budgeted expenses will not be mandatory unless the state funds the difference.
Because Gratiot and Clinton Counties share the 29th Circuit Court, the two joined forces in a proposal to create a public defense administrator who would oversee indigent defense in both counties.
Although the circuit’s overall administrator concept was acceptable by MIDC standards, the council asked Gratiot and Clinton Counties to reexamine projected costs for things like staffing requirements, mileage reimbursement and defense attorney professional associations.
“We made some minor tweaks,” said Circuit Court Judge Michelle Rick, who led the counties’ committee to create the plan. “We are very excited to say we’ve now received approval for the plan.”
Gratiot County’s share of indigent defense costs already averages around $154,000 and the proposal carries a projected cost for Gratiot only of nearly $577,000.
The difference is in essence a $423,000 grant request to the state, about $100,000 less than the original proposal.
“Now we are awaiting the legislature to decide if they will fund our plan,” Rick said.
While Gratiot and Clinton would share the administrator and the costs associated with the position, each county would have its own list of lawyers, separate facilities that need updates to meet standards, material costs and more.
Clinton County’s grant request to fund the difference between current average spending and the proposal equals about $660,200; in total, the circuit’s request is over $1 million.
“Every dollar counts. The legislature is really going to be tasked with a big number on an annual basis statewide,” Rick said. “We were happy to work on refining numbers. I’m pleased we were able to pass the concerns and pass the test the second time around.”
In total, Michigan counties originally submitted around $87 million in indigent defense grant requests last year, of which more than $80 million was rejected the first time around.
Related: State says yes to plans, no to funding so far
Like Gratiot, Clare and Isabella County plans were also accepted based on content but ultimately denied because the MIDC required more information.
Isabella County submitted changes in February and expects the MIDC to consider the draft later this month, said County Administrator/Controller Margaret McAvoy.
Related: Isabella County creates indigent defense position