HomeMy WebLinkAboutResolutions - 2019.04.18 - 31293MISCELLANEOUS RESOLUTION:#19088 April 18, 2019
BY: Commissioner Helaine Zack, Chairperson, Finance Committee
IN RE: CORPORATION COUNSEL — INTERLOCAL AGREEMENT FOR MANDATED MICHIGAN
INDIGENT DEFENSE COMMISSION STANDARD 1 — CONTINUING LEGAL EDUCATION
REQUIREMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen;
WHEREAS the State of Michigan has encouraged governmental entities to share services with each
other for efficiency and cost savings; and
WHEREAS the Michigan Indigent Defense Commission Act (MIDC Act), MCL 780.981 et a[, requires local
funding units (counties, cities, villages and townships) to take over the delivery of indigent defense
systems and comply with MIDC established minimum standards; and
WHEREAS the MIDC Act requires local funding units to create a compliance plan and the cost analysis
required to deliver indigent defense services in compliance with the first four approved MIDC standards;
and
WHEREAS MIDC Standard 1 — Education and Training, requires local funding units to fund, establish,
implement, and monitor basic and continuing legal education (CLE) requirements for attorneys who
represent indigent defendants; and
WHEREAS the County is the local funding unit for the 6th Circuit Court and the four election division
districts of the 52nd District Court; and
WHEREAS within the County there are also fifteen local funding units for the 43rd through 515' District
Courts that are required to comply with the CLE mandates contained in MIDC Standard 1; and
WHEREAS to effectively and efficiently comply with the MIDC Standard 1, the County and the other local
funding units have identified a collaboration with an agency to provide the mandated continuing legal
education programming for attorneys who represent indigent defendants within the County; and
WHEREAS the Interlocal Agreement provides that the County will apply for grants from the MIDC, receive
all MIDC CLE grant funding and will act as the grant administrator for all local funding units within the
County for the purposes of complying with MIDC Standard 1; and
WHEREAS the Interlocal Agreement provides that the County will contract with a single provider, the
Oakland County Bar Association, to provide continuing legal education programming and compliance
monitoring for all attorneys who represent indigent defendants within the County for compliance with
MIDC Standard 1; and
WHEREAS the County may terminate or cancel the Interlocal Agreement, in whole or in part, immediately
upon notice to local funding units if the third -party funding for Standard 1 from the MIDC is reduced or
eliminated,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and
approves the attached Interlocal Agreement with local funding units.
BE IT FURTHER RESOLVED that upon receipt of final, executed agreements from the local funding
units, the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into
these Agreements on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that no budget amendment is required at this time.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
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Commissioner H nine Zack, District #18
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Long absent.
INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
[CITY, VILLAGE, TOWNSHIP]
REGARDING GRANT .APPLICATION SERVICES
FOR MIDC CONTINUING LEGAL EDUCATION REQUIREMENTS
This Agreement ("Agreement") is made between the County of Oakland, ("County"), a Michigan
Constitutional and Municipal Corporation, whose address is 1200 North Telegraph, Pontiac,
Michigan 48341 and the [City, Village or Township] ("Funding Unit") whose address is [Legal
Address of City, Village or Township]. In this Agreement, the County and Funding Unit may also
be referred to jointly as the "Parties."
PURPOSE OF AGREEMENT, The County and Funding Unit enter into this Agreement
pursuant to Michigan law to comply with the Michigan Indigent Defense Commission Act of 2013,
2013 Public Act 93, MCL 780.981 et sect. regarding continuing legal education for court appointed
criminal defense attorneys.
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement, the Parties agree to the following:
DEFINITIONS. In addition to any other defined terms in this Agreement (e.g.,
"Agreement," "County," ..Funding Unit," "Party," or "Parties," etc.), the following words and
expressions used throughout this Agreement, whether used in the singular or plural, shall be
defined, and interpreted as follows:
1.1. Claims mean any alleged losses, claims, complaints, demands for relief or damages,
lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties,
litigation, costs, and expenses, including, but not limited to, reimbursement for
reasonable attorney fees, witness fees, court costs, investigation expenses, litigation
expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind
which are incurred by or asserted against County or Funding Unit, or for which County
or Funding Unit may become legally and/or contractually obligated to pay or defend
against, whether direct, indirect or consequential, whether based upon any alleged
violation of the federal or the state constitution, any federal or state statute, rule,
regulation, or any alleged violation of federal or state common law, whether any such
claims are brought in law or equity, tort, contract, or otherwise, and/or whether
commenced or threatened.
1.2. CLE means continuing legal education.
1.3. CLE Program means the Continuing Legal Education Program provided by the
Oakland County Bar Association ("OCBA") pursuant to a contract between the County
and OCBA and is more fully described in Exhibit 1 of this Agreement.
1.4. County means Oakland County, a municipal and constitutional corporation, including,
but not limited to, its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any
such persons' successors.
1.5. County Agent means without limitation, any employees, officers, managers, trustees,
volunteers, attorneys, and representatives of the County, including any person who was
a County Employee at any time during the term of this Agreement but, for any reason,
is no longer employed, appointed, or elected in that capacity.
1.6. Day �� means calendar day, which shall always begin at 12:00:00 a.m. and end at 11:59:59
p.m.
1.7. Exhibits mean the following documents, which this Agreement includes and
incorporates:
1.7.1. Exhibit I: Scope of CLE Program
1.8. Funding Unit means the jCity, Village or Township ofJ which is an entity created by
state or local authority or which is primarily funded by or through state or local
authority, including, but not limited to, its council, its Board, its departments, its
division, elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, subcontractors, attorneys,
volunteers, and/or any such persons' successors. For the purposes of this Agreement,
Funding Unit includes any Michigan court when acting in concert with its Funding Unit
to obtain indigent defense counsel services through the County.
1.9. Funding Unit Employee means any employees, officers, directors, members,
managers, trustees, volunteers, attorneys, and representatives of Funding Unit,
licensees, concessionaires, contractors, subcontractors, independent contractors,
agents, and/or any such persons' successors or predecessors (whether such persons act
or acted in their personal, representative or official capacities), and/or any persons
acting by, through, under, or in concert with any of the above who have responsibility
for the delivery of indigent defense services under this Agreement. "Funding Unit
Employee" shall also include any person who was a Funding Unit Employee at any
time during the term of this Agreement but, for any reason, is no longer employed,
appointed, or elected in that capacity.
1.10. Michigan_ Indigent Defense Commission (MIDO means the public body created by
the Michigan Defense Commission Act, MCL 780.981 et seq.
1.11. Michi an Indi ent Defense Commission Act MIDCA means 2013 Public Act 93,
MCL 780.981 et seq., as amended.
1.12. Points of Contact mean the individuals designated by the Funding Unit and the County
to act as primary contacts for communication and other purposes as described herein.
2. EFFECTIVE DATE AND DURATION OF THE AGREEMENT.
2.1. Effective Date. This Agreement and any amendments to this Agreement shall be
effective when executed by both Parties with resolutions passed by the governing
bodies of each Party. All amendments to this Agreement shall be in writing. The
approval of this Agreement and any amendments shall be entered in the official minutes
of the governing bodies of each Party. An executed copy of this Agreement and any
amendments shall be filed by the County Cleric with the Secretary of State.
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2,2, Agreement Duration. This Agreement shall remain in effect until December 31,
2020 or until cancelled or terminated pursuant to section 8.1.
COUNTY SERVICES FOR THE FUNDING UNIT. Subject to the terms and conditions
in this Agreement, and except as otherwise provided by law, the County shall provide the
below services for the Funding Unit and is not obligated or required to provide any additional
services. Additional services may be contracted by mutual agreement between the Parties.
3.1. County shall apply to the MIDC on behalf of Funding Unit and act as grant
administrator for a grant to cover the entire cost of the CLE Program for the Funding
Unit to meet the requirements in MIDC Standard One.
3.2. County shall provide grant funds received from the MIDC directly to the OCBA
pursuant to Exhibit 1.
3.3. The County shall designate a primary point of contact to the Funding Unit, who shall
have the following responsibilities: (1) direct communication and interaction with the
Funding Unit regarding the subject matter of this Agreement and (2) other
responsibilities as set forth in this Agreement.
4, FUNDING UNIT OBLIGATIONS,
4.1. The Funding Unit shall comply with all requirements and obligations of any grant
awarded by the MIDC for the CLE Program, including, but not limited to, all reporting
obligations required by the County and the MIDC. The Funding Unit shall cooperate
with and provide all necessary assistance, documentation, and information to County
regarding applying for and complying with MIDC grant(s) for the CLE Program.
4.2. The Funding Unit shall not apply to the MIDC for any training grants or continuing
legal education finds for their individual court appointed attorneys in their MIDC
compliance plans.
4.3. Except for the County services expressly set forth in this Agreement, the Funding Unit
is responsible for complying with all requirements and obligations of the MIDCA.
4.4, The Funding Unit shall designate a primary point of contact to the County, who shall
have the following responsibilities: (1) direct communication and interaction with the
County regarding the subject matter of this Agreement and (2) other responsibilities as
set forth in this Agreement,
CLE PROGRAM PARTICIPATION
5,1. If the MIDC awards full grant funding for the CLE Program and the CLE Program is
offered and available, the Funding Unit may participate in the CLE Program to have
the OCBA perform the Funding Unit's continuing legal education requirements that
are required by MIDC Standard One for Funding Unit's criminal defense attorneys that
provide indigent criminal defense services.
6. ASSURANCES/LIMITATIONS
6.1. Responsibility for Claims. Each Party shall be responsible for any Claims made
against that Party by a third party, and for the acts of its employees arising under or
related to this Agreement.
6.2. Res onsibili for Attorney Fees and Costs. Except as provided for in Section 6.4,
each Party shall seek its own legal representation and bear the costs associated with
such representation, including judgments and attorney fees, for any Claim that may
arise from the performance of this Agreement.
6,3, No Indemnification. Except as otherwise provided for in this Agreement, neither
Party shall have any right under this Agreement or under any other legal principle to
be indemnified or reimbursed by the other Party or any of its agents in connection
with any Claim,
6.4. Costs Fines and Fees for Noncom liance. The Funding Unit shall be solely
responsible for all costs, fines and fees associated with noncompliance with this
Agreement by it and its Funding Unit Employees,
6.5. Reservation of Rights. This Agreement does not, and is not intended to, impair,
divest, delegate or contravene any constitutional, statutory, and/or other legal right,
privilege, power, obligation, duty, or immunity of the Parties. Nothing in this
Agreement shall be construed as a waiver of governmental immunity for either Party.
6.6. _Authorization and Completion of Agreement. The Parties have taken all actions
and secured all approvals necessary to authorize and complete this Agreement. The
persons signing this Agreement on behalf of each Party have legal authority to sign
this Agreement and bind the Parties to the terms and conditions contained herein.
6,7, Com limee with Laws. Each Party shall comply with all federal, state, and local
ordinances, regulations, administrative rules and requirements applicable to its
activities performed under this Agreement, including but not limited to laws relating
to nondiscrimination and conflicts of interests.
6.8. Limitation. of Liabili . In no event shall either Party be liable to the other Party or
any other person, for any consequential, incidental, direct, indirect, special, and
punitive or other damages arising out of this Agreement.
6,9, Services "As Is"/Disclaimer of Warran . THE SERVICES PROVIDED
THROUGH THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. COUNTY EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND THAT TIIE SERVICES WILL
MEET THE NEEDS OR REQUIREMENTS OF THE FUNDING UNIT.
6.10. No Warranty for Services. County makes no warranty that services provided under
this Agreement will be uninterrupted, secure, error -free, or available at all times.
6.11. Contingency of CLE Program. The CLE Program is contingent on full grant funding
for the cost of the CLE Program being awarded by the MIDC. The CLF. Program may
not be offered or available if full grant funding for the cost of the CLE Program is not
awarded by the MIDC. The County shall not be responsible or liable to the Funding
Unit, or any other person, if the CLE Program is not offered or available.
6.12. Liability for Grant Funding. The County shall not be responsible or liable to the
Funding Unit, or any other person, if any of the grant funds that the County applies for
are not awarded, are disallowed, are ineligible, or are required to be refunded or
returned tothe MIDC, for any reason. Any ineligible grant obligations or disallowed
costs incurred by the Funding Unit shall be the sole responsibility of the Funding Unit,
The County has no obligation to pay for the CLE Program for Funding Unit.
6.13. Liability for Obligations under MIDCA. The County shall not be responsible or
liable for the Funding Unit's obligations under the MIDCA, or for the education,
training, or qualifications mandated by the MIDC of the Funding Unit's indigent
defense attorneys.
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6.14, Liability for CLE Program. The County shall not be responsible or liable to the
Funding Unit, or any other person, for the CLF_ Program or the OCBA, including, but
not limited to, any errors, omissions, inaccuracies, misrepresentations, or deficiencies
with the CLE Program or by the OCBA.
7. DISPUTE RESOLUTION.
7.1. All disputes relating to the execution, interpretation, performance, or nonperforlxrance
of this Agreement involving or affecting the Parties may first be submitted to County's
Deputy County Executive and Funding Unit's Point of Contact for possible resolution,
County's Deputy County Executive and Funding Unit's Point of Contact may promptly
meet and confer in an effort to resolve such dispute.
7.2. If they cannot resolve the dispute in five (5) business days, the dispute may be submitted
to the signatories of this Agreement or their successors in office. The signatories of
this Agreement may meet promptly and confer in an effort to resolve such dispute.
8, TERMINATION OR CANCELLATION OF AGREEMENT.
8.1. County Termination. The County may terminate or cancel this Agreement, in whole
or in pant, immediately, upon notice to Funding Unit, if third -party funding from the
MIDC is reduced or terminated, or if the OCBA terminates its contract with County
under the terms of the contract between the OCBA and County.
9. DELEGATION OR ASSIGNMENT, Neither Party shall delegate or assign any obligations
or rights under this Agreement without the prior written consent of the other Party.
10. NO EMPLOYEE -EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee -employer relationship between County and Funding Unit
or between the Funding Unit Employees and the County Employees.
11. NO THIRD -PARTY BENEFICIARIES. Except as provided for the benefit of the Parties,
This Agreement does not and is not intended to create any obligation, duty, promise,
contractual right or benefit, right to indemnification, right to subrogation, and/or any other
right in favor of any other person or entity, including but not limited to attorneys representing
indigent defendants.
12. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to
pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of
those rights with regard to any existing or subsequent breach of this Agreement. No waiver
of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in
one or more instances shall be deemed or construed as a continuing waiver of any term,
condition, or provision of this Agreement. No waiver by either Party shall subsequently affect
its right to require strict performance of this Agreement,
13. RECORD RETENTION AND ACCESS AND AUDITING, The Parties shall maintain
records related to this Agreement in accordance with state law and applicable grants, Upon
request by a Party, all records, including financial records, related to this Agreement shall be
available at any reasonable time for examination or audit by the other Party or as required by
law or applicable grant agreements.
14. SEVERABILITY. If a court of competent jurisdiction finds a term or condition of this
Agreement to be illegal or invalid, then the term or condition shall be deemed severed from
this Agreement. All other terms, conditions, and provisions of this Agreement shall remain
in full force.
15. PRECEDENCE OF DOCUMENTS. In the event of a conflict between the terms of and
conditions of any of the documents that comprise this Agreement, the terms in the Agreement
shall prevail and take precedence over any allegedly conflicting terms in the Exhibits or other
documents that comprise this Agreement.
16, CAPTIONS. The section and subsection numbers, captions, and any index to such sections
and subsections contained in this Agreement are intended for the convenience of the reader
and are not intended to have any substantive meaning. The numbers, captions, and indexes
shall not be interpreted or be considered as part of this Agreement. Any use of the singular
or plural, any reference to gender, and any use of the nominative, objective or possessive case
in this Agreement shall be deemed the appropriate plurality, gender or possession as the
context requires.
17. FORCE MAJEURE. Notwithstanding any other term or provision of this Agreement,
neither Party shall be liable to the other for any failure of performance hereunder if such
failure is due to any cause beyond the reasonable control of that Panty and that Party cannot
reasonably accommodate or mitigate the effects of any such cause. Such cause shall include,
without limitation, acts of God, fine, explosion, vandalism, national emergencies,
insurrections, riots, wars, strikes, lockouts, work stoppages, other labor difficulties, or any
law, order, regulation, direction, action, or request of the United States government or of any
other government. Reasonable notice shall be given to the affected Party of any such event.
18. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage
prepaid, and addressed to the person listed below. Notice will be deemed given on the date
when one of the following first occur: (i) the date of actual receipt; (ii) the next business day
when notice is sent express delivery service or personal delivery; or (iii) three days after
mailing first class or certified U.S. mail,
18.1. If Notice is sent to County, it shall be addressed and sent to the following three
persons/officials: (1) the Oakland County Executive, 2100 Pontiac Lake Road,
Waterford, Michigan 48328; (2) the Chairperson of the Oakland County Board of
Commissioners, 1200 North Telegraph Road, Pontiac, Michigan 48341; and (3)
Oakland County Corporation Counsel, 1200 North Telegraph Road, Pontiac,
Michigan 48341,
18.2. If Notice is sent to the Funding Unit, it shall be addressed to: [INSERT ADDRESS]
18.3. Either Party may change the individual to whom Notice is sent and/or the mailing
address by notifying the other Party in writing of the change.
19. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement
shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as
otherwise required by law or court rule, any action brought to enforce, interpret, or decide
any Claim arising under or related to this Agreement shall be brought in the 6th Judicial
Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or
the United States District Court for the Eastern District of Michigan, Southern Division, as
dictated by the applicable jurisdiction of the court. Except as otherwise required by law or
court rule, venue is presumptively proper in the courts set forth above.
20. ENTIRE AGREEMENT.
20.1. Entire Agreement. Except as provided by law, this Agreement represents the entire
agreement and understanding between the Parties. This Agreement supersedes all
other oral or written agreements between the Parties regarding the subject matter of
this Agreement.
20.2. Construction of Agreement. The language of this Agreement shall be construed as a
whole according to its fair meaning, and not construed strictly for or against any Party.
The undersigned hereby acknowledges that he/she has been authorized by [City, Village,
Township] to execute this agreement on behalf of [City, Village, Township and hereby accepts
and binds [City, Village, Township] to the terns and conditions of this Agreement.
[CITY, VILLAGE, TOWNSHIP]
BY:
IM
DATE:
DATE:
The undersigned hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners to execute this Agreement on behalf of Oakland County, and
hereby accepts and binds Oakland County to the terms and conditions of this Agreement,
THE COUNTY OF OAKLAND
BY:
DATE:
Chairperson, Oaldand County Board of Commissioners
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EXHIBIT I
SCOPE OF CONTINUING LEGAL EDUCATION PROGRAM
The Continuing Legal Education ("CLE") Prograin will be provided by the Oakland County Bar
Association ("OCBA") pursuant to a contract between the County and the OCBA (refereed to in
this Exhibit as the "Contract"),
DEFINITIONS
In addition to any other defined terms in the Agreement, the following words and expressions used
throughout this Exhibit, whether used in the singular or plural, shall be defined, and interpreted as
follows:
"Non-Covnoj Funded Courts" means all State District Courts located in Oakland County except
for the 52"' District Courts. "Non -County Funded Courts" includes the court that Funding Unit is
the Iocal funding unit for.
PROTECT MANAGERS
Project Manager for the County: Project Manager for the County has the authority to amend the
payment schedule if OCBA set-up costs and deliverables exceed any quarterly payment, but does
not have the authority to amend the "Not to Exceed Amount."
Project Managers for OCBA: Jennifer Roosenberg and Merri Lee Jones or their respective
successors and if none, the President of the OCBA.
CONTINUING LEGAL EDUCATION COMPLIANCE
The OCBA will develop a two-pronged approach to comply with the Proposed Minimum Standard
One for assigned counsel in Oakland County at the circuit court and district court levels:
1, Development and delivery of OCBA CLE curriculum., and
2. Tracking and reporting OCBA Defense Counsel CLF_, credits eared through attendance at
OCBA seminars.
This approach assumes the existing effort of .15 FTE existing full-time OCBA staff members who
will continue to perform CLE responsibilities and the addition of a 1.0 FTE (and related costs) to
perform additional curriculum development, record-keeping and reporting requirements. This
approach also assumes Oakland County assigned counsel will receive all CLE credits through the
Oakland County Bar Association (and its CLE partners, where applicable).
Development of OCBA CLE curriculum
The OCBA will provide 24 hours of training over the course of a calendar year — January through
December. These trainings will include 10 to 12 brown bag seminars, joint seminars with other
CLE providers and additional stand-alone seminars prepared by OCBA criminal law committee
throughout the year as topics of interest arise. This policy continues the OCBA's long-standing
tradition of organic collaborative curriculum development by its committees. While live training
will be encouraged, videos of skills -based training will be available for viewing throughout the
calendar year.
Curriculum for new criminal attorneys (those attorneys with less than two years' experience) will
be delivered in partnership with the Criminal Defense Association of Michigan to meet the
standards set forth by the MIDC, This training will be live -only.
The OCBA's training will take advantage of the expertise of local practitioners as well as notable
experts, jurists and other professionals to provide content that is universally applicable and also
uniquely Oakland County -specific. This cuiTiculum will provide appointed counsel with the best
substantive and practical information available to represent clients in Oakland County Courts.
Initially, the OCBA will provide an inventory to attorneys currently on the assigned counsel list to
determine their deficiencies and interests. The OCBA will survey the county judiciary to determine
what they observe to be areas for improvement in defense representation, The OCBA will develop
a curriculum according to those needs in addition to the standard curriculum required by the MIDC.
The curriculum will include specific course descriptions, learning objectives, goals, and evaluation
for each training session. The courses will change each year with the addition or elimination of
topics as needed to effectively address deficits/challenges identified in the field by LARA, by the
courts and by defense counsel, and to continue to meet MIDC standards. Formative and summative
evaluations will be, used to determine specific course content and structure of the curriculum.
Performance-based training courses
Courses will be delivered by experts - notable and knowledgeable attorneys in the field of criminal
defense, ethics, forensic science, etc. Courses will be performance-based and will be delivered
using adult learning theory principles, Learning reinforcement, such as verbal feedback, role plays,
short written work, etc. will be incorporated throughout each session. Competency will be assessed
using a variety of methods as applicable, such as pre-test/post-test, quizzes, experiential activities
and content -based evaluations. Any courses delivered via webinar and/or video will include
knowledge assessments before, during and after viewing.
Evaluation
Content evaluations will be used to determine learning transfer after each training session.
Evaluations will be conducted up to six months post -training to ascertain whether the information
is being used effectively and to determine future training topics. Evaluations will also be used to
change and improve course content, presentation methodology and learning re -enforcement as
indicated by the evaluations. Periodic surveys of the bench will be conducted to gather feedback
to determine the performance level and needs of defense counsel.
Certification of Course Content
The OCBA awaits direction from the MIDC regarding the manner in which courses will be
certified.
Planned Curriculum.
The OCBA will develop curriculum based upon the topics outlined by the MIDC in Standard One
and its accompanying White Paper; Knowledge of the Law; Knowledge of Scientific Evidence
and Applicable Defenses; Knowledge of Technology. Additional coursework may be developed
throughout the year, based upon needs determined by the OCBA criminal law committee.
M
Knowledge of the Law
1. Basic legal overview
a. Knowledge of substantive Michigan, federal and constitutional law and
applicability to criminal defense
b. Importance of the initial interview
2. Rules of criminal procedure
3. Rules of evidence
a. State
b. Federal
4. Oral, advocacy
5. Written advocacy
6. Best practices in criminal defense
7. Special considerations in serving the indigent client
8. Annual case law update
9. New development in criminal defense
10. Sentencing guidelines
11. Placementhreatment options
Knowledge of Scientific Evidence and Applicable Defenses
1. Overview of forensic evidence
a. Medical evidence
b. Electronic evidence
C. Crime scene evidence
d. Financial/banking
2. Reasonable defenses
3, Relevant research studies
a. Scientific, biological/psychological/social research updates
b. interpretation of data
C. Effectively using research studies in defense
4. Risk assessments
5. Overview of substance abuse and applicability to criminal defense
a. Effective treatment modalities
6. Overview of sex offender treatment
a, Efficacy and applicability to criminal defense
Knowledge of Technology
1. Office automation
a. . Overview of products, usage and risks
2. Legal case management software
a. Overview of products, usage and risks
3. Accounting software
4. E -filing process
5. Social media
a. Effective use as evidence
b. Use in investigations
c. Ethical guidelines and considerations
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New Attorneys
Curriculum for new attorneys (those practicing criminal law for two years or less) will be delivered
in partnership with the Criminal Defense Association of Michigan and will include but is not
limited to the "basic skills acquisition" training as outlined by the MIDC:
1. The unique role of indigent counsel
2. Client -centered values and ethics
3. Client and witness interviews
4. Witness examinations
5. Arguingthetheory of one's case
6. 'retrial motion practice
7. Introduction of evidence
S. Effective objections
9. Jury selection
10. How to. advise and advocate in guilty plea proceedings and sentencings
TRACKING AND REPORTING CLES
The OCBA will track participation in training provided by the OCBA and issue certificates of
completion for all attendees. Transcripts will also be available through the OCBA website for all
attendees. The OCBA will create a compiled report of completed OCBA coursework for all
appointed counsel and make it available to the governing authority and the funding units as
required. Credits, certificates of completion and transcripts will only be given for OCBA
coursework. The OCBA will supply participating attorneys with a certificate of completion at the
end of each course and provide the MIDC with all attorney training records.
Tracking and certifying traiiung
The OCBA will track training participation in the OCBA's CLE training using a software program
that links seamlessly with our existing customer relationship management software. This software
enables us to provide a transcript to the attorney and/or the governing authority as required. The
OCBA will also provide compiled reports or other verification to the governing authority upon
request. Transcripts and attendance records will be available online to participating attorneys 24
hours a day. In addition,. the OCBA will provide to all funding units an end -of -year report, if
requested, listing all attorneys who have fulfilled their CLE requirements through the OCBA as
outlined in MIDC Standard 1. Credit will only be given for the OCBA's coursework that has been
completed,
Partnerships
The OCBA will consider partnerships with CDAM as well as other training providers to offer
seminars to assigned counsel.
PROPOSED PRICING SUMMARY AND PERFORMANCE OF DELIVERABLES;
The cost proposal for this pilot program is based upon the mandate for 12 hours of CLE training
per year. The OCBA will provide 24 hours of training over the course of a calendar year January
through December -- so that assigned counsel will have the opportunity to easily earn the required
number of CLE hours.
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It is also based on our best estimate of time and effort required to meet requirements for CLE
content development, delivery and evaluation, as well as currently defined reporting requirements.
As of the effective date of the Contract, the OCBA intends to provide CLE programming for all
court funding units in Oakland County: Sixth Judicial Circuit and 52nd District Courts, 43rd
District Courts (Madison Heights, Hazel Park and Ferndale), 44th District Court, 45°i District
Court, 46"i District Court, 47th District Court, 48111 District Court, 50th District Court and 51st
District Court. An analysis of the attorney lists, including eliminating any duplicates from these
lists and the likelihood of adding new attorneys at all county district courts because of the increased
need for arraignment only attorneys seven days a week, reveals that up to 500 attorneys will receive
their CLE training through the Oakland County Bar Association.
The County will pay the OCBA an amount not to exceed $175,000 through MIDC grant funding,
which is contingent on the training of up to 500 attorneys ($25,000 Start-up Cost Fee and $150,000
Programming Fees for up to 500 attorneys at $300 per participating attorney). The County will
make payments to the OCBA under the following schedule:
a) Payment 1 — $25,000 Start-up Cost Fee and quarterly Programming Fee of $37,500 -
Contract start date;
b) Payment 2 -- second quarter Programming Fee of $37,500 — date TBD
c) Payment 3 —third quarter Programming Fee of $37,500 -- date TBD
d) Payment 4 -- fourth quarter Programming Fee of $37,500— date TBD
The OCBA shall track all programming costs related to implementation of the program.
Attorneys that do not attend any of the programming during the annual year of the Contract shall
result in unused funding at the rate of $300 per non -participating attorney. OCBA shall use any
unused funding to cover the cost of attorneys that are added to the CLE program after the start of
the annual year of the Contract.
The County agrees to amend the first Quarterly payment upon mutually acceptable documentation
that the OCBA's software purchases, technology implementations and start-up costs exceed the
amount of the Start-up Cost Fee and first quarterly Programming Fee. Any acceleration of
quarterly Programming Fees shall reduce the subsequent quarterly payment by same amount.
The OCBA agrees to meet with all county funding units once every calendar year to review
compliance by assigned counsel and provide a status report of the training program.
The OCBA further agrees to provide all assigned counsel with notice of CLE credits earned and a
reminder of training deadlines in any manner that OCBA determines (email, phone, letter, etc.) by
October 1 st of every calendar year,
The OCBA agrees that all services under this contract shall be performed consistent with the MIDC
Act, MCL 780.991 et al. and the MIDC Minimum Standards.
12
Resolution #19088
April 18, 2019
Moved by Gingell seconded by Markham the resolutions on the Consent Agenda be adopted with
accompanying reports being accepted.
AYES: Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray,
Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Welpert, Woodward, Zack, Gershenson,
Gingell. (21)
NAYS; None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted with
accompanying reports being accepted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April 18, 2019,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan this 18th day of April, 2019.
Lisa Brown, Oakland County