HomeMy WebLinkAboutResolutions - 2019.04.02 - 31249MISCELLANEOUS RESOLUTION #1907.1 April 2, 2019
BY: Commissioner Helaine Zack, Chairperson, Finance Committee
IN RE: CORPORATION COUNSEL — FY 2019 MICHIGAN INDIGENT DEFENSE COMMISSION
GRANT PROGRAM ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Indigent Defense Commission (MIDC) has awarded Oakland County grant
funding in the amount of $4,912,256 for the period of October 1, 2018 through September 30, 2019; and
WHEREAS the total program budget is $7,221,274, which includes the required local share contribution
by Oakland County in the amount of $1,828,758 and estimated reimbursement revenue for jail
arraignments from other funding units of $480,260; and
WHEREAS the award provides funding to Oakland County for the purpose of bringing indigent defense
systems into compliance with the first four minimum indigent defense standards, MCL 780.993(6); and
WHEREAS the Michigan Indigent Defense Commission Act (MIDC Act), MCL 780.981, et al., requires
local funding units to take over the delivery of indigent defense systems, MCL 780.983(g) and MCL
780.993(10) as specified in standards 1 — 4; and
WHEREAS Oakland County is the local funding unit for the 6th Circuit Court and the four election division
districts of the 52nd District Court; and
WHEREAS the MIDC Act requires Oakland County to create a compliance plan and cost analysis
required to deliver indigent defense services in compliance with the four approved MIDC standards, MCL
780.993(3); and
WHEREAS the MIDC Act requires the MIDC to appropriate funds and provide grant monies to local
funding units for the costs in excess of the local share to bring indigent defense systems in compliance
with the minimum standards established by the MIDC, MCL 780.993(6); and
WHEREAS it is requested to establish a new appointed classification of Chief Attorney MIDC, excluded
from the merit system, and a new merit system classification of MIDC Administrative Supervisor; and
WHEREAS the creation of one (1) full-time eligible (FTE) Special Revenue (SR) Chief Attorney MIDC and
one (1) FTE SR MIDC Administrative Supervisor will be used to provide overall management for the
County indigent defense system and the employees assigned to the Indigent Defense Division; and
WHEREAS the grant award allows for the creation of one (1) FTE SR Account Clerk II position to be
placed in the Circuit Court Department, Civil Criminal Division (#3010301), due to the workload
associated with processing court-appointed attorney vouchers; and
WHEREAS the grant award allows for the creation of four (4) FTE SR District Court Clerk II positions to
be placed in each one of the four 52nd District Courts to handle the increased paperwork, scheduling, pre -
trials, and other matters associated with the indigent defense system; and
WHEREAS the grant award allows for the creation of two (2) FTE SR Community Corrections Specialist II
positions to be placed in the Public Services Department, Community Corrections Pretrial Services
Division (#1070402), to allow the Division to expand to weekend coverage and to start staff weekdays at
7:00 a.m. or earlier to accommodate the new indigent defense arraignment system schedule; and
WHEREAS the grant award allows for the creation of two (2) FTE SR Correction Deputy I positions, one
to be placed in the Sheriff's Office, Corrective Services Detention Facilities Division (#4030310), for the
Oakland County Jail and one to be placed in the Sheriff's Office, Courthouse Security Division
(#4030435), for the 52-2 Clarkston District Court to assist with prisoner movement and to guard prisoners;
and
WHEREAS the grant award allows for the creation of one (1) FTE SR Account Clerk II to be placed in the
Management and Budget Department, Fiscal Services Administration Division (#1020601), to perform
duties associated with developing and maintaining a system to gather and track all arraignment activity
for billing the non -52nd District Courts, processing payments for additional defense attorney payments and
MIDC grant reporting requirements; and
WHEREAS the grant agreement has completed the grant review process in accordance with the Board of
Commissioners Grant Procedures.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with McGillivray absent.
that
County Board of
oners
ts the FY
NOW THEREFORE BE IT RnsOComDmission G antlProgram f om the Michigan Detpartment ofpL.ice s ng
2019 Michigan Indigent Defe
and Regulatory Affairs in the amount of $4,912,256 for the period of October 1, 2018 through September
30, 2019.
BE IT FURTHER RESOLVED to establish a new appointed, excluded from the merit system FTE,
overtime Exempt, Chief Attorney MIDC classification with the following
salary rangSe:
Base 1 Year 2 Year 3 Year
Year
68 ER RESOLVED $126,618 $128,845
a new FTE, l,06$133,297
FTE, overtimeNon
BE IT -Exempt, MDC Administrative
BE IT FURTHER
Supervisor classification at salary grade nine (9) in the salary administration plan.
BE IT FURTHER RESOLVED to create the following FTE SR positions:
Location #3010101
Classification urt Admin Division ( )
Circuit Co#3010101
One (1) Chief Attorney MIDC
Circuit Court Admin Division
One (1) MIDC Administrative Supervisor Circuit Court Civil Criminal Division (#3010301)
One (1) Account Clerk 11 District Court I Administration Division
One (1) District Court Clerk 11 (#3020201)
One (1) District Court Clerk 11 District Court II Administration Division
(#3020301)
One (1) District Court Clerk 11 District Court ill Administration Division
(#3020401)
One (1) District Court Clerk 11 District Court IV Administration Division
(#3020501)
Two (2) Community Correction Specialist 11 Public Services Community Corrections Pretrial
Division (#1070402)
One (1) Correction Deputy I Sheriff Office Corrective Services Detention
Facilities Division (#4030310)
One (1) Correction Deputy 1 Sheriff's Office Courthouse Security Division
(#4030435)
One (1) Account Clerk it Management and Budget Fiscal Services
Administration Division (#1020601)
BE IT FURTHER RESOLVED that the Chairperson of the Board Com iss os ons or amendments,
is authorized to
execute the grant contract and that the Chairperson may app any grant
within fifteen percent (15%) of the original award, which are consistent with the original agreement as
approved. eptance
BE IT FURTHER RESOLVED
of this program [s continf this gent upon corant does atinubed future levels f grant fundirig�e
commitment and con
BE IT FURTHER RESOLVED the FY 2019 budget is amended, per the attached Schedule A, to reflect
the total program budget of $7,221,274.
Chairperson, on behalf of the Finance Committee, 1 move the adoption of the foregoing resolution.
Commissio�relaine Zack, District 18
Chairperson, Finance Committee
GRANT REVIEW SIGN OFF — Multi -Department: Circuit Court, 52nd District
Courts, Community Corrections, Sheriff s Office, and Fiscal Services
GRANT NAME: Compliance Plan for Indigent Defense Standards (1-4)
FUNDING AGENCY: Michigan Indigent Defense Commission (MIDC)
DEPARTMENT CONTACT PERSON: Malcolm Brown / 858-0485
STATUS: Grant Acceptance
DATE: 3113119
Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison
Committee Resolution, the grant agreement/contract, and this Sign off email containing grant review comments) may be
requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board
resolution,
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (3113119)
Department of Human Resources:
UR Approved — Creates New Positions — Lori Taylor (3113119)
Risk Management and Safety:
Approved by Risk Management. — Robert Erlenbeck (3/13/19)
Corporation Counsel:
APPROVED by Corporation Counsel — Mary Serge (3/13/19)
Indigent Defense System Budget - Summary at
Budget Category Aggregate Level
See subsequent tabs for details
Grant Year October 1, 2018 - September 30, 2019
Funding Unit Name (s) Oakland County
March 1, 2019
Total
BUDGET CATEGORIES
$1363772
Salaries & Fringe Benefits
Contracts
4,164,223
Contracts for Attorneys
100,000
Contracts for Experts and Investigators
712,686
Contracts for Construction Projects
96,099
Contracts Other
400,558
Equipment
175,000
Training/Travel
208,938
Supplies/Services
Total Budget
7,221,274
Less Program Revenue for OCJ Arraignment
Fees to other funding units in Oakland County (480,260)
(non -52nd DCs)
Less Oakland County Local Share ,,758)
$4912,256
State Grant $4,91
MIDC budget 03 012019 - updated to match the MiDC rounding adjust.xlsx
Grant Summary
GRANT NO. 2019-125
GRANT BETWEEN
THE STATE OF MICHIGAN
MICHIGAN INDIGENT DEFENSE COMMISSION (MIDQ
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS (LARA)
AND
COUNTY OF OAKLAND
GRANTEE/ADDRESS:
Malcolm Brown
County of Oakland
2100 Pontiac Lake Road
Waterford, MI 48328
(248) 858-0485
GRANTOR/ADDRESS:
Michigan Indigent Defense Commission
Department of Licensing and Regulatory Affairs
200 N. Washington Square 3d Floor
Lansing, MI 48933
517-657-3066
866-291-0874
GRANT PERIOD:
From October -L-2-018 2018 to Seutember 30.2019
TOTAL AUTHORIZED BUDGET: $7,221,274
State Grant Contribution: $ 4,912,256
Local Share Contribution: $ 1,828,758
Program Revenue: $ 480,260
ACCOUNTING DETAIL: Accounting Template No.: 6411113TO32
SIGMA Vendor Code: 0048080
1
GRANT
This is Grant #2019-125 between the Mic ub suan bject to tgent ermsDefense and co dttio sl ofthis grant )
(Grantor), and the County of Oakland (Grantee), J
agreement (Agreement).
1.0 Statement of Purpose
The purpose of this Grant is to provide ceding ed by assist the or the p ovisiantee to l of indigent
with the
Compliance Plan and Cost Analysis app Y the MIDC
criminal defense services through the Standards peed by LARA on May 22, t,
and the process described in the Michigan Indigent Act amended effective
12/23/18 by Public Act 214 of 2018•
1.1 Definitions
A. Budget means a detailed statement consistent with the Grantee's approved Cost Analysis
outlining estimated costs to implement the Compliance flan.
B. Budget Category means the aggregate of all funds in each of the categories in Attachment
B which is the funding unit's grant budget.
C. Compliance Plan is the plan submitted by the local funding unit and approved by the
MIDC that specifically addresses how the Grantee shall meet the first four minimum
standards established by the MIDC.
D. Cost Analysis is a statement of the funding necessary to bring Grantee's indigent defense
system into compliance with the approved minimum standards established by the MIDC,
including a statement of the n tin he excesf the Compliance Plan.
Grantee's local share as defined under
the MIDC Act and as outlined
E. MIDC Act means the Michigan Indigent Defense Commission Act, Public Act 93 of
2013, MCL 780.991 et seq as amended, enacted for the purpose of creating the Michigan
Indigent Defense Commission and creating minimum standards for the local delivery of
indigent criminal defense services that meet the constitutional requirements for the
effective assistance of counsel.
F. MIDC means the Michigan Indigent Defense Commission created pursuant to the MIDC
Act.
G. Subgrantee means a governmental agency or other legal entity to which an MIDC
subgrant is awarded by the Grantee. Attorneys representing indigent defendants,
including both public defenders and attorneys contracted to represent indigent
defendants, public defender office employees, judges, magistrates, court personnel, and
professional service contract vendors shall not be considered subgrantees.
2
The Grantee agrees to undertake, perform, and complete the following project:
The Grantee agrees to undertake, perform and complete the services described in their
approved Compliance Plan and in accordance with the Michigan Indigent Defense Act,
created by Public Act 93 of 2013, MCL 780.991et seq, as amended (the Act), specifically
Standards I through 4. The Parties to this Agreement enter into this Agreement to
facilitate process described in the Act, which controls or supersedes any term in this
Agreement. Consistent with the Act, an indigent criminal defense system shall comply
with the terms of the grant in bringing its system into compliance with the minimum
standards established by the MIDC within 180 days after receiving funds from the MIDC.
Grantee may exceed 180 days for compliance with a specific item needed to meet
minimum standards as set forth in the Act. Grantee's Compliance Plan, as submitted and
approved by the MIDC (Attachment A), addresses the prescribed methods the grantee has
chosen to provide indigent criminal defense services pursuant to MCL 780.993(3). Any
substantial changes to the work described in the Compliance Plan must be submitted to
the MIDC for approval prior to any changes being implemented. All provisions and
requirements of this Agreement shall apply to any agreements the Grantee may enter into
in furtherance of its obligations under this Agreement and Grantee shall be responsible
for the performance of any subgrantee work, as defined in subsection 1. 1.
1.3 Detailed Budget
A. This Agreement does not commit the State of Michigan (State) or the Department
of Licensing and Regulatory Affairs (LARA) to approve requests for additional
State Grant funds at any time.
B. If applicable, travel expenses will not be reimbursed at rates greater than the State
Travel Rates, Attachment C, without the prior written consent of the MIDC.
C. Attachment B is the Budget. The Grantee agrees that all funds shown in the
Budget are to be spent as detailed in the Budget, except as set forth in section
1.3(E).
D. Grantee will establish and maintain a new restricted fund within their Local Chart
of Accounts for the expressed purpose of accounting for the expenses and revenue
sources for operation of this grant and the local adult indigent defense system.
E. Budget adjustments less than or equal to 5% of the Budget Category total,
including adjustments between Budget Categories, do not require approval by
Commission staff, but must be reported quarterly in the next financial status
report. A Budget adjustment involving greater than 5% of the aggregate of all
funding within a Budget Category requires prior written approval by Commission
staff, Any substantial change to a local system's compliance plan requires prior
staff and Commission approval. A "substantial change" is a change to the
compliance plan or cost analysis that alters the method of meeting the objectives
of the standard(s) in the approved plan. Commission staff shall respond to the
budget adjustment request within 30 days of receipt.
1.4 Payment Schedule
The maximum amount of grant assistance approved is $4,912,256. An initial advance of
50% of the State Grant shall be made to the Grantee upon receipt by the Grantor of a signed
Agreement. The Grantor shall make subsequent disbursements of 25% up to the total state grant
amount in accordance with the following schedule:
Initial Advance of 50% of total grant — Within 15 days of receipt of executed agreement
25% disbursement -- May 15, 2019
25% disbursement — August 15, 2019 (final payment).
The above schedule of disbursement of funds is contingent upon receipt of quarterly
reporting as as addressed in this section and section 1.5 of this document. The financial status
report must. indicate grant funds received to date, expenditures to date and be supported by
documentation of those expenditures; such as computer printouts of accounts, general ledger
sheets, balance sheets, etc. Backup documentation such as computer printouts of accounts,
ledger sheets, invoices, etc. shall be maintained according to record retention policies for audit
purposes in order to comply with this Agreement. Grantee will be held to the full contribution of
the Local Share within the original one-year grant period.
The quarterly financial status report (FSR) as provided in Attachment D and standards
compliance report as addressed in Section 1.5, shall be provided in accordance with the
following schedule:
Initial FSR and compliance report — January 31, 2019
2nd FSR and compliance report — April 30, 2019
31d FSR and compliance report — July 31, 2019
Final FSR and compliance report — October 31, 2019
Grantee may submit its FSRs utilizing financial data as of the quarter ending dates of March 31,
June 30, September 30 and December 31.
1.5 Monitoring and Reporting Program Performance
A. Monitoring. The Grantee shall monitor performance to assure that time
schedules are being met and projected work by time period is being accomplished.
B. Quarterly Reports. The Grantee shall submit to the Grantor quarterly progress
reports on compliance with the standards and participate in follow up and evaluation
activities. In response to the narrative reporting questions, the progress report will contain
4
a description on progress toward compliance �� standards tldeviation from the approved
ing a description
of problems or delays, real or anticipatedY
Compliance Plan which should be brought to the attention of the Grantor. The grantee
will use its best efforts to complete the Compliance Reporting template provided by
MIDC. If Grantee is unable to provide the information requested on the template,
Grantee will demonstrate in writing the steps taken to assess what information is
currently available and how to retrieve it. Grantee also agrees to work with MIDC
Research staff to seek additional options or ideas for the collection and retrieval of this
information.
5
PART II - GENERAL PROVISIONS
2.1 Project Changes
Grantee must obtain prior written approval for substantial changes to the compliance plan
from the Grantor.
2.2 Delegation
Grantee must notify the MIDC at least 90 calendar days before the proposed delegation
with reasonable detail of subgrantee and the nature and scope of the activities delegated. If any
obligations under this grant are delegated, Grantee must: (a) be the sole point of contact
regarding all contractual project matters, including payment and charges for all Grant activities;
(b) make all payments to the subgrantee; and (c) incorporate the terms and conditions contained
in this Grant in any subgrant with a subgrantee. Grantee remains responsible for the completion
of the Grant activities and compliance with the terms of this Grant.
2.3 Program Income
To the extent that it can be determined that interest was earned on advances of funds,such
interest shall be recorded in the Grantee's restricted MIDC fund and included in the quarterly financial
status reports. The grant award shall not be increased by the amount of interest earned. Any grant
funds attributable to interest and not spent at the end of the grant period shall be returned to the
State or included in future grant awards from the MIDC consistent with MCL 780.993(15), as
amended 12123118.
2.4 Share -in -savings
The Grantor expects to share in any cost savings realized by the Grantee in proportion of the
grant funds to the local share.
2.5 Purchase of Equipment
The purchase of equipment must be made pursuant to the Grantee's established purchasing
policy and if not specifically listed in the Budget, Attachment B, must have prior written approval
of the Grantor. Equipment is defined as non -expendable personal property having a useful life of
more than one year. Such equipment shall be retained by the Grantee unless otherwise specified
at the time of approval.
2.6 Accounting
The Grantee shall adhere to the Generally Accepted Accounting Principles and shall
maintain records which will allow, at a minimum, for the comparison of actual outlays with
budgeted amounts. The Grantee's overall financial management system must ensure effective
control over and accountability for all fiords received. Accounting records must be supported by
31
source documentation including, but not limited to, balance sheets, general ledgers, time sheets
and invoices. The expenditure of state funds shall be reported by line item and compared to the
Budget.
2,7 Records Maintenance, Inspection, Examination, and Audit
The State or its designee may audit Grantee to verify compliance with this Grant.
Grantee must retain, and provide to the State or its designee upon request, all financial and
accounting records related to the Grant through the term of the Grant and for 7 years after the
latter of termination, expiration, or final payment under this Grant or any extension ("Audit
Period"). If an audit, litigation, or other action involving the records is initiated before the end of
the Audit Period, Grantee must retain the records until all issues are resolved.
Within 10 calendar days of providing notice, the State and its authorized representatives or
designees have the right to enter and inspect Grantee's premises or any other places where Grant
activities are being performed, and examine, copy, and audit all records related to this Grant.
Grantee must cooperate and provide reasonable assistance. If any financial errors have occured,
the amount in error must be reflected as a credit or debit on subsequent disbursements until the
amount is paid or refunded. Any remaining balance must be reported by the Grantee to the
Grantor by October 31 of each year as required under MCL 780.993, Sec. 13(15), as amended
12123118.
This Section applies to Grantee, any parent, affiliate, or subsidiary organization of Grantee, and
any subgrantee that performs Grant activities in connection with this Grant.
If the Grantee is a governmental or non-profit organization and expends the minimum level
specified in OMB Uniform Guidance ($750,000aneav submit December an 2013) or more in Audit Report to the federal
federal funds in its fiscal year, then Gr required
Audit Clearinghouse (FAC) as required in 200.36.
2,8 Competitive Bidding
The Grantee agrees that all procurement transactions involving the use of state funds
shall be conducted in a manner that provides maximum open and free competition, consistent
with Grantee's purchasing policies. Sole source rs contractsst should
mba competitive eto the bid process, but
that
such negotiation is possible. Attorney con p
must meet standard internal procurement policies, as applicable.
3.0 Liability
The State is not liable for any costs incurred by the Grantee before the start date or after
the end date of this Agreement. Liability of the State is limited to the terms and conditions of
this Agreement and the total grant amount.
7
The Grantee, and all subgrantees are responsible for insuring that all precautions are
exercised at all times for the protection of persons and property. Safety provisions of all
Applicable Laws and building and construction codes shall be observed. The Grantee, and every
subgrantee are responsible for compliance with all federal, state and local laws and regulations in
any manner affecting the work or performance of this Agreement and shall at all times carefully
observe and comply with all rules, ordinances, and regulations. The Grantee, and all subgrantees
shall secure all necessary certificates and permits
of this municipal
id al or other
f er public authorities as
may be required in connection with theperformance
3.2 General Indemnification
Inasmuch as each party to this grant is a governmental entity of the State of Michigan,
each party to this grant must seek its own legal representation and bear its own costs; including
judgments, in any litigation which may arise from the performance of this grant. It is specifically
understood and agreed that neither party will indemnify the other party in such litigation.
3.3 Failure to Comply and Termination
A. Failure to comply with duties and obligations under the grant program as set forth
in Public Act 93 of 2013, as amended, is subject to the procedures contained in
sections 15 and 17 of said Act.
B. Termination for Convenience
The State may immediately terminate this Grant in whole or in part without
penalty and for any reason, including but not limited to, appropriation or budget
shortfalls. If the State terminates this Grant for convenience, the State will pay all
reasonable costs, for State approved Grant responsibilities. If parties cannot agree
to the cost to be paid by the State, the parties shall attempt to resolve the dispute
by mediation pursuant to MCL 780.995. The Grantee's duty to comply with
MIDC standards is limited to funding covering the cost of compliance as set forth
in section 17 of Public Act 93 of 2013, as amended.
3.4 Conflicts and Ethics
Grantee will uphold high ethical standards and is prohibited from. (a) holding or
acquiring an interest that would conflict with this Grant; (b) doing anything that creates an
appearance of impropriety with respect to the award or performance of the Grant; (c) attempting
to influence or appearing to influence any State employee by the direct or indirect offer of
anything of value; or (d) paying or agreeing to pay any person, other than employees and
consultants working for Grantee, any consideration contingent upon the award of the Grant.
Grantee must immediately notify the State of any violation or potential violation of these
8
standards. This Section applies to Grantee, any parent, affiliate, or subsidiary organization of
Grantee, and any subgrantee that performs Grant activities in connection with this Grant.
3,5 Non -Discrimination
Under the Elliott -Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101 to 37.2804, and
the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., Grantee and
its subgrantees agree not to discriminate against an employee or applicant for employment with
respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or
indirectly related to employment, because of race, color, religion, national origin, age, sex, height,
weight, marital status, partisan considerations, or a disability or genetic information that is
unrelated to the person's ability to perform the duties of a particular job or position. Breach of
this covenant is a material breach of this Grant.
3.6 Unfair Labor Practices
Under MCL 423.324, the State may void any Grant with a Grantee or subgrantee who
appears on the Unfair Labor Practice register compiled under MCL 423.322.
3.7 Force Majeure
Neither party will be in breach of this Grant because of any failure arising from any
disaster or acts of god that are beyond their control and without their fault or negligence. Each
party will use commercially reasonable efforts to resume performance. Grantee will not be
relieved of a breach or delay caused by its subgrantees except where the Commission determines
that an unforeseeable condition prohibits timely compliance pursuant to MCL 780.993, Sec.
13(11), as amended effective 12123118.
4.0 Certification Regarding Debarment
The Grantee certifies, by signature to this Agreement, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this Agreement by any federal or State department or agency. if
the Grantee is unable to certify to any portion of this statement, the Grantee shall attach an
explanation to this Agreement.
4.1 Illegal Influence
The Grantee certifies, to the best of his or her knowledge and belief that:
A. No federal appropriated funds have been paid nor will be paid, by or on behalf of
the Grantee, to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
0
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this grant, the Grantee
shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
C. The Grantee shall require that the language of this certification be included in the
award documents for all grants or subcontracts and that all subrecipients shall
certify and disclose accordingly.
The State has relied upon this certification as a material representation. Submission of this
certification is a prerequisite for entering into this Agreement imposed by 31 USC § 1352. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
The Grantee certifies, to the best of his or her knowledge and belief that no state funds have been
paid nor will be paid, by or on behalf of the Grantee, to any person for influencing or attempting
to influence an officer or employee of any State agency, a member of the Legislature, or an
employee of a member of the Legislature in connection with the awarding of any state contract,
the making of any state grant, the making of any state loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any state
contract, grant, loan or cooperative agreement.
4.2 Governing Law
This Grant is governed, construed, and enforced in accordance with Michigan law,
excluding choice -of -law principles, and all claims relating to or arising out of this Grant are
governed by Michigan law, excluding choice -of -law principles. Any dispute arising from this
Grant must be resolved as outlined in Sec. 15 of PA93 of 2013, as amended.
4.3 Disclosure of Litigation, or Other Proceeding
Grantee must notify the State within 14 calendar days of receiving notice of any
litigation, investigation, arbitration, or other proceeding (collectively, "Proceeding") that arises
during the term of the Grant against a public defender office, an attorney employed by a public
defender office, or an attorney contracted to perform indigent defense functions funded by the
Grantee that involves: (a) a criminal Proceeding; (b) a civil Proceeding involving a claim that,
after consideration of Grantee's insurance coverages, would adversely affect Grantee's viability;
(c) a civil Proceeding involving a governmental or public entity's claim or written allegation of
fraud related to performance of the Grant; or (d) a Proceeding challenging any license that an
10
attorney practicing
on behalf of a public defender office or an attorney practicing pursuant to a
contract to perform indigent defense functions for the Grantee is required to possess in or er to
perform under this Grant.
4.4 Assignment
other party without the prior approval of the
Grantee may not assign this Grant to any
Grantee, the State, in its sole discretion, may assign in whole or in part, its
State. Upon notice to
rights or responsibilities under this Grant to any other party' If the State determines that a
novation of the Grant to a third party
is necessary, Grantee will agree to the novation, provide all
necessary documentation and signatures, and continue to perform, with the third party, its
obligations under the Grant.
4.5 Entire Grant and Modification
This Grant is the entire agreement and replaces all previous agreements between the
parties for the Grant activities. The MIDC may provide guides, instructions, informational
pamphlets for the purpose of providing guidance and information with regard to the grant and
p Bement su ersedes all terms of MIDC guides, instructions,
Commission policies. This Grant Agreement p
informational pamphlets and any other explanatory
b material ed agreement bis in retween the parties'
ct with the Grant
Agreement. This Grant may not be amended p y s
4.6 Grantee Relationship
Grantee assumes all rights, obligations and liabilities
ee
set
forth
o the. in this Grant.
rar hip or Grantee,
its
employees, and agents will not be considered employee
s of venture relationship is created by virtue of this Grant{ Grantee,
anePrior performance does not
d not the State, is responsible
for the paym�ee's status asnt of wages, henefits en ndepanendentes of Gx'an�an eemployees
modify Gran
4.7 Dispute Resolution
The parties will endeavor to resolve any Grant dispute in accordance with section 15 of
Public Act 93 of 2013, as amended 12123118. Tredispute ust lirclude description Ofbe referred to the theissues
respective Grantors or Program Managers. Such
and all supporting documentation. The parties will conterfaimaric would elquir�Grantee to
resolved, unless the dispute precludes performance
spend in excess of its local share as defined by MCL 80.983(h).
5.0 Severability
If any part of this Grant is held invalid or unenforceable, by any court of competent
jurisdiction, that part will be deemed deleted from this Grant and the severed part will be
11
replaced by agreed upon language that achieves the same or similar objectives. The remaining
Grant will continue in full force and effect,
5.1 ''Waiver
Failure by Grantor to enforce any provision of this Grant will not constitute a waiver.
Grantee's acceptance of the terms of the grant contract does not waive and preserves all of
the constitutional and statutory issues raised in County of Oakland v. State of Michigan et
al, _ Mich. App. (2018), 2018 Mich. App. LEXIS 2811 (application for leave to
appeal pending at the Michigan Supreme Court, MSC Case No. 158315) and County of
Oakland v. Michigan indigent Defense Commission, Case No. 18 -170456 -CZ (61h Judicial
Circuit Court).
5.2 Signatories
The signatories warrant that they are empowered to enter into this Agreement and agree
to be bound by it.
AxAnn Droste, Director Date
Bureau of Finance and Administrative Services
Department of Licensing and Regulatory Affairs
State of Michigan
Lorenthogali, Executive Di ector Date
Michigan Indigent Defense Commission
Department of Licensing and Regulatory Affairs
State of Michigan
David T. Woodward, Chairman Date
Board of Commissioners
County of Oakland
GRANT NO. 2019-125
12
UPDATED THIRD
COMPLIANCE PLAN NARRATIVE
Introduction to Cnm fiance Plan
Oakland County is the Funding Unit for the Oakland County Circuit Court and the 52nd District Court.
MM 600.8123(10); MCLA 780.983(g). The Oakland County Circuit Court serves all of Oakland County
which is geographically one of the largest counties in the State and Is the second most populous
county in the State. Wayne County has the largest population of approximately 1.75 million residents
followed by Oakland County with 1.24 million residents. rhe next most populous county is Macomb
County with a population of 864,000 and then Kent County with a population of 636,000. Oakland
County has nineteen Circuit Court Judges not including a Supreme Court Administrative Office (SCAO)
approved new judgeship to be added on January 1, 2019,
The 52nd District Court is one of the largest district courts in this State. The four election divisions of
the 52nd District Court comprises 75% of the land area of Oakland County (see map attached hereto
as Exhibit 1) and hold approximately 49% or 593,000 of the County's population of 1.24 million
residents. The 43rd -51st District Courts serve the other 621.,000 residents. See attached map.
Pursuant to the mandate of MCLA 600.6123(10), the 52nd District Court has four separate
courthouses located in the cities of Novi, Clarkston, Rochester HIM, and Troy. The 52nd District Court
han any other District Court in the State except for the 67th District
has more separate courthouses t
Court, which is a first class district court and encompasses all of Genesee County, The 52"d District
Court also has more Judges than any district court in the State, except the 36th District Court (City of
Detroit) and the 67th District Court, The 52nd District Court has the following number of judges and
magistrates:
52-1 DC (Novi): 3 Judges, 3 Magistrates
52-2 DC (Clarkston): 2 Judges, 3 Magistrates
52-3 DC (Rochester Hills): 3 Judges, 3 Magistrates
52-4 DC (Troy): 2 Judges, 4 Magistrates
The Oakland County Sheriff works In conjunction with the Oakland County Circuit Court and the
District Courts in Oakland County to ensure that the criminal justice system functions efficiently and
safely. The Sheriff is responsible for the operation of the Oakland County Jail (OCJ), which houses
approximately 1400-1500 inmates on a daisy basis. The Oakland County Sheriff is also responsible for
services in the Oakland County Circuit Court and the four election districts of the 52"6 District Court.
Oakland County operates a county -wide court video system for all of the courts located within tile
County. Every District Court in Oakland County utilizes this system to conduct video arraignments of
the defendants incarcerated in the OCJ, not just the 52nd District Court. The OCJ conducted 12,200
video arraignments in 2017 and has completed 4226 video arraignments In the first four months of
2018 (12,678 annually). The video conferencingsystem is a'point-to-point' conference from the OCJ
tics created by
he
gent defense
islation
ll
re the District Court. The complexities ntstthe v deogsystem (softwaretand egluipmentL videogboohs and
require additional enhance ort the video
arraignment areas, as well as additional training for personnel who operate and support
conferencing system.
MIDC Standard 4, Counsel at First Appearance, will have a his Compliance
impact on the County's video
an under the heading
conferencing system. As set forth in more detail later in this ita t the d sruptions and delays
Counsel at First Appearance, in order to campiY with Standard 4,
in the video arraignment process that Standard 4 will otherwise cause,
he video arraignment room
ings at the
CJ
h inmates prior to
at the OCl must be renovated„ato accommodate attorney earances with the inmate In he video arraignment tboo hs In the OCL
arraignment and attorney PP dated to accommodate, inter alta, video Interviews
In addition, the video system must neybe s in dJup t
he 521 between arraignment only attor the jurisdiction of the 52nd District Court, weekend attorney interyCourts and defendants in six iews
department lock -ups within
between the arraignment arrannme ttss on weekeorney in the OCJ and nds betweennarraignment onlyoattorneys at thelock-
OCJ,
ups and three screen g in 52
ct Court
defendants In police
expansion of the useeekend arraignment of the video conferencing systemewill nvolverisoftware
(Rochester Hills)
programming and potentially additional equipment and storage.
The video canferencing system is the lynchpin of the coon sL Courtho process.
in Oakland County
function properly then the entire system and all fourteen ( )
will have to reset their oe he completed ornment ltime Yocompleted will affect all District Courts and wiown in the system In the ll
because interviews Cann
potentially increase costs because arraignments arraignment
from the OCi s so importas will be conducted inand why the lOCI workday video
schedule. This is why the g
arraignment rlo m nt tfu ofion efficlenlY and time . the Countyts Compliance PlanIV The rWitho t thesehreOnovations,jovertime In
Is the most important of
vely
the OU will rIncrease
examplerthe there currently three deputies and the schedules of all assigned ass gned tot he video arraignment rl be oom
affected. for example,
every day (control room, prisoner movements, etc.). DallY overtime for a two hour delay multiplied
by the number of deputies on duty and the number of days this occurs will be costly. if video
arraignments are delayed ir District
attorneys forret return to eouls a second be delayed/
timeld over causing overtime
or forcing defendants and the
Finally, the MIDC legislation and the requirements of Standards 1-4 initially required six (6) separate
re two enoation rojects In
e OcJ, one
ation project
renovation projects. Ther�o rthouserandvthreeprenovah
renovation projects Inrthe v52 2 District the
Oakland County Circuit
(Clarkston). The three renovation projects in the Clarkston made duri g)the February 6i 2018
pursuant to the request of thnated
e County's MIDC Representative
meeting where she advised hat she would not rec aura the Clarkston Courthouse kornmend s aDleasedtrenovations facility andbecause the
to the Clarkston Courthouse for an
ouse in the future. For further explanation, the need es ldgtiona
County may build a new courth
Deputy if the renovations are not made, and formal waiver request, see infra at pages 16 to
In addition to the three remaining renovation projects, there are six separate upgrades needed in
police department lock -ups requiring equipment, installation of equipment and devices, and other
modifications to police department arraignment areas. There are also upgrades to several Circuit
Court meeting rooms that are necessary.
More specifically, these projects '(excluding the Clarkston Courthouse) are;
1, Renovation of the video arraignment room In the OCJ,
2. Renovation in Block 1E of the OCJ to create two confidential meeting rooms.
3. Renovation of the In -custody meeting area in the basement of the Oakland County Circuit
Courthouse to create two confidential in -custody meeting rooms.
4. Enhancements to part of the Troy, Milford, City of Rochester and Wixom Police Departments
lock -ups to accommodate arraignment only attorney video interviews of defendants held in
those police department lock -ups.
5. Modifications to the Novi and White Lake Township police lock -ups to accommodate
arraignment only attorney video interviews of defendants held in those lock -ups,
6. Upgrades to several Circuit Courthouse meeting rooms.
The total cost of these renovations and upgrades is estimated at $657,922. See Cost Analysis at page
1 and at pages 7 to 27. This assumes that there will be no renovations for the Clarkston Courthouse.
See Infra at pages 16 to 18, The Clarkston Courthouse renovations which were contained in our initial
Application are described in Exhibit 5 hereto. The County does note that if no renovations are made
to the Clarkston Courthouse, the County will need an additional Deputy assigned to that courthouse
to manage and to provide security for meetings between in -custody defendants and Indigent defense
attorneys (and other attorneys). See page 17 for a description of in -custody meeting/process at the
Clarkston Courthouse.
QUESTION:
Briefly describe the indigent defense delivery system(s) — contract, assigned counsel, or public
defender—that the funding unit(s), for which this application Is being considered, employed to deliver
services before the MIDC Act took effect (July 1, 2013).
RESPONSE
The Oakland County Circuit Court and the 52nd District Court utilize an assigned counsel system.
The Oakland County Circuit Court operates Its indigent defense system through a Local Administrative
Order (LAO) (a copy is attached as Exhibit 2) that establishes a Criminal Assignment Committee
s TheCounty notes that the too day period for cc mplotingall of the construction/ranovation/upgrad[no paolects Is not ram hstic. some of those projects
will take toeger than sir months. For aaample, the rerwwtfon of the OCJ video arraignment room must be conducted during the afternoon shift and the
room must be cleaned and useable the nest morning so that video arraignments an continua. This timitstlon wap affect productivity. Futcher, since no
start dale an he fereast at this time beaus no one knows when the legislature will apProPlate the funds the Courcy cannot seek compoutive bids
and %arefora schedule a construction stortdate.
comprised of five Judges selected by the Chief Judge and five attorneys selected by the President of
the Oakland County Bar Association. In summary, the LOA establishes a court appointed attorney
assignment and qualifications system. The appointment system operates as a modified rotational
system, withJudges retaining the ability to appoint attorneys to Level 1 and 2 felony cases. See Exhibit
2, LOA at page 3, Section V.
The qualifications system is essentially divided Into two parts. The first part places attorneys Into one
of four levels based on their skill level with one being the highest level. The Criminal Assignment
Committee makes the decision concerning placement. Second, there are yearly continuing legal
education ("CLE") requirements based on the attorney's assigned level. The Oakland County Circuit
Court Administrator's Office monitors CLE credits earned by each attorney each year and the Oakland
County Bar Association (OCBA) makes CLE programs available, although attorneys can take courses
other than those offered by the OCBA.
Attorneys are compensated by event. Attorneys may also seek extraordinary fees above and beyond
listed events, but they are required to seek approval for such fees from the assigned Judge.
An attorney must have an office in Oakland County in order to be considered for court appointments
from the Oakland County Circuit Court,
The 52nd District Court operates somewhat differently. Each Judge maintains a list of attorneys whom
they have reviewed and deem qualified for court appointments. After the Judge determines whether
or not the defendant is eligible for a court appointed attorney in accordance with the court rules, a
court appointed attorney will be assigned by a designated court employee.
QUESTION
Generally, how does the system(s) intend to comply with the MIDC standards 1-4? Please address
whether you will continue with the model In place above, whether you have already made a transition
to a new deliverysystem, or whether you intend to transition to a new delivery system.
ESR PONSE
From a general perspective, after full funding from the State is provided to implement its Compliance
Plan, Oakland County plans to continue with the same assigned counsel system that the Oakland
County Circuit Court and the 52nd District Court have utilized until Standard 5 (Judicial Independence)
becomes effective. Thereafter, Oakland County may transition to another system depending upon the
requirements of Standard 5 and other considerations. The County has Incorporated its management
and staffing needs in this Compliance Plan, Including the County's pian to hire a Chief Attorney MIDC
at some point to manage the Indigent defense system.
Further, if Standard 5 becomes effective, the Criminal Assignment Committee must be changed to
remove members of the Judiciary or to modify Its purpose so that Judges function only In the context
of reviewing attorney qualifications and performance. The system utilized by the 52nd District Court
will also have to be substantially changed because the District Court Judges will no longer be able to
select attorneys for court appointments or be able to place attorneys on appointment lists.
Addressing generally Standards 1.4, the County plansto meet its legal obligations pilot with re pact entad
Standard. Standard 1, CLE will be met by utilliing a county -wide two y
and managed by the Oakland County Bar Association (OCBA), where the OCBA, pursuant to contract,
will prepare ndg CLE programming designed lDC CLE ,tfree a
f charge
to court appointedand
it defense attorneys the Oakland County Circuit Court, 52nd District
Court and the 43rd through 51" District Courts.
The OCBA will compile and monitor attorney CLE credits for this program, provide periodic notice of
the
credits earned by attorneys, and will report r 7his amounto the tnwlll be reviewed after theIDC and the Funding tflrsts. loirs sand
requested grant amount Is $x.75,000 p y
year.
Generally, Standard 2 will be met by notifying appointed counsel at the time of appointment of the
requirement to have an initial meeting with their client promptly far clients who are not ill custody
and within three business days of appointment for clients who are in custoil d ounselYAsAs lcon eirns
compliance by reviewing payment vouchers submitted by court app
confidential meeting space for ctadditional ustody non -custody
fully described herein, the County
utcnsruconfdent ameting rooms in the OC!
and the Circuit Courthouse, Pursuant to the request of our MIDC Representative the County is seeking
a waiver of compliance with Standards 2 and 4 for the Clarkston Courthouse. 1f the waiver is not
granted, then the renovations must be made (see Exhibit 5 for a description of the necessary
ranted,
Courthouse will need an
renovations and cost of same). If th waiver is glty formeeti gs beitweenoin custody defendants and
additional Deputy to manage and provide
Indigent defense counsel. case by case
asis the need for
Standard 3 will be met by indigent defense counsel determining
e court uses and statutes to obtain approval
experts and/or Investigators. Counsel will fallow app
to retain investigators and experts and for their payment.
Finally, Standard 4 will be met by providing arraignment only attorneys at each of the 52"d District
Courthouses for defendants appearing in person in court for arraignment. The defendant will be
the
interviewed by the arraignment only attorney who will also appear ring for arraignmentby
arraignment with
deo,
defendant. For defendants incarcerated n the OCJ and appe
arraignment only attorneys will be scheduled at the OCJ every day to Interview the defendants
incarcerated at the OCJ. After the interview, the defendant and the arraignment only attorney at the
OC1 will be connected to the Judge in the District Court via video for the arraignment. For defendants
In police department lack -ups within the jurisdiction of the 52nd District Court, the arraignment only
attorney In the District Courthouse will interview the defendant in the police lock -ups via video
connection. After the interview the arraignment only attorney will proceed to the courtroom where
l be
nected with the
the arraignmentetloup viattdeo. Weekend arraignments, and Judge lnwh ch involve more defendant
compl x'n the logistics, lice
are
department p
discussed herein.
CEUESTION in held a g., county
Please identify the name sitIO nce(planning process lfor thisodeliery ysteme attorney, etc.)
for each person involved in the
com
MMAN LE
Gerald Poisson, Chief Deputy County Executive
Robert Daddow, Deputy County Executive
phillip eertolinl, Deputy County Executive
Malcolm Brown, Deputy County Executive
Judge Nancl Grant, Chief Judge Oakland County
Circuit Court
Judge Juile Nicholson, 52-3 District Court, and
former Chief Judge 52nd District Court
Judge Maureen McGinnis, 52-4 District Court
Judge Joseph Fabrizio, 52-2 District Court and
Chief Judge 52nd District Court
Judge Kelley Kostin, 52-2 District Court
Judge Robert Bondy, 52-1 District Court
Jessica Cooper, Prosecuting Attorney
Paul Walton, Chief Assistant Prosecuting Attorney
Michael Timm, Director information Technology
Kevin Oeffner,Circuit Court Adm.
Specialist
Angelina Sharon, Court Appointment
Jeff Werner, Manager CLEMIS
Jeffery Nesmith, Chief- CLEMIS
Guy Compton, Chief Technical Services
Mike McCullough, User Support Specialist
Steve Jennings, Chief CLEMIS
Jacob Ramey, User Support Specialist
Laurie Van Pelt, Director Management & Budget
Lynn Sonklss, Fiscal Services Officer
Kim Elgrably, Financial Analyst Coordinator
Keith Lerminlaux, Corporation Counsel
Mary Ann Jorge, Assistant Corporation Counsel
Jordie Kramer, Director- Human Resources
Lori Taylor, Deputy Director- Human Resources
Kristy Slosson, Manager Human Resources
Halley Seguin, HR Analyst
S tt Guzzy Administrator of Purchasing
Alexandra Black, 52-1 District Court Adm,
Sharon Rupe, 52-2 District Court Adm.
Tom Fuentes, 52-3 District Court Adm.
Jill Paiulian, former 52-4 District Court Adm.
Dana O'Neal, 52-4 District Court Adm-
Undersheriff Michael McCabe, OCSO
Major Charles Snarey, OCSO
Capt. Curtis Childs, OCSO
Capt. Douglas Molinar, OCSO
Dale Cunningham, Sheriff Fiscal Officer
Lt, Todd Hill, OCSO
Lt. Tom Vida, OCSO
Lt. Tom Soling, CICSO
Sgt. Donald Gracey, OCSO
Deputy Matthew Bailey, OCSO
Barbara Hankey, Manager Community Corrections
Merrl Lee Jones, Oakland County Bar Association
Eric Wilson, Criminal Defense Attorney
Randal Secontine, Criminal Defense Attorney
Robert Morad, Criminal Defense Attorney
Judith Gracey, Criminal Defense Attorney
Gerald Sabotta, Criminal Defense Attorney
Michael McCarthy, Criminal Defense Attorney
Steven Auger, Architect -Auger, Klein, Aller
Art Holdsworth, Director Facilities Management
Ed Joss, Manager- Facilities Planning and Eng.
Brett Battishill, Architectural Engineer 11
Jason Warner, Planning and Eng. Supervisor
Co r
in addition to the above County personnel and others, numerous meetings have been held with the
the District unty ourtcourtsin or bethat certain caordinat d and meting Standards impacting the
personnel of non -County
local funding units and
QUESTION
Provide an attachment with the names, license or P#'s, and years of criminal defense experience for
all attorneys the funding units(s) intends to have deliver services as part of the local Indigent defense
system.
RESPONSE
See Attachment 1
Standard 1—Training and Education
t.
Attorneys with fewer than two years of experience practicing criminal defense in Michigan shall
participate In one basic skills acquisition class. Do any of the attorneys Included in this plan have
fewer than the required experience and require this training? How many?
RESPONSE
Yes. The actual number of attorneys (Oakland County and the 52nd District Court) with less than two
years of criminal defense experience is only twenty (20) attorneys at this time. Since the County may
be In need of additional attorneys, especially to be arraignment only attorneys, the County anticipates
adding at least ten attorneys and will seek to recruit this many new attorneys upon the approval of
the County's Compliance Plan by the MIDC. Therefore, the total number of attorneys with less than
two years' experience could be thlrty (30) or more.
As set forth herein, the County and ail of the District Courts In the County are participating in a CLE
program managed and operated by the OCBA. County -wide we cannot determine the number of
attorneys with less than two years criminal defense experience because several District Courts did
not provide this Informatlon, The number Identified to date is 23 Including the twenty (20) attorneys
noted above.
All attorneys shall annually complete at least 12 hours of continuing legal education. How many
attorneys require training In this plan?
RI
The number of attorneys requiring continuing legal education will obviously fluctuate once the
minimum standards are enforced. At this time, there are 286 attorneys for Oakland County and the
52n4 District Court and there Is a total of 484 attorneys from the County of Oakland, the 52"4 District
Court and all of the other District Courts in the County (43rd -511t District Court, duplicates have been
eliminated). See Exhibit 3.
usI
How will the funding unit(s) ensure that the attorneys satisfy the 12 hours of continuing legal
education during the plan year?
5P0 5
her District Courts
Oakland County (Oaklandto 51n Distract Courts) aeult court and testablishing he 52 a unistrict iform county rt) and the twide CLE program
ty C
In Oakland County (
through the OCBA. Oakland County employees have spent several months organising this effort with
county -wide funding units, chief judges and court administrators.
As this is a new cost directly mandated by the MIDC, after State funding Is provided, the County will
contract with the OCBA for a two-year program under which h
pilotned by each attorney, will
e OCBA will provide CLE
programming, will evaluate the programming, will monitor CLE credits ea
send attorneys emalls concerning their CLE status, anll send willmee wthe Miiitth the Funding UC and the nng Units a year -
its nits periodically
end report of CLE credits earned by each attorney,for a two year
pi assess the plot program. A draft of the contract betw is attached hereto as Exhibit 4. The contract will need to be finalizedean the OCOA and the after MiDC
plot CLE program
approval of this CLE proposal. Court and all of the
non-52nd
All CLE monies for the Oakland County Circuitcourt,
h r lithe 52"d District
s administer the CLE ca tract with the OCBA
District Courts will come to Oakland County
There Is an f hepate In the CLE
g
non -52"d Df trict Courts in Oakland County have stated n to athat they ant to
program. All
oof t
participate in this county -wide program.
There are contract provisions covering the followings
• Purchase of software by the OCBA
• Auditing by the Funding Unit, the MIDC and the State
• Oakland County will receive the CLE monies for Itself andall of lehe District Courts and will
provide some to the OCBA in accordance with a payment
Meetings between the OCBA and all Funding Units to discuss the CLE program
Oakland County has obtained a list of court appointed attorneys from the 43r4 to 51" District Courts
and compared these lists against its list Of court appointed attorneys for the Oakland County Circuit
Court and the 52"purposes
of funding this corny wide CLE system.5ee Exhibit 3. Again, this list is expected to
District Court and has eliminated duplicates so that an attorney Is only counted
ante #or purposes g
fluctuate as new attorneys are added to meet the needs of the funding units, further, multiple Judges
bers of attorneys
ed may increase or
and court ad endingaonghow the Judges manage theiinisttos have reported that the r iIndividual r minal appointment lists. The cost
decrease depending per annum.
of operating this CLE program is $175,00 p
This cost it at comprised
attorneys. OCBA is as or requiring a $25, 00 mponents: OCBA annualprovide
administra the fee to cover he
500 particlpat g 10
costs of Increased overhead that the contract will require, including but not limited to the purchase
and implementation of computer software and equipment to develop and deliver CLE programming
(both live and webinar formats), track CLE credits for each participating attorney, and comply with
County and MIDC reporting requirements. The fee will also support the administrative costs of the
additional full-time employee responsible to perform curriculum development, implementation of
the CLE programming, and record-keeping and reporting requirements
(see
s e O CBA contract,
of the remaining
4
at pages 22-23). The contract requires four quarterly payments
$150,000, which will cover actual seminar and related costs. See Exhibit 4 pages 22-23.
This is a reasonable cost given the magnitude of such a training program in Michigan's second most
populous county. This cost will be evaluated In future years after the OCBA has purchased and
installed software to create webinars and monitor LLE credits, hired staff, and has evaluated its
programming for its effectiveness and other cost considerations.
The County is mindful of the MIDC's mandate that CLE reimbursements will be limited to $25/credit
hour and $3o9/attorney. However, Court of Claims Judge Christopher Murray in Oakland Codnty v
State of Michigan et al, has ruled that the MIDC Guide for Submission of compliance plans is advisory
only and anything contained therein, including the limit on CLE reimbursement to $300/attomey,
does not have the force and�eff,m limits
eatadlbY the MIDC onthe funding glnof CLE requirements
under the Court's ruling, Y
($25/credit hour) contained in the Guide is not compulsory or enforceable.
Finally, Oakland County notes the following MIDC/Oakland County issues regarding this CLE program.
Oakland County has previously raised in writing with the MIDC the following issues regarding CLE
funding.
1. Now will the MIDC handle Inter county CLE funding requests for the same attorney (i.e. John
Doe on the Wayne County list and the Oakland County and/or on the lists of multiple Wayne
County District Courts).
2, if the MIDC assigns CLE monies for a number of attorneys on te District Oakland
County Oakland list toCounother will
funding units (i.e. Wayne County, Macomb County, g
not be able to fund its program.
3. Oakland County's program with the Oakland Bar Association depends on full funding of
$175,000.
4. It is not a correct response for the MIDC or another funding unit to take the position that if
attorneys are reassigned from Oakland County to another funding unit that there is no impact
because Oakland County will have fewer attorneys to train.
Oakland County,$ class costs are the same whether It has 70 in the classroom or 40. Oakland
ng costs
e same or close thereto
the county has 30D
attorneys or 450 attorneysare . Any cost will
rheduction because of fewer attorneys attorneysys will be minimal.
11
5. Oakland County's CLE costs need to be funded at the current level of $175,000 or the program
will not work. In the event the requested CLE funding is not forthcoming, Oakland County will
revert to having every attorney plan and report his/her awn CLE.
6. Further, If this CLE program is not approved as written and the County must operate, manage,
evaluate and report to the MIDC regarding a CLE program, the County will be forced to hire,
at least, one FTE Circuit Court Records Specialist at an annual cost of $85,283 ($50,186 salary,
$35,097 fringe benefits) and additional professional staff as necessary to support the CLE
program. Further, there will be other costs as well such as a computer program to track the
program and overhead administrative and management costs that cannot be definitively
ascertained at this time. Furthermore, all of the Funding Units in the County (430-51t1 District
Courts) will also be required to hire part-time employees to manage, track and report CLE.
This Compliance Plan assumes that the foregoing CLE Plan will be approved and therefore no
alternative costing Is provided at this time.
Standard 2 — Initial Interview
QUEST
When a client is in local custody, counsel shall conduct an initial client intake interview within three
business days after appointment. When a client is not In custody, counsel shall promptly deliver an
introductory communication so that the client may follow-up and schedule a meeting, To be
successful, this requires immediate notification of appointment and client contact information.
How does the plan facilitate immediate attorney assignment and notification of new cases? How will
the system ensure attorneys are completing their Interviews within three business days? How will the
Initial interview be accomplished?
RESPONSE
The Oakland County Circuit Court will follow the attorney notification, interview and interview
verification procedure set forth below.
After arraignment and a determination by a Judge that the defendant Is eligible for a court appointed
attorney (once Standard 5 is In effect an Administrator or other person or group will become the
decision maker)=, a Criminal Defense Assignment Cleric will be notified and the Assignment Clerk will
contact the next attorney on the assignment list (or as otherwise selected as described earlier for
Oakland Circuit Court) via telephone and/or email, advising the attorney of the assignment.
Thereafter, an email will be sent to the assigned attorney with pertinent Information and documents.
The email will also advise the attorney that an initial interview must occur and that if the defendant
Is in custody the interview must occur within three (3) business days of the assignment and that if the
' Pursuant to a dtswsslon with our M1DC Repro Pori on May 1& 2018 determinatlom of Ind lgent status need ad to qusllfyfar appointment of counsel
will text Inueto be made by ft court and not the funding units until, at least, the ttme that Standard S ifudtclal Independence) is Implemented,
12
defendant is not in custody the attorney must notify the defendant of the attorney's appointment by
email, telephone, or letter so an initial meeting with the defendant can be scheduled
Promof the payment
Since defense attorneys will now be compensated for this initial interview, p
voucher, which will be signed by the attorney, will have a place to list the attorney fee for the initial
interview as well as the date the ment voucher willal interview verify that hesAssignment
initiat interview occurred as described above`
reviewing the payfulfill this responsibility.
Further, attorneys are officers of the Court and as such are obligated to
The initial interview will be accomplished for in -custody defendants by having the attorney come to
the OCJ and not inmeetinge defendant In one of the confidential i
n the 00. For
defendants ho are -custody dy the initial interview w 111 occur at theattorney'soffice or other
location.
For the Circuit Court there were 3690 criminal assignments in 2016 and the number of assignments
far fewer pleas at arraignment because arraignment only attorneys
will increase because there we be
will not have sufficient Information and documents to advise a defendant to plead guilty and because
we
increased the number of
appointments haveI to 4s 2 and multiplied r time.
Accordingly, the ct rate foer a jail visit This results In a
appointments bye
cost of $345,900 for initial interviews for the Circuit Court.
The District Courts are more complicated;. Generally, one or more Public Defenders are in each
courthouse most days. Those Public Defenders handle pretrial/arraignments, pretrials and many
other events/hearings/trials for Indigent defendants scheduled for court that day. These Public
Defenders are paid a flat rate for the day. The number of cases in which a defendant is assigned a
Public Defender outside this system for all four of the 52nd District Court is estimated after
0. At $75 per initial past arraignment interview this approved 2,500.
implementation of the Pian at 70 d form
in this situation, the specifically assigned attorneyp
will rovide an invoice an a court app
for the initial meeting.
The total cost for the Initial Interviews for the Oakland County Circuit Court and 52nd District Court Is
$398,400 ($345,900- Circuit Court plus $52,500- 5264 District
Court)-
U ST O
This Standard further requires a confidential setting be provided for all client interviews.
Does the jail have confidentialaspace
o c efe r attorney -
the �al sclient pace.
tntervtews7 Describe the space available for
the interviews or the q
re eime provide airy definite ameuntt that ortablishing a
Plaasanote:RIItheCountdfundentandln8that the MIOtIsse �4u1 countycannot,atihlst --P
effediveh' dismantle the 52 DlsUlct Court Indigent defense ri clerical, adminittratWa. defense munsak end ludsalMa7htnte time lnwked
naw Indigent defente Brass would cost, b r S2"' iderrnt rictthe add se (total $1 mtl4lnnj. 13
the costweuld net be leu than $250,000 per
RESPONSE
The OCJ has existing confidential meeting rooms for attorney client Intervlews4, but needs to add
three more meeting rooms. The existing confidential meeting rooms consist of a room that has a
metal table extending from the wail with a metal seat on both sides of the table.
In Block 1E of the OCJ, which houses female inmates, the County needs to create two confidential
meeting rooms for that section of the OCJ. The County has located an area Immediately adjacent to
Block 1E where two confidential meeting rooms can be created. The cost for this renovation is
included In the facility renovations section of the Cost Analysis. 5 See Cost Analysis at page 1, and
pages 13 to15.
In the male housing area on the second floor of the OCJ an available room (OCJ 2E Room 2125) needs
to be furnished with a table and chairs. See Cost Analysis at page 1, and pages 13 to 15.
Attorneys can meet with their client In a confidential space in the jail by calling in advance to reserve
a time to meet with their client or by simply appearing at the OCJ and asking to see their client. The
attorney and client will be allotted the time necessary for the Interview/meeting.
QUESTI0
Does the courthouse have confidential space for attorney-client Interviews? Describe the space
available for the interviews or the plan to provide confidential space.
RESPONSE
Clatland County Circuit Courthoug
Confidential meeting space for in -custody defendants in the Oakland County Courthouse needs to be
created. After the State provides funding, the County will renovate part of the detention area In the
basement of the Circuit Court Courthouse Into two confidential attorney client sound proofed
meeting rooms. The cost of this renovation is set forth in the facilities section of the Cost Analysis 6
See Cost Analysis at page 1, and pages 15 to 18.
For non -custody defendants the County will have a total of four meeting rooms on the second, third,
fourth, and fifth floors of the Courthouse'. These rooms will be marked as Indigent defense meeting
rooms. In addition, a fifth meeting room is being designated for confidential meetings in the west
wing of the Courthouse in the Oakland County Law library. The cost of furniture and related items for
these rooms Is contained in the facility renovation section of the Cost Analysis, See Cost Analysis at
page 1, and pages 19 to 25.
-in additlon, tho yldoo orralgnment ema of the GG has no apace wham attorneys can matt with dlents prior Soar ralgnmtnt end no confidential matting
rooms, Adjoining rooms mad to be repurposed and renovated to create eonfldentlal Mornay rooms and holding calls in order to waatt adequate
confidential space In thevldeo orraignmentamo,
A ThaCounty objects to arrycaps on renovation cam or enyatandard Involving a hlghor level of scrutiny for ranavatlons costing more than $25,1101) (or
any other amoOQ because no such limitations are contained in the statute.
s :bid
r If demand for these rooms permits a roam may be used on accasrun as a media overflow room for high psofiln court cases.
14
52nd District Cou
All of the 52nd District Courts have confidential meeting space for in-custody and non-custody
defendants, exceptfor the 52-2 District Court (Clarkston). In order to comply with Standards 2 and 4
the Clarkston Court must renovate three separate areas of Its Courthouse or must have an MIDC
approved waiver (determination that the Clarkston Courthouse Is compliant with MIDC standards to
the extent reasonably possible) of the renovations and an additional Deputy assigned to the
Courthouse In order to accommodate meetings between In-custody defendants and Indigent defense
counsel.
Before discussing the Clarkston Courthouse, we note that the Clarkston District Court serves tern
separate munic€pailtiesll, each with its own prosecutor for local ordinance violations, all of whom
appear weekly or bl-weekly for at least one-half day in the Courthouse for meetings, hearings, and
trials. All need conference rooms. So do arraignment only attorneys and other public defenders.
Further, there Is no unused space In the Clarkston Courthouse building (i.e. It Is all occupied by the
Clarkston Court and every square foot is utilized).
The Clarkston District Courthouse is a leased facility with a current lease term that began in 2011 and
will end in 2026. The lease has an escape clause effective June 1, 2022 under which the County can
terminate the lease by giving 365 days advance notice (notice before June 1, 2021).
In a meeting with the County's MIDC Representative on February 6, 2018, the County was advised
that the Representative would not recommend any renovations to the Clarkston Courthouse because
the Representative did not believe that any renovations to the Clarkston Courthouse were reasonable
because that courthouse is a leased facility and the County may build a new courthouse in the future,
Therefore, after consultation with our MIDC Representative, the Clarkston Courthouse, as it currently
exists, is compliant with the confidential meeting space requirements of the MIDC Act and Standards
to the extent that is reasonably possible.
In this regard, it Is Important to note the following two significant facts. First, the property for a new
courthouse in Clarkston was purchased in 2006. Almost 12 years later there are stili no plans to
actually build a courthouse and when, if ever, a new courthouse will be built is unknown. Further, the
County's Capital improvement Plan for the next ten (10) years does not contain a plan or funds to
build a new courthouse.
Second, the omission of the Clarkston Courthouse renovations means the following for the operations
of the Clarkston Court, which Includes the need for an additional Deputy:
o There will be no confidential meeting room for attorney/client interviews of In-custody
defendants. Currently, if an attorney needs to meet with an in-custody defendant at the
Clarkston District Court, the attorney is escorted back to the secure detention area. The
defendant Is taken out of the cell, patted down and handcuffed. Then the attorney meets
with their client just outside the cell, but still in the secure hallway, with the Deputy present
I Brandon Township. Llerkslon, Holt, Township. Growland Township, Independence Towashlp, Rosa Township, Spil"floW Towrtrhlp, White Lake
Towmhlp, VII33geof Holly, Viitage of ortarwllk. 15
the entire time. When the meeting is done, the defendant is patted down again, un -
handcuffed and placed back into the cell. Then the attorney is escorted back to the public
area. only one attorney is allowed Into the secure area at a time. This procedure will need to
be followed not only for pre -arraignment interviews, but for meetings prior to pretrials,
probable cause hearings, motion hearings, and other such matters.
Without the proposed renovations, the only place to allow attorneys to consult with In -
custody defendants Is this secured detention hallway. Anywhere else would compromise
security. Additionally, with the Increased number of attorney visits and the pre -arraignment
Interviews, the three full time Deputies assigned to the Clarkston District courtwill not be able
to keep up with the increased attorney visit demands on most court days, The three full time
Deputies are already responsible for the two Judges' courtrooms, the magistrate's courtroom,
the le. in -custody inmates, eaIICnew swill tneed another Deputy assigned -ins and general security otothe court as a
the Clarkston
whole. Accordingly, p
Courthouse for the meeting with In -custody defendants. See Cost Analysis at page 2.
Meetings between indigent non -custody defendants and the arraignment only attorney will
occur in a private conference room. Meetings between non -custody Indigent defendants and
public defenders appearing for other purposes can occur in conference rooms when available,
otherwise the meetings will occur in the courthouse hallways, which are accesslble„ by the
general public. Such meetings can also be scheduled at the attorney's office or other locations
pursuant to Standard 2.
52nd District Court laser Technician who records court
The County will still relocate the
statistics and does various administrative work for the Chief Judge and others, from the
Clarkston Courthouse to one of the other 52"d Courthouses where there Is available space.
Her office can then be turned into a conference room without any renovation. New furniture
would be required, but this Is a minimal expense to create an additional conference room in
the Clarkston Courthouse which has Insufficient conference rooms for the level of activity in
that Courthouse. See Cost Analysis at page 1 and 3.
The renovations the County believes It needs to make to bring the Clarkston Courthouse into
compliance with MIDC Standards 2 and 4 will not be made per agreement with the MIDC (as
evidenced by this approved Compliance Plan), The acceptance of this Compliance Plan by the
MIDC shall also constitute a waiver of the County's obligation to meet the requirements of
MIDC Standards 2 and 4 for the Clarkston Courthouse only. The County also hereby requests
to be Indemnified by the State for any lawsuits or other proceedings filed against the County
for the MIDCs decision not to fund requisite anions to the Clarkston Courthouse
described in the County's initial Application/Compliance
Attached hereto as Exhibit 5 is a description of the renovations and the costs necessary to
bring the Clarkston Courthouse Into compliance with Standard 2 and 4. This was taken from
the County's first Compliance Plan. This is being provided to advise the MIDC regarding this
cost In he event he
IDC
ides to move
rward
th the
not tot
tfund the tcost4of the cadditio al Correctional nall renovations
officer, thus making the renovations
necessary. is
Standard 3 — Experts and investigators
uig,� sRO
This standard requires counsel to conduct an independent investigation. When appropriate, counsel
shall request funds to retain an investigator to assist with the client's defense. Counsel shall request
y necessary to
re
efense and
phoassistance ution'ss casexCounsel has where iaicontinuingiduty to evaluate eaacase hforerebut
appropriate tedefense
P
investigations or expert assistance.
How will this standard be complied with by the delivery system?
RESPON
Oakland County objects to any monetary caps on the payment of experts and investigators hecause
there are none established by the MIDC Act. Moreover, Court of Claims Judge Christopher Murray in
Oakland County v State of Michigan et al has ruled that the MIDC Guide for Submission of compliance
Plans is advisory only and anything contained therein, Including the limits on funding for defense
experts and investigators, does not have the force and effect of law. (11/3117 COC 17 -000216 -MZ
Opinion p.16).
Therefore, the State should pay all of the fees and charges for experts and investigators. Further
Oakland County has reviewed the allowable per hour charges set forth in the "Instructions" and
believes that they are too low for an urban setting, especially Southeastern Michigan. M addition, the
listing of experts has excluded a toxicologist often used In criminal cases and very difficult to locate
given their scarcity in the market.
Without waiving these objections and in accordance with the MIDC investigator/expert fee schedule,
Oakland County falls in Tier iii ($50,000) because it had 4,130 adult criminal cases filed in 2016 at the
Oakland County circuit Court as certified by the State Court Administrators Office. Under Oakland
County's assigned counsel system the assigned counsel will make the decision as to the necessity for
an investigator or expert and will have to find his/her own investigator or expert and will utilize
existing payment procedures. The attorney will also have to petition the Court under applicable court
rules and statutes for an order allowing use of an expert or investigator. Once Standard 5 (Judicial
Independence) becomes effective, an alternate system for approval of experts and investigators will
be established.
estimate of $100,000 for experts and investigators which is $30,000
Oakland County has included an
more than set forth under the MIDC schedule given the virtual certainty that defendants are likely
request experts and Investigators at the suggestion of defense counlevels of exsel over and above the historical
and County believes this amount may be too low,
ously noted the
mlDC fee stpructurOe forexperts and investigators Is too low and excludes at east one icommonly used
expert, a toxicologist.
17
Also supporting this increase is the fact that the County's average yearly expenditure for experts for
2010, 2011, and 2012 was $11,590, but its average yearly expenditure for 2014, 2015 and 2016 was
$36,605, a dramatic Increase (3 times the 2010-2012 average). Once Standard 3 is actually
Implemented and defendants and criminal defense attorneys learn they can retain and utilize experts
more easily, these costs will increase significantly over current levels.
Accordingly, the County considered the 3 -fold Increase from 2010-2012 ($11,590) to 2013-2016
($36,605) and doubled it to accommodate the factors noted above which is a total of $73,210 and
Increased it to $100,000 after discussions with our MIDC Representative. This amount Is set forth on
page 1 and 3 of the Cost Analysis.
Standard 4- Counsel at First Appearance and Other Critical Stages of the
Case
QUESTION
Counsel shall be appointed to provide assistance to the defendant as soon as the defendant's liberty
Is subject to restriction by a magistrate or judge. All persons determined to be eligible for indigent
criminal defense services shall also have appointed counsel at pre-trial proceedings, during plea
negotiations and at other critical stages, whether In court or out of court.
How will this standard be compiled with by the delivery system?
RESPONSF
Introduction
Standard 4, Counsel at First Appearance, will have the biggest Impact on Oakland County and the 52nd
District Court of all of the MIDC Standards. It will significantly impact the cost, efficiency and
coordination of the arraignment process, particularly the County's video arraignment process. The
principal causes of the impact are obviously the introduction of an attorney/defendant interview prior
to the arraignment and the appearance of an attorney at the arraignment. The introduction of these
additional steps In the arraignment process not only for defendants who appear for arraignment In
person in the courthouse, but for defendants arraigned via video from the OCJ and from police
department lock -ups, significantly complicates the arraignment process.
All first arraignments are held in the District Courts including for felony and misdemeanor arrests.
MCLA 600.8311. A defendant's appearance for arraignment in the District Court generally occurs In
one of the following five ways:
1. First, most defendants are issued a Ticket/Citation/Notice to Appear for
Arraignment/Pretrial or Pretrial. The defendant then appears In the District Court in person
at the designated time and day or on or before the last designated day to appear voluntarily.
18
2. Second, if a defendant fails to appear for any court appearance, a bench warrant is issued. If
the defendant is not in custody, he/she may voluntarily walk In at any time while the court Is
open to the public to be arraigned on the bench warrant.
3. Third, there are arraignments of defendants who were arrested and held In custody In the OCJ
or a police lock-up, and are transported to the District Court by the Oakland County Sheriffs
Office or by a local police agency for arraignment.
4. Fourth, there are video arraignments of defendants held In custody In the OCJ.
S. Fifth, there are video arraignments of defendants held in custody in police department lock-
ups.
to order to discuss the Impact that Counsel at First Appearance will have on the arraignment process,
the County has divided this section of the Compliance Plan into two broad parts. In part one, the
County will discuss the arraignments in the District Court courtrooms, where the defendant is
physically present In the courtroom (numbers 1-3 above).
In part two, the County will discuss video arraignments (number 4 and 5 above), including the video
arraignment system, the OG video arraignment room, how video arraignments are currently
processed, the pilot video arralgnment runs, renovations and additions that are necessary to the
video arraignment room and equipment, police department video arraignment areas and logistics,
and how the County plans to have video arraignments processed in the future with attorney
Interviews. Due to the complexity of the video arraignment process the County will subdivide this
part further Into weekday and weekend video arraignments for defendants held in the OCJ and in
police department lock -ups.
Finally, the County will conclude by setting forth the number of arraignment only attorneys and other
staff necessary to meet the requirements of Standard 4, as well as the other Standards.
Arraignments in Person the 521 Dis Litt Courts
Current Arraignment Procedure
Non-custodial defendants who appear In person at the 52nd District Courts for arraignment are
advised of their rights by the arraigning magistrate or judge including their right to have a lawyer
appointed for them if they cannot afford an attorney. if a defendant requests a court appointed
attorney, the assigned Judge reviews the Petition for Court Appointed Attorney and either grants or
denies It. If the Judge grants the request and a court appointed attorney is available, the defendant
enters a plea of guilty or not guilty following arraignment and consultation with counsel. If a court
appointed attorney is not available, the Judge may adjourn the arraignment or enter a plea of not
guilty and set bond for the defendant and allow him/her to speak with a court appointed attorney at
the next court appearance when a court appointed attorney is scheduled. Walk-in arraignments are
handled in the same manner. Walk-in defendants appear at all hours throughout the day.
19
Defendants, who are in -custody, are escorted to the courtroom from a holding cell in the courthouse
by a Deputy or Police Officer. Once In the courtroom the same procedure is followed as described for
non -custody defendants.
Proposed New Arraignment Procedure
The County and the 52"d District Court plan to have arraignment only attorneys assigned to each
District Courthouse to handle all first arraignments for that Court each day. When non -custody
defendants appear in court (either as scheduled or walk-in) they will receive a Petition for
Appointment of Counsel, Advice of Rights, and Consent for Arraignment -Only Attorney. The
arraignment only attorney assigned to the Courtthat day will meet with the defendants in a private
room In the Courthouse designated for the arraignment only attorney. The arraignment only attorney
will review the Consent form with the defendant and will interview the defendant. When all of the
non -custody defendants have been interviewed, the arraignment only attorney will appear in the
courtroom with the defendants for their arraignments. All of the 52nd District Court Courthouses have
sufficient rooms available for attorney interviews of non-custodial defendants, except for the
Clarkston Courthouse. All rooms will be appropriately marked and equipped. The County has
previously described the situation in the Clarkston Courthouse (see supra at pages 16 and 18) where
the MIDC has determined the Clarkston Courthouse is in compliance with MIDC Standards to the
extent reasonably possible. See also Exhibit S which sets forth the renovations and cost necessary
absent the waiver.
In -custody defendants who are transported to the District Courts by local police departments or the
Sheriffs Office will be given the above paperwork to complete in the holding cell and will be
Interviewed by the arraignment only attorney in confidential secure space in each Courthouse. They
will then be escorted to the courtroom by a Deputy/Police Officer for their arraignment with the
arraignment only attorney at a scheduled time. Please note the situation at the 52-2 District Court
{Clarkston} for interviews between In -custody defendants and an attorney both before arraignment
and before other court proceedings at pages 16 to 18.
Video Arralanments of In -Custody Defendants from the Oakland County Jail and PolloDepartment
Lack -Ups
In discussing video arraignments the County will first provide some basic background and then discuss
video arraignments from the OCJ, describing the video arraignment room and then current video
arraignment procedure forweekday and weekend arraignments. This will be followed by a description
of the pilot runs utilizing arraignment only attorneys and a description of the new proposed video
arraignment room. The County will then discuss the new arraignment procedure at the OCJ utilizing
arraignment only attorneys in the renovated video arraignment room to the OCJ. Finally, the County
will then describe video arraignments from police department lock -ups both for weekdays and
weekends and the proposed new procedures for weekday and weekend video arraignments from
police department lock -ups.
20
Bachground
The MIDC has stated In various documents that the use of technology is encouraged. See for example
A Guide for Submission of Compliance Plans, Summer 2017 at page 10. In this regard Oakland County
utilizes technology. Oakland County owns, manages, operates and funds through its General Fund a
county -wide court video conferencing network for the Oakland County District oun iCiuit Court, 521d
dDistrict
nd for ther
Court and all of the other District Courts in Oakland County land
requisite County operating needs. The system Is operated under the name OakVldeo. The non -52nd
District Courts are not charged for the use of this system at its current level of service.
Inmates in custody In the OU are arraigned via video from the OU by Judges in all of the fourteen
(14) District Court locations throughout Oakland County, not just the 526d District Court. Video
arraignments are also conducted between the 52n4 District Courts and seven police department lock-
ups. A few of the District Courts (43rd -51s1) also utilize the OakVideo network to arraign prisoners to
police department lockups within their respective jurisdictions. OakVEdeo provides additional
functions beyond those required by the indigent defense statutes.
The OCJ Arrai ne—MUMOM
The video arraignment room at the OU was never designed for attorney-ciient meetings or for an
attorney and w
client to appear on camera
eekoThe OUconducted12,200 videoarraignments In 2017.
linadequate
for
such purposes. Video
arraignments occur seven days p
During the first six months of 2017 the lowest number of OCJ video arraignments on was k a1n he
y was
23 and the highest was 95. The average number of video arraignments per weekday
first four months of 2018, 4226 video arraignments were conducted (12,678 annually).
The layout of the current OU video arraignment room is included In the facility renovation section of
the Cost Analysis. See Cost Analysis at page 10, There is a small control room, three small video
arraignment booths, and a small waiting room which seats approximately eight to ten, very tightly.
None of the video arraignment booths are sound proof and one of the booths has no door. The room
Is noisy and space is limited. There is no confidential space in the video arraignment room.
Th urrent 0U Vide rrat meet Pr cedure
Weekd v Video Arraienmez>t at the 0C!
The arraignment process begins with Oakland County Pretrial Services. Pretrial Services has two
employees at the OCI to interview most Inmates arrested for allegedly committing felonies and some
of the Inmates who have been arrested for allegedly committing misdemeanors. Pretrial Services
obtains basic Information for the arraignment process. Under current OCJ arraignment procedure
Inmates will then complete an Advice of nights form and a Petition for Court Appointed Attorney
while In the holding cell/booking area. The paperwork is emalled or faxed to the District Court with
the information gathered by Pretrial Services. Video arraignments begin at approximately 9:00am and
unless overtime is utilized they must be completed by approximately 2:15pm so paperwork can be
completed and the Deputies can depart at the end of their shift at 3:00pm.
Inmates are moved from the booking/holding cell area In groups of approximately ten to the video
arraignment room in accordance with the schedule set with the District Courts. Pontiac (501h District
Court) arraignments are usually set first at 9:00am and accordingly Pontiac inmates are brought down
to the arraignment room first. Since there are presently no attorney interviews, inmates are placed
on camera one by one until the Pontiac arraignments are completed. If there are too many Pontiac
inmates to move In one group to the video arraignment room a second group is escorted to the video
arraignment room as the arraignments are being completed for the first group, At least one Deputy
must be physically with each group that is moved to the video arraignment room. The Deputy must
wait until arraignments are complete and then return the inmates to the holding/booking cell area.
The process is repeated for each of the fourteen (14) courthouses which have arraignments that
morning until the morning arraignments are completed. There is usually a lunch break and then the
afternoon video arraignments start at approximately 100pm.
If this process is interrupted because the holding cell/booking area is placed In lockdown, which Is not
an unusual occurrence, as a result of Incidents In the holding cell and booking area (such as unruly
prisoners, fights between prisoners, medical emergencies, inspections, health department issues, and
other such problems), the entire arraignment schedule must be reset causing substantial delay.
W e end Video rai n s at CJ
The courthouses are closed on the weekends, but arraignments must continue. Therefore, for
weekend arraignments, the 52-3 District Court (Rochester Hills) conducts all of the video
arraignments for the 52nd District Court and the arraignments for most, but not all, of the other
District Courts in Oakland County 9 Pretrial Services Is not scheduled on weekends. During weekends,
after completion of the necessary paperwork by the inmate, Inmates are brought from the booking
holding cell area to the video arraignment room by the police department which arrested and brought
the Inmate to the OCJ. For example, if Bloomfield Township brought the Inmate to OCI that weekend,
a Bloomfield Township police officer must come to the OCJ to move the prisoner from the holding
cell/booking area to the video arraignment room for the arraignment from the 52-3 District Court and
then return the prisoner to the holding cell area. The OCJ video control room will place the Inmate In
front of the video camera and the 52.3 District Court will connect the Judge at that courthouse with
the Inmate in the OCJ video booth for the arraignment. 10
'weekend arralgnmenU are scheduled from 9:001m -1:o ipm on Saturday and Sundry and conducted for the 44- (Royal oak), ASU (oak Park6 491
€9loomftel4), Sty" (Pantfac) *ad 51" (Waterford) Dbtrlct CWFU• She W (Southfteldi, 434 (Ferndale, Hazel Park and Madium Heighu) and 4Y1
(Farmington) Dlstrkt Cants have their awn weekend arraignment Procedures.
0 Hal elayarraignments wig be handled as follows. For holidays tag Ing on a weekend the weekend arralgnment procedure wl9 be followed. For holidays
falling on MondayFrfday, only emergency arolAtIMMU will be conducted es date rminad an a tate by use basis. 22
Renoy i n of the Arrai e t R and Pro osed Ne Vdeo A a nt Ar c s
gnment only attorneys
In this section the County will first discuss the pilot arraignment runs ppearance of thenarraiginment only attorney at
that involved attorney defendant interviews and the app
the arraignment. The County will then discuss the renovations to the video arraignment room
tively
the video arraignments under
the Counry ty
will describeently dthetnewcproposeddarr arraignment process utilizing thetandard 4. renovat d (video
the County
arraignment room.
The go Plot A r i n Runs the current video
gnment only attorneys
arraignment conducted am of the current video arrilot runs using laignment room is provided in the Cost Analysis
arraign
at page 10.
The first pilot run was on Wednesday, August 30, 2017, which the County Administration thought
would be a slow day. There were only 32 arraignments that day (eight less than the average day). We
utilized three experienced attorneys to function as arraignment only attorneys and had one additional
Deputy available to move inmates. The County was able to complete the attorney Interviews and the
arraignments at 2t15pm the normal completion time but with fewer arraignments on average than
the expected normal number. The shortest Interview rlodlcallyl�7he arraignment room was cramped
ht minutes and the longest was 24
minutes (potentially unruly Inmate which happens pe
and hot with defendants and three arraignment attorneys. It was also noisy with video arraignments
occurring as well as defendant/attorney Interviews. There was no privacy for interviews. The process
was inefficient.
The second pilot run was on Tuesday, September 5, 2017, the day after the Labor Day weekend. The
County anticipatedpiorun
was arraignments but had only R46 arraignments that day. The County also had
four experienced defense attorneys present for the arraignments and two additional Deputies. The
arraignments concluded at3:ISpm. onehourlongerthanaurusual endingtime. Arraignments started
out slowly. The 9:00a.m. Pontiac start time was moved to 10:00 a.m. The shortest interview took 6
minutes and the longest 15 minutes. At one point, there were six Inmates in the waiting room with
two attorneys doing group Interviews and Individual interviews. Two other male inmates were
standing and three others had to be moved to the clinic to wait. The temperature In the room was
stifling. The room was noisy and Interfered with arraignments and interviews. The odors were at one
point very unpleasant and included an inmate who defecated in his pants and wiped a small portion
on a door knob of one of the video arraignment booth doors. Another young female defendant
became upset when her second arraignment at a different District Court could not be completed and
she was required to stay in jail another day. While she was not unruly, she was emotionally upset and
crying. In these tight, noisy, hot quarters she was a distraction until she could be moved back to a
holding cell. The process was Inefficient, but still preferable to the only othr alternative
back agf physically
moving the defendants from the OC) via bus to the District Courts and potentially
23
Renovations to Vidgia Arraignment Are
It Is clear that the current video arraignment room in the DO Is unsuitable. See Cost Analysis at page
20 for a diagram of the current video arraignment room; compare to proposed video arraignment
room shown on page 11 of the Cost Analysis.
The County will need attorney meeting rooms, two holding cells (one male, one female), one
additional video booth and camera, some upgrades to video equipment, and additional space in the
video control room, particularly considering the second pilot had only half the number of
arraignments seen at the other post -holiday periods. Further, the arraignment function now
contemplated by Standard 4 will require additional space to ensure that the Standards are met, to
retain defense attorneys who are willing to work under these conditions, and to ensure that the
defendants' rights are respected as outlined under the indigent defense legislation.
The facility renovation section of the Cost Analysis contains a layout of the new video arraignment
room forthe OCi (see Cost Analysis at page 11), where we havethree confidential attorney Interview
rooms" and four video booths including one that meets ADA standards. The revised space includes a
separate holding area for male inmates and female inmates, an expanded video control room, doors
and soundproofing for all video booths, and an ADA compliant video booth, 12
In regard to the renovation of the video arraignment room, the work must be done on the afternoon
shift after video arraignment closes for the day and on weekends after the video arraignments are
done for the day. The County cannot stop video arraignments, because transporting prisoners to the
District Courts from the OG will be extremely costly. Accordingly, renovation costs will be increased
for the special shift work. Further, the renovation work may take longer due to the need to make the
room available for arraignments the next day. See also footnote 1 on page S. See Cost Analysis at
page 1, and pages 8 to 12.
The consequences of failing to renovate the video arraignment room are far reaching. Inmates cannot
be Interviewed and arraigned efficiently and timely in the existing video room and this will cause
delays that will affect the entire system from the video arraignment room to the District Courts. There
will be overtime costs for the Deputies who will be assigned to the video arraignment room every
weekday and the 3 Deputies assigned every Saturday and Sunday (assuming no renovations). Even
two hours of overtime per Deputy twice per week will impact in the County budget considerably.
Further, if renovations are not made the County will need to assign three (3) more Deputies to the
Video arraignment room at a significant cost. With renovations the County believes that only one (1)
more Deputy will be necessary. See Cost Analysis at page 2.
The delays caused by the failure to renovate will also affect arraignment only attorneys who accepted
these assignments on a fiat fee basis and will affect inmates who may be required to remain in the
OCI another day at taxpayers' expense and at considerable inconvenience and difficulty for the
Inmate.
n One of the video booths can be used as an attorney Interview room If necessary.
"The architectural end englneer4% costs for the renovation projects are set forth In the County's compliance Plan Davelopmant Costs,11 not granted
as part of those cotuthan they must be added to the Cauntys Facilities Reaovatton costs which are partortho costAnalors.
24
District Courts also will be impacted by the failure to renovate when they are unable to complete
arraignments on time or are required to reset arraignment schedules. It Is not just a single District
Count that will be affected but the entire morning or afternoon schedule. Further, the District Courts
have their own overtime issues and issues with Magistrates most of whom are part-time employees
who have limited work hours. For example, the Magistrates who work in the 52"d District Courts are
nge
limited to 1000 hours per year, so that they do
ot eligibles for ble for f enefitsi whlchn ills infcrease they xcosts
ceed
the 1000 hour elimination they may become
significantly. The District Courts also have the same defendant and attorney issues noted above.
Furthermore, the Sheriff is concerned about security issues. A video arraignment room that is
overcrowded, noisy, and hot is difficult to secure andr Deputies. may result In incidents between Inmates and
cult
tions
between inmheeSheriff will beeys reluctant allow attorney/inmate niterviews int he currentpoor vduct
ideo
Accordingly,
arraignment room.
New Pr 05ed We kd Video Arran nme t P oe s- OCI
As part of he proposed new arraignment process the County anticipates starting video arraignments
one half hour earlier at 830am for the 501h District Court (Pontlac)"nd will have employees from
Services at the OG at 7t00am or earlier to start the arraignment process. While Inmates are
Pretrialan Advice
In the booking/holding cell a raabe given Attorney and will belignstructedlh
to complete these
will
iOe forms.
Attorney, and Consentfor
When Inmates are brought to the video arraignment room they will be placed in one of he holding
cells adjacent to the video arraignment room (one for males and one for females). They will be called
out to move to one of the three confidential attorney offices where they will meet with an
arraignment only attorney who will review with them the Consent for Arraignment Only Arraignment only attorney and � oarnepredy. If
thy sign the farm, they will then be interviewed by farms via facsimile or scanned via email to
their arraignment. OU Deputies will send the completed
the District Court. once inmates have been Interviewed they will then wait In one of the two holding
nterviews for that
strict Court have been completed.
cell to oarraigned
ss will beby video after all inmate repeated for all District (Courts that have arrrlaignments that morning and then
This process will P
repeated again for afternoon arraignments.
The importance of the renovations to the video arraignment room cannot be overemphasized.
l not function properly costing
Without these
hkland County significant
er c sts a d will result ovations the system nidef defendants being denied a timely aand proper arraignment.
overtime a
See Introduction to Compliance Plan.
rts cannot
ss Some District Courts leg. the 5re District CnurtS uttlire part-time Mallstrateswho am not ellglblo for Trinhgae�me Tri a 6ene5t aliglhis winch wil
one more he Ms crates will Magistrate to awld a Magistrate becoming S
I. full-time hsna03f• �e
tori arraignments utglsing Magistrates earlier or the Magistrates will eased the allocated hours and may
affect court budgets, we am adding fu 25
penonncl section of the Cast Arhalysls.
Furthermore, the County is not requesting a new jail or substantial remodeling of the OCI. The
County's video room renovation request is aimed solely at the oCl video arraignment room and no
more. it is also directly related to Standard 4, Counsel at First Appearance. Absent Standards 2 and 4,
no renovations would be undertaken by the County.
New-Progosed Weekend Video Arral gnment o s- O
Weekend arraignments will follow the same basic procedure as weekday arraignments including
scheduling Pretrial Services on weekends. Male and female inmates will complete paperwork as
previously described and will then be moved to one or the holding cells. When attorney/defendant
Interviews are complete, the 52-3 District Court will connect with the OCI video arraignment room
for the arraignments. With the introduction of attorneys in the OC) for weekend arraignments, the
OCJ cannot have outside police officers in the OC) escorting and waiting for Inmates as there are too
many bodies to control In too small a space and it would create confusion and �si A2z ecurity issues.
The County will need additional Deputles to escort the inmates from the holding cells to the
arraignment area, wait for them to be interviewed and arraigned and then return them to the holding
cell area.
The arraignment only attorney at the OCI will also be required to assist with arraignments from police
department lockups by Interviewing via video (from one of the OCl video booths) those defendants
In police department lock -ups within the Jurisdiction of the 52nd District Court because there is no one
else that can do these interviews (the courthouses are closed and the County cannot send an attorney
to the police lock -ups). After completion of interviews, the arraignments will occur with the attorney
by video from the OCI, the defendant by video from the police lock-up and the Judge in the 52-3
District Court.
Video Arraignments from Police Depasngnt Lack
Saco d
The following police departments conduct arraignments from their lock -ups with their respective 52nd
District Court;
• 52-1 DC (Novi) for Novi, Milford, and Wixom
• 52-2 DC (Clarkston) for White Lake Township and Holly
52-3 DC (Rochester Hills) for the Rochester City lock-up and for the weekend arraignments
from all of the above police department lock -ups as well as from the Troy Police
Department
• 524 DC (Troy) weekend arraignments only through 52-3 District Court
26
Commented WWII.As submitted by oakland County.
Current Weekday and Weekend Video Arraignment Procedure -Police Department
Lock -ups
Currently weekda arraignments from police department lock -ups are managed by the District Court.
The District Court schedules these arraignments with the police department lock -ups after the inmate
paperwork has been received from the police departments. The District Court connects the Judge at
the District Courthouse with the defendant in the lock-up.
For weekend arraignments, after the paperwork is completed and transmitted to the 52-3 District
Court (Rochester Hills), the 52-3 District Court (Rochester Hills), which, as previously noted, conducts
al I weekend arraignments for the 52"d District Court and many, but not all of the other County District
Courts, schedules a time for the arraignment with the police department.
Proposed Renovations to Police Department Lock -ups
Four of the seven police department lock -ups will only need minimal work. They are: Troy, Wixom,
Milford, and the City of Rochester which will require a white noise system, a kill switch for the audio
recording, some acoustical panels, and furniture for the City of Rochester only. See facilities
renovation section of Cost Analysis at pages 26 and 27. The remaining police department lock -ups
need the following renovation work to upgrade their facilities, equipment and to provide
confidentiality:
Novi Police Lock-up
The Novi Police Department lock-up will require installation of a video wall cabinet, a remote feed of
the defendant for security purposes, sound proofing, a white noise system, and a kill switch to stop
any audio recording. See facilities renovation section of Cost Analysis (Police Department lock-up
subsection) pages 1, 26 to 27.
White Lake Township Police Lock-up
The White take Township Police Department police lock-up will need installation of a video wall
cabinet, sound proofing, a white noise system, and a kill switch to stop any audio recording. See
facilities renovation section of Cost Analysis (Police Department lock-up subsection) pages 1, 26 to
27.
Holly Police Department Lock-up
The Holly Police Department lock-up cannot be renovated. There Is no space available. The video
camera Is next to the booking area, breathalyzer and detective area. Police Officers are in the area.
The County will either utilize a modified attorney interview process where no interview questions are
asked about the alleged acts committed by the defendant or the County may discontinue
arraignments from the Holly Police Department lock-up.
27
PPrrgoosed Weekday Video Arraignments- police _geoartment-Lock
-cps
After completion of the renovation work the defendant(s) In a police department lock-up will be given
the necessary paperwork by the police department and once It is completed it will be faxed or emailed
to the applicable 52nd District Court where a court clerk will provide it to the Judge and to the
arraignment only attorney. The arraignment only attorney assigned to that District Courthouse
location will then go Into a separate arraignment attorney Interview room with video equipment and
the District Court will place the attorney on camera with the defendant at the local police department
lock-up. Video cameras are already In place at the police department lock -ups (two need upgrades or
additional cameras) and four of them have confidential video arraignment booths that require only
minimal upgrades. The County will purchase the video equipment for the four 52nd Courthouse
attorney rooms. See Cost Analysis at page 4. The arraignment only attorney will then complete all
Inmate video interviews at that police department lock-up.
Once interviews of all Inmates from a police lock-up are complete for that District Court a time for the
arraignments will be established. The attorney at the courthouse will proceed to the courtroom at
the District Court that will hold the video arraignments and the District Court will then connect the
courtroom (with the Judge and attorney) and the defendant at the police department lock-up for the
arraignment. If the attorney cannot be on the same camera as the Judge/Magistrate, then three (3)
screens will be utilized.
Proposed Wailkend Arraignments- Police DepartmentLock-u s
Weekend arraignments from police lock -ups are more complicated because the courthouse) is are
closed. The arraignment only attorney In the OCI Is the only option to handle the inmate interviews
and the arraignments from the police department lock -ups. Accordingly, the arraignment only
attorney in the OCJ will, after receipt of the paperwork from the police department, Interview the
defendants in the various police department lock -ups by video from one of the OCJ video booths.
After completion of the video Interviews, the attorney in the OCJ and the Judge/Magistrate In the 52-
3 District Court will connect by video with the defendant In the police department lock-up for the
arraignment. Arraignments from police department lock -ups particularly on weekends will be a time
consuming process.
There are no real alternatives to video interviews by the arraignment only attorneys. The County
cannot send an attorney to each police department lock-up unless substantial costs are incurred,
increased Labor Costs for Police Department Arraignment5
There will also be additional police officers time necessary for four of the police departments to
accommodate the interview between the arraignment only attorney and the defendants in the police
department lock -ups. Bringing each defendant to the video room for the interview (Monday -Sunday)
and returning them to the cell. The additional cost per year far the police departments Is:
Novi $34,845
28
Milford
$6035
Wixom
$4809
Troy
$50,809
For cost detail see Cost Analysls at page 5 and see written analysis from each police department
attached hereto at Exhibit 7.
Issues rgnfrontine the 524d District Court as a Resull of Standard 4
It is Important to pause to review the complicated arraignment processes that will be created daily in
the 52nd District Courts as a result of Standard 4, particularly the morning arraignments. The 52-1
District Court (Novi) will be used as an example. The 52-1 District Court will have arraignments from
the OC). This requires that the Inmates to be arraigned by the Novi District Court be moved to the
OCI video arraignment room, interviewed by the OU arraignment only attorney and a time set for
the arraignment with the District Court Judge or Magistrate. At the time scheduled for the
arraignment, the defendant must be moved from the holding cell In the arraignment area (see
diagram of renovation of arraignment room) to the video booth with the arraignment only attorney
for the arraignment.
That same morning, arraignments from the police department lock -ups will occur, where the
arraignment only attorney at the Novi Courthouse must Interview defendants in police lock -ups (for
the 52-1 District Court this Is Novi, Milford, and Wixom). After the interview a defendant will most
likely be moved back to the call. When the attorney In the courthouse has completed all defendant
Interviews the arraignments must be scheduled with the defendants In the lock -ups and the attorney
and Judge in the courtroom. At the time set for the arraignment the arraignment only attorney must
proceed to the courtroom, the defendant must be moved back to the police department video booth
and then the defendant, the Judge and the arraignment only attorney must be video connected for
the arraignment.
Simultaneously, there are arraignments of non -custody and in -custody defendants who appear In
person at the Novi District Court. Some of these Individuals will need to be Interviewed by Pretrial
Services and then interviewed by the same arraignment only attorney in the courthouse (who will
also Interview the prisoners in the police lock -ups) and once these interviews are completed, the
arraignments must be scheduled with the Judge, There may also be walk-in arraignments.
Thus, there will be six separate steps/events occurring almost every morning;
1. Defendant Interviews by arraignment only attorneys (and in some cases Pretrial Services) at
the OCJ;
2, Defendant/attorney/Judge video arraignments between the OCJ and the courthouse;
3. Defendant -attorney interviews by video from police lock -ups;
29
4. Defendant/attorney/Judge arraignments between the police lack -up and the courthouse
(including moving the defendant back to the video booth if the arraignment does not occur
immediately after the attorney interview);
5. In person defendant -attorney interviews in the courthouse of in -custody and non -custody
defendants; and finally
6. Defendant/attorney/Judge arraignments in the courthouse of In -custody and non -custody
s and the
ional
defendants. Addpolice or Sheriff's Office, who must In -custody
mu t be Interviewed ewed by Pretrial Services, the
courthouse by p
arraignment only attorney and then arraigned before the court
if one step/event in any of the arraignment processes is delayed or rescheduled, which can easily
happen, all of the arraignments will need to be reset. In short, the County has moved from three
arraignments/events (defendant In the court, defendant in the OG, and defendant in the police lock -
ng
up) involving one step/event each to three arraignments/events for disruption, �idela s,separate loek-downsp and any
each. This is significant and increases opportunities
number of other events.
ore
and
Further, these six separate
onsume
as well as nowaddiconal paperwoorkyFurther, District Coudrtsgimay ttime,
not beab e
more court personnel t
to meet SCAO disposition guidelines.
Finally, the County has been advised by criminal defense attorneys that they will not advise their
clients to plead guilty to a charge at arraignment because they will not have the discovery necessary
clients which could raise legal malpractice Issues. As a result of having far
to properly advise their csthere will be an increased number of pretrlals with the concomitant
fewer guilty pleas at arraignment
ent defense attorney time and
Increase in papa bercodlfied lrk (court lnrf ture), scheulloperating grantl�epuests given the inab 1 ty to assess the
all of which w I
magnitude of this issue currently.
ddltional 0 P rs nnel and Arrai n n Onl Atta s e ed a OG
Assuming the State provides the funding and the County 1s authorized to complete the novat` ns
to the video arraignment room and attorneys are willing to work under these trying sit
County will need the following arraignment only attorneys available at the OG:
OCl Arrain 0 I Attorne s
o Four attorneys on Mondays and the day after a holiday
o Three attorneys Tuesday through Friday
o Three attorneys on Saturday and two attorneys on Sunday
See contractual section of Cost Analysis at page 3.
30
Corrections Deguty 1
One more Corrections Deputy l if renovations1° are made (assist in prisoner movement,
guard prisoners). This would provide weekday and weekend coverage. See Cost Analysis
at page 2.
Three more Corrections Deputy I if no renovations are made (to assist in prisoner
movement, guard prisoners, move prisoners to confidential space outside the video
arraignment room). However, since the Regional Representative is recommending that the
requested renovations should be made this alternative cost has not been placed in our
Cost Analysis. The County reserves the right to seek these costs if the renovations are not
ultimately approved. Accordingly, failure to make the renovation would result in two more
permanent Corrections Deputy I positions at a total annual cost of $206,572.
Corrections
Overtime needed during the six month OCi video arraignment room renovations. See Cost
Analysis at page 2.
Corrections Depu 1
Overtime needed for expected delays in the arraignment process. See Cost Analysis at
page 2.
�vyo Community Corrections SQecialiII (Pretrial Services
Community Corrections will need two additional staff members regardless of renovations
(for early weekday start time and weekend coverage). Pretrial Services has staff physically
assigned in eleven of the fourteen Oakland County District Courts. The remaining three
courts receive ball reports from Community Corrections, but are not able to accommodate
having Oakland County staff on site. There are three staff assigned to the OG. Staff
interview individuals who are in custody at police stations, local lock -ups or being held at
the OCI. Staff also runs LEIN, information, contact references and score the Praxis pretrial
risk assessment tool. All this information is compiled into a written report and presented
to the court by staff at the individual's arraignment. Pretrial services currently operates
Monday through Friday.
In order to expand to weekends and to start staff weekdays at 7:OOam or earlier, an
additional two (2) FTE Community Corrections staff are needed. This is necessary not only
to cover the additional 1,000 reports expected to be completed over a year but also to
properly staff the office. individuals arraigned on the weekends should have the same
services as those arraigned during the week. Existing staff are already at capacity and
cannot absorb the additional workload.
See personnel section of Cost Analysis at page 2.
uihts auumes adequate ratinwllons aadDSC41 deuiier. 31
Additional Circuit Court Personnel's
The County will need the following additional Circuit Court personnel;
Chief Attorney MIDC
The person in this position will provide overall management for the County Indigent
defense system. At some point in the future the County will need to hire an attorney to
manage and provide overall supervision for the County's indigent defense system. See
Cost Analysis at page 2. When Standard 5 Is implemented this position will be moved from
a Circuit Court position to a County administrative position.
one Circuit Caurt MIDC/Adminlstratye Sutservlsor
Under general supervision, plans, assigns, directs, reviews and coordinates the work of
lower level clerical employees assigned to the indigent Defense Division. Supervises the
receiving, reviewing, processing, filing, and maintenance of division documents, reports,
records, and daily transactions. Oversees state mandates and judicial timelines associated
with appointments of attorneys for Indigent parties for cases in the Circuit and District
Courts. Processes requests or orders for appointments by selecting from an appropriate
group of qualified attorneys for case type, giving special consideration to prior
appointment history, specific language or similar skilled required, availability within the
time constraints, and other relevant factors. Oversees the review and processing of
vouchers authorizing payment for indigent defense services for the Circuit and District
Courts. Performs liaison duties between lower level clerical employees and indigent
defense administrative personnel. Utilizes current countywide and/or department specific
software to complete assignments. When Standard 5 is implemented this position will
most likely be moved from a Circuit Court position to a County administrative position. See
Cost Analysis at page 2.
One Arcowit C rCourt)
o An Account Clerk 11 is needed to due to the workload associated with processing Court
Appointed Attorney Vouchers.
o All vouchers are processed and paid according to the appropriate fee schedule. To
process each voucher, the Account Clerk II verifies everything the attorney lists on the
voucher. The Account Clerk It Is responsible for ensuring that the voucher Is billed
correctly and for the appropriate amounts. All information is verified through a Circuit
Court or District Court database.
o Once everything on the attorney voucher has been verified, the fee schedule Is applied
to determine the appropriate payment. The Account Clerk II puts the amount to be
paid on the voucher, stamps or signs the judges name, Initials the voucher, dates it and
stamps It with the appropriate account string. Each different case type has a different
account string. The Account Clerk II then posts the voucher_information and payment
u Anothar Circuit CoattAewrds ipaclallst and monagnnengpmfesrlonal steff parson will be rserasseryIttho CovntyaCLE proposal B not approvad as
written. 32
amount In an access database. The database is used for reporting purposes. The
voucher is then copied and sent to fiscal Services, Reimbursement and the Clerk's
Office. Fiscal Services then takes care of entering the payment Information Into
PeopleSoft. When Standard 5 is implemented this position will most likely be moved
from a Circuit Court position to a County administrative position.
See Cost Analysis at page 2.
kland CountV Fiscal rvicel Division er nn I Nee e
• One Ac aunt Clerk 11 for Fiscal Services Divisign of Cmty Administration
The majority of the duties require the work of an Account Clerk 11. In addition, there would
be additional current staff including Accountants, Financial Analysts, and Supervisors to
provide assistance and oversight. Existing staff are already at capacity and cannot absorb
all of the anticipated workload. Below are some general duties that would be needed for
MIDC Standards 1-4.
Develop and maintain a system to gather and track all arraignment activity for billing the
non -52 DCs courts
o Gather arraignment information daily or weekly by unique/identifiableinformation
for billing purposes.
o Maintain billing database and/or use Projects module In Financials system for
detailed billing purposes.
o Billing non -52nd courts on a monthly basis providing detailed Info for non -521
District Court to verify billings,
o Handle all billing Inquiries and collection efforts.
a Estimated 12,000 plus arraignment billings per year to 10 non -52n0 District Courts.
Payment processing for additional defense attorney payments
o Increased volume with the additional arraignment only attorneys as well as initial
interview attorneys (about $2M In additional expenditures per year based an the
cost analysis ($635K+$1.OM+$398K)).
o Processing payments in financial system for other contracted services, (anticipated
Increase In expert and investigator expenditures, and anticipate overall increase in
defense counsel use).
MIDC grant reporting requirements
o Assist with all MIDC grant fund accounting tasks.
o MIDC financial reporting.
a organizing and filing of documents/reports.
o Obtaining required signatures.
o Follow up to questions/issues as needed.
33
See Cost Analysis page 2.
Additional District Court Personnel and DistrIct Court 1 nment only Attorneys
• Four District Court Clerks IIs (one for each Courthouse) to handle increased paperwork,
scheduling, pretrials, and other matters.
The County initially requested two additional Court Clerks per District Court In Its first
and second Compliance Plans. After meeting with the County's MIDC Representative,
the County will defer Its request for the second clerk per District Court until the County
addresses the implementation of Standard S.
Four additional FTE District Court Clerk II positions, one for each division of the 52nd
District Courts (Nov], Clarkston, Rochester Hills, Troy), are being requested due to the
workload demand associated with the compliance with the MIDC Act, The existing
staff at each of the 52nd District Courts are already at capacity and cannot absorb all of
the anticipated workload associated with processing, scheduling, pretrials and other
related matters. Further, after implementation of Standard 5, these Clerk(s) positions
will most likely be moved from a District Court position(s) to a County administrative
posltionis).
Below are some general duties that the District Court Clerk's II would perform.
Felony and Misdemeanor Arraignment only — not in custody or In custody at
the court.
Determine if an arraignment only attorney is needed.
Completes all case information and verify that the following forms were
completed and signed: Arraignment Attorney Only Consent, Indigent
Request for Attorney, and the DC213 Advice of Rights.
After the paperwork and files are complete, all information must be
entered into AS using the appropriate chronological AS code.
o Felony and Misdemeanor Arraignment only— in custody defendants arraigned
by OakVideo from the OG or police lock-up
The police department or OC1 will be responsible for having the defendant
fill out all of the necessary forms and scanning them over to the appropriate
court.
Complete all case Information and verify that the following forms were
completed and signed; Arraignment Attorney Only Consent, Indigent
Request for Attorney, and the DC213 Advice of Rights.
34
After the paperwork and flies are complete, all Information must be
entered into JIS using the appropriate chronological JIS code.
Felony cases post arraignment
Completes all case information and verity that the following forms were
completed and signed; Arraignment Attorney only Consent, Indigent
Request for Attorney, and the DC213 Advice of Rights.
After verifying information and forms, they will fax the request to the
Circuit Court Administration.
After the paperwork and files are complete, all information must be
entered Into JIS using the appropriate chronological AS code.
Misdemeanor cases post arraignment
- Verifies that the defendant still desires a Court Appointed Attorney and
Insures all forms are complete and signed from the arraignment process.
- The file is given to the clerk who is responsible for assigning the Court
Appointed Attorney, which must be done within 24 hours. They contact
the next available Court Appointed Attorney via phone, advise the attorney
a case has been assigned and send them an e-mail, which includes the MC
222 and the Initial Client Intake Interview Form. They will receive an e-mail
from the Court Appointed Attorney once contact has been made and the
Initial Client intake interview form has been completed,
- After the paperwork and files are complete, all information must be
entered into JIS using the appropriate chronological AS code. The case will
be placed on a tickler system to follow up on compliance. It will be removed
from the tickler system once the form is received back from the attorney.
See Cost Analysis at page 2.
District Court Clerk We kend Overtime
Eight overtime hours per week, divided amongst two District Court Clerk 11 positions,
are also requested due to the workload demand associated with weekend
arraignments at the Rochester Hills Court. A total of 41.6 overtime hours (8 hours per
weekend). With the additional time necessary for weekend arraignments due to
attorney Interviews, both In the OCJ and between the attorney In the OCJ and the
defendants In police department lock -ups and with the three screen arraignments
between the Court In Rochester Hills, the attorney in the OCi and the defendant In the
police lock-up, the Rochester oistrict Court will have longer hours and more work. See
Cost Analysis at page 2.
35
District Court Arralonment Only Attorneys
Two (2) arraignment only attorneys every weekday for the 52-1 (Novi) and three (3)
arraignment only attorneys for the 52-3 (Rochester Hills) District Courts. One
arraignment only attorney each weekday for the
52-2 District Court (Clarkston) and the 52-4 District Court (Troy). See Cost Analysis at
page 1 and page 3.
36