HomeMy WebLinkAboutReports - 2023.04.20 - 38134
AGENDA ITEM: Application to Michigan Indigent Defense Commission (MIDC) for Indigent Criminal
Defense Services
DEPARTMENT: Indigent Defense
MEETING: Board of Commissioners
DATE: Thursday, April 20, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-2710
Motion to approve the submission of the FY 2024 Michigan Indigent Defense Commission (MIDC)
Grant Application and authorize the Indigent Defense Services Office to engage in any necessary
negotiation with the MIDC and prepare any necessary revision of the Draft Cost Analysis; further,
that when the final version of the FY 2024 MIDC Compliance Plan and Cost Analysis is officially
approved by the MIDC this item will be brought back before the Board of Commissioners for grant
acceptance.
ITEM CATEGORY SPONSORED BY
Grant Gwen Markham
INTRODUCTION AND BACKGROUND
This is the annual grant application to the Michigan Indigent Defense Commission (MIDC) to fund
the provision of indigent criminal defense services in Oakland County.
The Michigan Indigent Defense Commission Act (“MIDC Act”), MCL 780.981, et. seq., gives the
Michigan Indigent Defense Commission (“MIDC”) the authority to propose minimum standards for
the provision of indigent criminal defense services. A proposed standard takes effect after it is
adopted by the Department of Licensing and Regulatory Affairs (“LARA”). The MIDC Act requires
every indigent criminal defense system in Michigan to comply with every standard that has been
adopted by LARA. Oakland County is the indigent criminal defense system (“System”) for the 6th
Circuit Court and the four divisions of the 52nd District Court. Systems are legally required to submit
a Compliance Plan and Cost Analysis annually to the MIDC, which explains the methods by which
the System will comply with the approved standards in the next fiscal year, and lists the amount of
money the System requires to comply with the approved standards. The MIDC reviews all
Compliance Plans and Cost Analyses for accuracy and thereafter votes to approve or disapprove
said Plans and Analyses.
The MIDC is obligated to issue a grant to each System in the amount indicated in an approved Cost
Analysis. The final grant award is determined by deducting the statutorily required “local share” from
the total Cost Analysis amount, and said local share is calculated at $1,883,620.74 for FY 2024The
current MIDC grant funds several County positions and the County will seek to include those
positions in its Compliance Plan and Cost Analysis for FY 2024, as well as certain additional
positions in the Public Defender’s Office. The County intends to seek over $15 million in grant
funding from the MIDC, as more fully outlined in the Draft Cost Analysis. The Draft Cost Analysis is
included as an attachment to this proposed resolution, which draft is subject to further negotiations
between the MIDC and the County and which may be revised during the course of those
negotiations.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Pete Menna, Chief Attorney - Indigent Defense - DEO
ITEM REVIEW TRACKING
Gwen Markham, Board of Commissioners Created -
AGENDA DEADLINE: 04/20/2023 6:00 PM
ATTACHMENTS
1. MIDC Cost Analysis - FY2024
2. Grant Application
3. Grant Review Sign-Off
4. Indigent Defense System Overview PowerPoint Presentation
COMMITTEE TRACKING
2023-04-12 Finance - Recommend to Board
2023-04-20 Full Board - Approve
Motioned by: Commissioner Robert Hoffman
Seconded by: Commissioner Michael Gingell
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Marcia Gershenson, Janet Jackson,
William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray, Gwen Markham, Angela Powell (3)
Passed
Chart Title
1 2 3 4 5 6
-
200,000.00
400,000.00
600,000.00
800,000.00
1,000,000.00
1,200,000.00
1,400,000.00
Indigent Defense System Cost Analysis
Grant Year October 1, 2023 - September 30, 2024
0.01
Funding Unit Name(s)Oakland County DATE SUBMITTED:
Personnel Position Calculation hours and rate Total State Grant Local Share
Other Funding
Sources Total
Indigent Defense (12216)Chief Attorney Indigent Defense 2,080/$90.2001 Step 84 biweekly $7216.01 187,616.18
Indigent Defense (12217) Indigent Defense Administrative Supervisor 2,080/$41.6243 Step 36 biweekly $3329.94 86,578.44
Indigent Defense (12218)Financial Services Tech III 2,080/$31.7543 Step 72 biweekly $2540.34 66,048.91
Indigent Defense (12219) Indigent Defense Specialists (52-1)2,080/$27.4304 Step 72 biweekly $2194.44 57,055.33
Indigent Defense (12220) Indigent Defense Specialists (52-2)2,080/$27.4304 Step 72 biweekly $2194.44 57,055.33
Indigent Defense (12221) Indigent Defense Specialists (52-3)2,080/$27.4304 Step 72 biweekly $2194.44 57,055.33
Indigent Defense (12222) Indigent Defense Specialists (52-4)2,080/$27.4304 Step 72 biweekly $2194.44 57,055.33
Indigent Defense (15388)Indigent Defense Specialists (6th Circuit)2,080/$27.4304 Step 72 biweekly $2194.44 57,055.33
Indigent Defense (15389)Indigent Defense Specialists (6th Circuit)2,080/$27.4304 Step 72 biweekly $2194.44 57,055.33
Indigent Defense (15865)Chief Public Defender 2,080/$90.2001 Step 84 biweekly $7216 187,616.18
Indigent Defense (15866)Deputy Chief Public Defender 2,080/$79.2935 Step 84 biweekly $6343.48 164,930.52
Indigent Defense (15867)Principal Attorney - Public Defender 2,080/$69.3159 Step 72 biweekly $5,545.27 144,177.02
Indigent Defense (15868)Principal Attorney - Public Defender 2,080/$69.3159 Step 72 biweekly $5,545.27 144,177.02
Indigent Defense (15869)Assistant Public Defender - Senior 2,080/$54.3109 Step 72 biweekly $4181.52 112,966.62
Indigent Defense (15870)Assistant Public Defender - Senior 2,080/$54.3109 Step 72 biweekly $4181.52 112,966.62
Indigent Defense (15871)Assistant Public Defender 2,080/$44.6815 Step 72 biweekly $3574.52 92,937.52
Indigent Defense Assistant Public Defender 2,080/$44.6815 Step 72 biweekly $3574.52 92,937.52
Indigent Defense (15872)Public Defender Paralegal 2,080/$33.3422 Step 72 biweekly $2667.38 69,351.88
Indigent Defense (15873)Public Defender Legal Secretary 2,080/$24.8802 Step 72 biweekly $1990.42 51,750.92
Indigent Defense (15887)Public Defender Investigator - UNI 2,080/$38.5976 Step 60 biweekly $3087.74 80,281.24
Indigent Defense Social Worker - UNI 2,080/$40.9539 Step 60 biweekly $3276.31 85,184.18
Community Corrections (12223)Community Corrections Specialist II 2,080/$35.6955 Step 48 biweekly $2855.64 74,246.59
Community Corrections (12224)Community Corrections Specialist I 2,080/$29.7446 Step 24 biweekly $2379.57 61,868.87
Sheriff (12225) Deputy I - Full Time Friday - Tuesday 2,080/$35.5906 Step 72 biweekly $2847.25 74,028.49
Sheriff Deputy I - Wed/Thurs coverage 16 Hours (832 hours annual)2,080/$35.5906 Step 72 biweekly $2847.25 29,611.38
Sheriff Deputy I - Vacation Replacement
Vacation replacement based on full-time Corrections
Deputy I accrual of 220 hours/year, calculated at
regular time of $35.5906/hr 7,829.94
Sheriff Deputy I - Holiday and Misc. Overtime
Per contract, if Deputies work a holiday they are
entitled to 8 hours regular pay plus 8 hours at 1.5x.
There also may be emergency situations where OT
coverage may be necessary.
72 holiday hours plus 40 misc. hours at $35.5906/hr x
1.5 8,541.74
Subtotal 2,277,979.76
Indirect Costs Indirect Cost Rate applied to Salaries and fringes (10%)343,143.74
Category Summary Total 2,621,123.50 2,621,123.50 2,621,123.50
Fringe Benefits Percentage (35.01% FT) (32.01% OT)Fixed Direct Contract Charge Variable Amount*State Grant Local Share
Other Funding
Sources Total
Chief Attorney IDSO 35.48%18,213.00 66,566.22
IDSO Administrative Supervisor 35.48%18,159.00 30,718.03
IDSO Financial Services Tech III 35.48%6,012.00 23,434.15
Indigent Defense Specialist - 52-1 35.48%6,012.00 20,243.23
Indigent Defense Specialist - 52-2 35.48%18,159.00 20,243.23
Indigent Defense Specialist - 52-3 35.48%18,204.00 20,243.23
Indigent Defense Specialist - 52-4 35.48%14,196.00 20,243.23
Indigent Defense Specialist - 6th Circuit 35.48%13,574.00 20,243.23
Indigent Defense Specialist - 6th Circuit 35.48%13,574.00 20,243.23
Chief Public Defender 35.48%13,574.00 66,566.22
Deputy Chief PD 35.48%13,574.00 58,517.35
Principal Attorney PD 35.48%13,574.00 51,154.01
-->The MIDC funded Corrections Deputies are part of a union.The OCSO must follow the union contract canvassing rules to cover the vacations of the MIDC funded deputy positions outside of the replacement deputies'normal work hours.Therefore,the vacation backfill costs cannot be considered supplanting.
-->Salary rates are shown at the projected general salary increase of 3%in FY24.The County's FY24 budget is not finalized at this time,and that assumed increase may be higher or lower at the time of budget finalization.
-->The Indigent Defense Appointment Coordinator was previously considered to be a supplanted position by the MIDC.The County has not included this position in the FY24 cost analysis.
Principal Attorney PD 35.48%13,574.00 51,154.01
Senior Assistant PD 35.48%13,574.00 40,080.56
Senior Assistant PD 35.48%13,574.00 40,080.56
Assistant PD 35.48%13,574.00 32,974.23
Assistant PD 35.48%13,574.00 32,974.23
Paralegal 35.48%13,574.00 24,606.05
Legal Secretary 35.48%13,574.00 18,361.23
Investigator 35.48%13,574.00 28,483.78
Social Worker 35.48%13,574.00 30,223.35
Community Corrections Specialist II 35.48%5,175.00 26,342.69
Community Corrections Specialist I 35.48%18,159.00 21,951.08
Deputy I - (OCJ) - Full Time Friday-Tuesday 35.48%6,012.00 26,265.31
Deputy I - (OCJ) - Wed. Thurs. coverage 35.48%13,574.00 10,506.12
Deputy I - Vacation Replacement 35.48%13,574.00 2,778.06
Deputy I - Holiday and Misc. Overtime 32.50%2,776.07
Support Services 0.00%
Category Summary 345,485.00 807,972.67 1,153,457.67 0.00 0.00 1,153,457.67
Contractual
Contracts for Attorneys Services Provided Calculation hours and rate Total State Grant Local Share
Other Funding
Sources Total
Attorneys - private bar
OCJ - arraignment atty - Holidays. This includes arraignment services for all
courts participating in the weekend arraignment program. This will be paid
at a shift rate of $900, which equates to 6 hours at $150/hour to take into
account a holiday premium.18 days x 1 attys x $900 rate 16,200.00
Attorneys - private bar
OCJ - arraignment atty - M, T, F. This includes arraignment services for all
third class district courts. This will be paid at a shift rate of $720, which
equates to 6 hours at $120/hour. These are heavier arraignment days where
3 attorneys are needed.147 days x 3 attys x $720 rate 317,520.00
Attorneys - private bar
OCJ - arraignment atty - W, Th. This includes arraignment services for all
third class district courts. This will be paid at a shift rate of $720, which
equates to 6 hours at $120/hour. These are typically lighter arraignment
days where 2 attorneys are needed.101 days x 2 attys x $720 rate 145,440.00
Attorneys - private bar
OCJ - arraignment atty - Weekend. This includes arraignment services for all
courts participating in the weekend arraignment program. This will be paid
at a shift rate of $810, which equates to 6 hours at $132/hour to take into
account a weekend premium.100 days x 1 attys x 810 rate 81,000.00
Attorneys - private bar
Arraignment Atty Four (4) 52nd District Courts. Each court requires an
arraignment attorney to be present for a three hour morning shift and a
three hour afternoon shift to handle all scheduled and walk-in
arraignments. In 52-4, two attorneys are needed on Wednesday mornings
to account for the fact that it is an extremely heavy arraignment day. Paid at
the shift rate of $720/day, to equate to 6 hours at $120/hour.
246 days x 4 attys x $720 rate
52 half-days x 1 atty x $360 rate 727,200.00
Attorneys - private bar
Arraignment Atty - Circuit Court Bench Warrants. This requires a 2 hour shift
each weekday, which will be paid at the shift rate of $264 ($132/hour x 2
hours).246 days x 1 atty x $264 rate 64,944.00
Attorneys - private bar
Specialty Treatment Courts - (4) 52nd District Courts. There are 320 dockets
per year, with an average of 2 hours spent on each docket. This will be paid
strictly hourly, at the rate of $120/hour, to avoid any potential under or
over billing.320 dockets x 1 atty x 2 hour average x $120 76,800.00
Breakdown of Fringe Benefits above for Egrams:
FICA 7.65%$174,265.45 (Total Regular Salaries of $2,277,979.73 x .0765)
Retirement 24.81%$565,166.77 (Total Regular Salaries of $2,277,979.73 x .2481)
Disability 1.60%$36,447.68 (Total Regular Salaries of $2,277,979.73 x .0160)
Unemployment 0.10%$2,277.98 (Total Regular Salaries of $2,277,979.73 x .0010)
Group Life/Accident 0.26%$5,922.75 (Total Regular Salaries of $2,277,979.73 x .0026)
Workers Compensation 1.06%$24,146.59 (Total Regular Salaries of $2,277,979.73 x .0106)
Fringe Benefits for OT Salaries $2,776.07 (EGrAMS includes this as overall salaries at the .3548 factor,resulting in a difference of $254.54)
Medical/Dental/Optical Ins 33.50%$345,485.00 (Total of Fixed Direct Contract Charge Column)
Total $1,153,457.67 Total FY2023 -Matches Total Fringe Benefits above
Fringe Benefits Justification-To fund the FY 2023 positions and related fringe benefits that were approved with FY 2022's budget and continue the operations for Oakland County's MIDC.The services provided would include overall management,processing apppointed attorney vouchers,handle increased paperwork,
scheduling,pre-trials,and other matters associated with the indigent defense system.
The FY2023 Fringe Benefit rate of 35.48%as a percentage of regular salary is broken down as follows:
FICA -7.65%,Retirement -24.81%,Disability -1.60%,Unemployment -0.10%,Group Life/Accident -0.26%,Workers Compensation -1.06%=Total -35.48%
The FY2023 Fringe Benefit rate of 32.5%as a percentage of overtime salary is allocated at 77%to retirement and 23%to FICA.
FY2023 Fixed Medical Benefits is broken down as follows:
Oakland County is self-insured for Medical,Dental,and Vision Benefits.The Cost Analysis assumes a 2 person plan for these benefits unless the current incumbent has different coverage.Medical/Prescription -$12,592.00,Dental -$857.00,Vision -$125.00 =Total -$13,574.00
Attorneys - private bar
Specialty Treatment Courts - Circuit Court. This will be paid at the hourly
rate of $132/hour. The average monthly billings for this has historically been
25 hours/month.1 atty x 25 hours/month x 12 months x $132 39,600.00
Attorneys - private bar
District Court to Circuit Court Appeals and Interlocutory Appeals. Our plan
assumes 2 appeals per month based on historical data, paid at the rate of
$120/hour with an average of 15 hours.24 appeals x 15 hours x $120 43,200.00
Attorneys - private bar
Circuit Court Probation Violations. We generate approximately 1,500 VOP
appointments each year. Assuming a 15% bench warrant rate based on
historical data, those vouchers may result in 1 hour of time spent on pre-
court document review. Remainder will average 3 hours based on survey of
attorneys.
225 cases x 1 hour x $132
1275 cases x 3 hours x $132 534,600.00
Attorneys - private bar Capital Cases
26 trials x 80 hours x $192/hour
145 pleas x 30 hours x $192/hour
30 LWOP resentencings x 50 hours x $192/hour 1,522,560.00
Attorneys - private bar Non-Capital Felonies
50 trials x 40 hours x $144/hour
1920 pleas (cat. 3/4 no hab.) x 20 hours x $132/hour
640 pleas (cat. 2) x 20 hours x $144/hour
640 pleas (hab. 4) x 20 hours x $144/hour
12% of subtotal added for cases resolved at District
Court 10,128,384.00
Attorneys - private bar
Misdemeanors. Each docket will have an assigned attorney, however the
attorney will be paid for, and expected to conduct, pre-court preparation
including discovery review and client contact. The attorney will be
continued on any trial cases or other complex cases that do not resolve on
their docket day, thus ensuring vertical representation. Attorneys will be
paid a shift rate of $360 for a three-hour docket, and we expect an average
of 3 hours of pre-court prep time per docket. Likely 20% of caseload is
expected to continue, based on historical data, which will require on
average another 3 hours of time on each of those cases.
200 half-day dockets/month x $360
3 hours of pre-court prep per docket x $120/hour
600 continued cases x 3 additional hours x $120/hour 1,944,000.00
Public Defender Adjustment Public Defender Office Adjustment
Subtract 5% from category sub-total to account for
the PD Office taking approximately 5% of our overall
caseload in FY24.-782,072.40
Category Summary 14,859,375.60 12,975,754.86 1,883,620.74 0.00 14,859,375.60
Contracts for Experts and Investigators Services Provided Calculation hours and rate Total State Grant Local Share
Other Funding
Sources Total
Investigators $100 per hr x 750 hrs 75,000.00
Experts
Experts paid at MIDC grant manual rate, other than
exceptional circumstances where higher market rate
is necessary to ensure effective defense
representation.525,000.00
Category Summary 600,000.00 600,000.00 0.00 0.00 600,000.00
Contracts for Construction Projects Services Provided Calculation Total State Grant Local Share
Other Funding
Sources Total
52-2 District Court
Renovation of spaces within the 52-2 District Court to create a confidential
meeting space for in-custody defendants.
Costs included in quote for construction, materials,
electrical, mechanical, plumbing, and design, including
inflationary contingency.393,484.68
Oakland County Campus
Renovation of spaces within the North Office Building to create a sattelite
office for the Public Defender's Office.
Costs included in quote for construction, materials,
electrical, mechanical, plumbing, and design, including
inflationary contingency.
Category Summary 393,484.68 393,484.68 0.00 0.00 393,484.6800
Contracts Other Services Provided Calulation Total State Grant Local Share
Other Funding
Sources Total
This plan converts our entire system to paying hourly rates that are at, or above, the minimum Standard 8 rate. This includes any shift rates, which are set as a factor of the Standard 8 rate (i.e., a three hour arraignment shift is paid at $360). We believe that it is extremely important for our system to set competitive rates in some felony
cases which are above the minimum Standard 8 rate to ensure that we continue to attract and retain talented attorneys in a County which contains some of the highest paid attorneys in the entire State. We also firmly believe that our felony rates need to be structured so that there is an incentive for attorneys to accept appointments for
capital cases and Category 2 (statutory max more than 5 years) cases. If the separation between capital and non-capital cases is only $12/hour, that does not entice attorneys to take on all of the responsibilities that come with a capital case appointment, and ultimately harms our system. So too, if Category 2 cases, which include difficult
CSC 2nd and 3rd degree cases, are paid the same as other non-capital cases, attorneys have no incentive to take those higher level cases. This is why we are proposing a rate of $192/hour for capital cases, $144 for Category 2 and Habitual 4th cases, $132 for Category 3 and 4 felony cases, and $120 for misdemeanor cases. This puts our
capital case fee close, but still less than, the rate paid to federal appoitned defense counsel, and it ensures that any habitual 4th cases where the maximum penalty on the habitual is life are paid slightly above the Standard 8 minimum for capital cases.
We have budgeted the same amount of investigator hours for FY24 as we have in our FY23 budget,but with an hourly rate increase to $100 per the MIDC grant manual.Given the fact that we expect to see a significant number of Parks and Poole cases come up for resentencing in FY24,we believe that an expert
budget of $525,000 is appropriate.
Defender Data License fee for DefenderData case management system in the PD Office.
$30/month/user, planned at 13 users to account for
expansion of PD Office in FY24 4,680.00
Legal Research Service LexisNexis
LexisNexis subscription for all PD Office employees
and Chief Attorney of IDSO, as an addendum to
Oakland County's existing blanket contract with
LexisNexis. Rate of $470/month for 12 months.5,640.00
Category Summary 10,320.00 10,320.00 0.00 0.00 10,320.00
Equipment Vendor Calculation Total State Grant Local Share
Other Funding
Sources Total
MFD Printer/Copier/Scanner puchase for public
defender employees Info Tech Dept/Applied Imaging
One multi-function device ordered pursuant to
existing County contract to give the sattelite PD office
in Pontiac copying/printing/scanning capability which
is equivalent to the Prosecutor's Office in capability.5,000.00
Category Summary 5,000.00 5,000.00 0.00 0.00 5,000.00
Training/Travel Vendor Calculation Total State Grant Local Share
Other Funding
Sources Total
Attorney Bar Dues State Bar of Michigan
Membership Dues for IDSO Chief Attorney and PD
office attorneys (9 attorneys x $425.38)3,828.42
Oakland County CLE Training and Tracking Oakland County Bar Association
$25,000 Annual Administrative Cost Fee and $150,000
fixed amount based on up to 500 attorneys 175,000.00
Yearly subscription to SADO Criminal Law Resource
Center SADO
$75 per attorney providing indigent defense services
on the 6th Circuit and 52nd District attorney rosters,
up to 275 attorneys.20,625.00
Private Investigator License State of Michigan License fee for private investigator.750.00
NAPD Licenses National Association of Public Defenders
License for all attorneys in PD Office and Chief
Attorney of IDSO, which is $40/year/user 360.00
Employee Mileage
Paid directly to employees who are required to travel from their main work
location to court at the prevailing IRS mileage rate. Employees are not paid
for travel to their main work location.
Total calculation is an estimate based on a 10%
calculation of the current OCPO budget for assistant
prosecutor mileage for FY23, which is $35,250 3,525.00
Category Summary 204,088.42 204,088.42 0.00 0.00 204,088.42
Supplies/Services Vendor Calculation Total State Grant Local Share
Other Funding
Sources Total
Transcripts/FOIA Various Court Reporters and attorneys
Cost based on historical spending on transcript
reimbursement to assist indigent defense counsel and
including miscellaneous reimbursement to attorneys
for necessary FOIA requests and other miscellaneous
needs to assist clients.45,000.00
Intepreter Fees Various certified foreign language interpreters
Fees to allow PD office attorneys to have an
interpreter for out of court meetings in situations not
covered by the court's language plan.1,000.00
Zoom License Zoom Full Zoom license for PD Office 150.00
Office Supplies/Postage Notes: Office supplies, metered and standard mailing postage, copy paper
Based on $265/employee/year cost as compared to
other departments, multiplied by 21 employees of
IDSO and PD Office.5,565.00
Indigent Defense Office Copy Cost Fees Applied Imaging, paid through Info Tech Dept
Cost for copying and printing in the Indigent Defense
Services and Public Defender's Offices. Standard
copy/print rates are $0.03 for B&W and $0.08 for
color. Estimated 5,000 monthly B&W and 1,000
monthly color.2,760.00
Computer equipment purchase for public defender
employees (laptop, docking station, extra monitor)Dell (computer vendor), paid through Info Tech Dept 2 @ $1,893.93 3,787.86
Phone equipment purchase for public defender
employees Phone equipment provider, paid through Info Tech Dept 4 @ $128.20 512.80
Telephone Ongoing Cost - Office line for all non-
attorney and non-investigator employees of the
IDSO and PD Office Telephone service provider, paid through IT Dept.12 @ $420/year 5,040.00
Cellular Phone Charges for all attorneys in IDSO and
PD Office, Investigator, and Social Worker Telephone service provider, paid through IT Dept.11 @ 540 5,940.00
Polycom Warranty and Maintenance AVI-SPL, LLC (formerly SKC)
Cost to maintain user licenses for Polycom system and
warranty/maintenance service on corresponding
Polycom units and backup bridges.35,046.85
OCJ Three (3) Cellular/IT Op monthly ongoing costs Telephone service provider, paid through IT Dept.
3 iPads x 58.00 x 12 months. iPad acuisitions for
Standard 2 and 4 implementation in OCJ.2,088.00
Category Summary 106,890.51 106,890.51 0.00 0.00 106,890.51
Data Collection Vendor Calculation Total State Grant Local Share
Other Funding
Sources Total
Category Summary 0.00 0.00 0.00 0.0000
Compliance Planning Costs Vendor Calculation Total State Grant Local Share
Other Funding
Sources Total
Category Summary 0.00 0.00 0.00 0.0000
Budget Total 19,953,740.39 18,070,119.65 1,883,620.74 0.00 19,953,740.39
FICA 174,265.45
Retirement 565,166.78
Disability 36,447.68
Unemployment 2,277.98
Group Life/Accident 5,922.75
Workers Compensation 24,146.59
Fringe Benefits for OT Salaries 2,776.07
811,003.28
Medical/Dental/Optical Insurance 345,485.00
MIDC FY24 COMPLIANCE PLAN
Page 1
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY24 compliance plan and cost analysis is due no later than April 26, 2023
Submitter Information
Funding Unit(s)/System Name: Oakland County
Submitted By (include name, title, email address and phone number): Pete Menna,
Chief Attorney, Indigent Defense Services Office. mennap@oakgov.com, 248-858-1619
Date:
Signature: __________________________________________________________
Please identify the following points of contact (include name, title, email address and
phone number):
Authorizing official who will sign the contract:
David Woodward, Chairperson, Oakland County Board of Commissioners
Mailing address for authorizing signatory:________________________________
_________________________________
Primary point of contact for implementation and reporting: Pete Menna
Financial point of contact: Pete Menna and/or Kym Coy
Please identify any other person in the system who should receive communications
from MIDC about compliance planning and reporting, including name, title, and email
address:
Delivery System Model
MIDC FY24 COMPLIANCE PLAN
Page 2
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY24 compliance plan and cost analysis is due no later than April 26, 2023
1. What type of indigent defense delivery system do you have currently? (indicate all
that apply):
•Public Defender Office (county employees) xx
•Public Defender Office (non-profit/vendor model)
•Managed Assigned Counsel System xx
Name of MAC Attorney Manager and P#: Pete Menna, P72671
•Assigned Counsel System
•Contract Defender System
•Regionalized system or coordination with other trial court funding units
If you are unsure about your type of indigent defense delivery system, more information
can be found in MIDC’s report entitled Delivery System Reform Models (2016), posted
here: https://michiganidc.gov/resources. Questions can also be directed to your MIDC
Regional Manager.
2. Are you proposing to change your type of indigent defense delivery system for
next year? Please respond Yes or No. No
3. If you are changing your indigent defense delivery system, what model do you
plan to use next year?
Standard 1
MIDC FY24 COMPLIANCE PLAN
Page 3
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY24 compliance plan and cost analysis is due no later than April 26, 2023
Training of Attorneys
4. Number of attorneys who accept adult criminal defense assignments as of
October 1, 2021 ________________________________
5. Number of attorneys with less than 2 years of Michigan criminal defense
experience as of October 1, 2021 ______________________________________
In EGrAMS the cost analysis, please include a list of names and P#s of all the attorneys
who accept adult criminal defense case assignments in your system, including conflict
counsel and counsel for youths charged as adults.
6. What is your plan for training attorneys with less than 2 years of Michigan
criminal defense experience? OCBA to arrange basic skills course
7.Please describe your system’s training plan, including how compliance will be
tracked for reporting requirements:.
Will you require your attorneys to submit attendance directly through the MIDC’s
continuing legal education database provider, CE Broker? Please respond Yes or
No. No
If no, please describe how attendance will be tracked and reported to the MIDC:
Tracked by OCBA per contract
8. If an attorney does not complete the required training, how will the system
address the noncompliance? Attorney will be removed from list.
9. Any changes in your funding needs from the prior year for Standard 1? Please
respond Yes or No. No
If yes, please describe in the cost analysis.
MIDC FY24 COMPLIANCE PLAN
Page 4
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY24 compliance plan and cost analysis is due no later than April 26, 2023
Standard 2
Initial Client Interviews
10. The MIDC Standards now require the selection and assignments of attorneys to
be done independently from the judiciary. How and when are defense attorneys
notified of new assignments? Via electronic database notification, within 24
business hours of receiving attorney request form from the applicable court.
11. How are you verifying that in-custody attorney client interviews occur within
three business days? By reviewing attorney vouchers where they must indicate
when the initial interview occurred.
12. How are you verifying attorneys’ introductory communications with out-of-
custody clients? Same as #11
13. How are you compensating attorneys for conducting initial interviews? Please
include whether you intend to compensate attorneys differently for in-custody
and out-of-custody interviews. Hourly at Standard 8 rate.
14. Any changes in your funding needs from the prior year for Initial Interviews?
Please respond Yes or No. Yes
If yes, please describe in the cost analysis.
MIDC FY24 COMPLIANCE PLAN
Page 5
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY24 compliance plan and cost analysis is due no later than April 26, 2023
Confidential Meeting Spaces
15. How many confidential meeting spaces are in the jail? 28
16. What is the TOTAL amount of confidential meeting spaces in the courthouse? 17
17. How many confidential meeting spaces in the courthouse are for in-custody
clients? Please describe these spaces. 5
18. How many confidential meeting spaces in the courthouse are for out-of-custody
clients? Please describe these spaces.
In the video arraignment room area of the OCJ there are 7 room that can be used
for attorney interviews, 6 of which are equipped with Polycom technology to
allow for remote interviews and arraignments. There are also 21 other
confidential meeting rooms in the OCJ that are used for attorney meetings.
Confidentiality is assured for virtual meetings by moving inmates out of their cell
and into a private meeting room when participating in an attorney meeting.
The Circuit Court has 2 in-custody confidential meeting rooms, and three divisions
of the 52nd District Court (52-1, 52-3, and 52-4) each have 1 in-custody
confidential meeting room for a total of 3. The 52-2 District Court received a
waiver for in-custody meeting space from the MIDC in FY2019 due to the
limitations and costly construction required on a space that is leased, not owned
by the County. However, the 52-2 does provide semi-confidential space for in-
custody interviews. Also, with many of the court still operating many hearings
virtually, there is opportunity for an attorney to be placed in a confidential
breakout room with their client as well in those situations.
MIDC FY24 COMPLIANCE PLAN
Page 6
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY24 compliance plan and cost analysis is due no later than April 26, 2023
19. Any changes from the prior year’s compliance plan for your confidential meeting
spaces? Please respond Yes or No. Yes
If Yes, please describe the proposed changes. Creation of confidential in-custody
meeting space in 52-2 as outlined in cost analysis.
20. Any changes from the prior year’s funding needs for confidential meeting spaces?
Please respond Yes or No. Yes
If yes, please describe in the cost analysis.
Standard 3
Experts and Investigators
21. The MIDC Standards now require approval of expert and investigative assistance
to be independent from the judiciary. Describe the process of how attorneys
request expert witness assistance for their indigent clients: Request forms for
experts and investigators have been distributed to all roster attorneys and are
available on the IDSO's website. Attorneys submit these requests directly to the
Chief Attorney of the IDSO, and requests are typically reviewed and decided
within 24-48 hours. In the event the Chief Attorney denies a request, the attorney
MIDC FY24 COMPLIANCE PLAN
Page 7
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY24 compliance plan and cost analysis is due no later than April 26, 2023
has the option to appeal the denial to the Oakland County Criminal Assignment
Committee.
22. Any change from the prior year’s process to request expert witness assistance?
Please respond Yes or No. No
If yes, please explain the change:
23. Describe the process of how attorneys request investigative assistance: Request
forms for experts and investigators have been distributed to all roster attorneys
and are available on the IDSO's website. Attorneys submit these requests directly
to the Chief Attorney of the IDSO, and requests are typically reviewed and
decided within 24-48 hours. In the event the Chief Attorney denies a request, the
attorney has the option to appeal the denial to the Oakland County Criminal
Assignment Committee.
24. Any change from the prior year’s process to request investigative assistance?
Please respond Yes or No. No
If yes, please explain the change:
25. How are attorney requests (whether approved or denied) for experts and
investigators tracked by the system? Please include approved and denied
requests. By the chief attorney via spreadsheet.
26. Any change from the prior year’s funding needs for Standard 3? Please respond
Yes or No. Yes
If yes, please describe in the cost analysis.
MIDC FY24 COMPLIANCE PLAN
Page 8
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY24 compliance plan and cost analysis is due no later than April 26, 2023
Standard 4
Counsel at First Appearance and Other Critical Stages
27. The MIDC Standards now require the selection and assignments of attorneys to
be done independently from the judiciary. How are you providing counsel at first
appearance and all arraignments? Please provide detail for circuit and district
court coverage.
The IDSO is responsible for assigning attorneys on a rotational basis for all first-
appearances/arraignments. The IDSO is a County Executive division which is
completely independent of the Judiciary. There is an arraignment attorney
scheduled each week day at each of the four divisions of the 52nd District Court
to handle scheduled and walk-in arraignments. There are multiple arraignment
attorneys scheduled each weekday to represent defendants who are being
arraigned from the Oakland County Jail in all of the Oakland County District
Courts. There is an attorney appointed each weekday to handle Circuit Court
bench warrant arraignments. There is an attorney appointed each Saturday and
Sunday to handle arraignments under the 52nd District Court's weekend
arraignment program.
28. How are you providing counsel at all other critical stages? Please provide details:
The IDSO appoints individual attorneys in a rotational basis to represent
defendants charged with felonies at all other critical stages. The IDSO uses a
"house counsel" model to appoint attorneys to represent defendants charged
with misdemeanors in the 52nd District Court, with some misdemeanor cases
receiving an individual attorney appointment if required by the needs of the case.
29. How are you compensating attorneys for Standard 4? Please provide detail for
compensating counsel at first appearance and compensating counsel at all other
critical stages. Hourly at Standard 8 rate.
MIDC FY24 COMPLIANCE PLAN
Page 9
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY24 compliance plan and cost analysis is due no later than April 26, 2023
30. Do you have a prison in your County? How is counsel provided to people charged
with crimes while incarcerated in the prison? Do you seek reimbursement for the
cost of counsel from the Michigan Department of Corrections?No
31. Are there or will there be any misdemeanor cases where your court accepts pleas
without the defendant appearing before a magistrate or a judge? For example,
pleas by mail, over the counter pleas, pleas online, etc. Please answer Yes or
No.Yes
32. Describe how counsel is offered to a defendant making a plea who does not
appear before a magistrate or judge:
In order to accept a plea by mail/counter/online, etc., the 52nd District Court
requires a defendant wanting to enter such a plea to complete the SCAO form
which advises the defendant of their right to an attorney. If the defendant wishes
to be represented by an attorney the court does not accept the plea and sets the
case for a hearing date at which an attorney is appointed to represent the
defendant.
33.Any change from the prior year’s attorney compensation for Standard 4? Please
respond Yes or No. Yes
If yes, please describe in the cost analysis.
34. Any change from the prior year’s funding needs for Standard 4? Please respond
Yes or No. If yes, please describe in the cost analysis. Yes
Standard 5
MIDC FY24 COMPLIANCE PLAN
Page 10
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY24 compliance plan and cost analysis is due no later than April 26, 2023
The MIDC Standards now require independence from the court including the selection
and assignment of attorneys, attorney compensation and approval of requests for
expert and investigative assistance.
35.How will attorneys be selected to provide adult indigent criminal defense services
in your indigent defense system? Please describe any eligibility requirements
needed by the attorneys as well as the selection process: Selected by IDSO based
on applicable category.
36. Will the selection process be facilitated by a committee of stakeholders? If so,
please list the titles of participating officials, agencies, or departments as
appropriate. Criminal assignment committee determines category eligibility for
felony attorneys.
37. Who will approve an attorney’s eligibility to receive assigned cases? IDSO
38. Who will assign work to the attorneys in the indigent defense system? Please
include the person’s name, title, employer and/or supervisor. Pete Menna, Chief
Attorney, IDSO.
39. Who will review and approve attorney billing? IDSO staff
40. Who will approve requests for expert and investigative assistance? Chief
Attorney, IDSO
41. Who will review and approve expert and investigative billing? Chief Attorney,
IDSO
42. What is your appeal process to resolve any potential conflicts between the
assigned attorney and the person(s) assigning casework? Appeal to criminal
assignment committee.
MIDC FY24 COMPLIANCE PLAN
Page 11
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY24 compliance plan and cost analysis is due no later than April 26, 2023
43. What is your appeal process to resolve any potential conflicts between the
assigned attorney and the person(s) or reviewing/approving billing?
If there is a conflict between the assigned attorney and any IDSO employee, the
conflict will be mediated and resolved by the Chief Attorney of the IDSO. If there
is a conflict between the assigned attorney and the Chief Attorney of the IDSO,
the conflict will be mediated and resolved by the Criminal Assignment Committee.
44. What is your appeal process to resolve denied or partially denied requests for
expert or investigative assistance?
If the Chief Attorney denies a request in whole or in part, the attorney may appeal the denial to the Criminal
Assignment Committee, which will hold a special meeting within 10 days after receipt of the appeal. The Chief
Attorney will recuse him/herself from voting on the issue under appeal, and it will be decided by the 5 attorney
voting members of the Committee.
Determining Indigency, Contribution, Reimbursement
45.Will judges and/or court staff conduct all indigency screening in every
proceeding? Please answer Yes or No. Yes
If no, who will screen for indigency?
Is this screener the Appointing Authority?
If the screener is not the Appointing Authority, does the Appointing Authority
oversee the screening process?
Briefly describe your process for screening for indigency.
What is the process for appealing a determination that a person does not qualify
for appointed counsel?
46.Are you designating an Appointing Authority to conduct indigency screening for
purposes of MCR 6.005(B)? No
47.In cases where contribution is appropriate, who is going to make request with the
court for contribution? N/A
MIDC FY24 COMPLIANCE PLAN
Page 12
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY24 compliance plan and cost analysis is due no later than April 26, 2023
48.In cases where contribution is appropriate, what is your process for determining
the amount that a person should contribute during the pendency of the case to
their defense? N/A
49.What is your process for obtaining contribution?N/A
50.What is the process for challenging a request for contribution? N/A
51.Do your courts/judges order reimbursement for attorney fees at the conclusion of
a case? Please answer Yes or No. The County’s policy is that Judges should not
order attorney fee reimbursement on indigent defense cases.
Attorney Compensation
52.The MIDC Standards set minimum hourly rates for roster attorneys accepting
assignments in adult criminal cases. Are roster attorneys (not full time employees
of a public defender office) paid on an hourly basis? Please answer Yes or No. Yes
If yes [hourly rates are paid], is there any cap or maximum on the hours that can
be billed? Please answer Yes or No. No
If yes, please explain.
If no [hourly rates are not paid], please describe how attorneys are compensated
(flat rate contract, event based, shift coverage, etc).
Are attorneys compensated based on caseloads and does the
compensation account for increases or decreases in caseload size?
What other factors were considered in arriving at the payment?
Are attorneys able to seek extraordinary compensation?
MIDC FY24 COMPLIANCE PLAN
Page 13
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY24 compliance plan and cost analysis is due no later than April 26, 2023
How do attorneys seek reimbursement for case-related expenses?
How will your system demonstrate that the compensation is equivalent to
the MIDC minimum hourly rates? (type of invoicing, etc).
53.All roster attorneys should be provided regular, periodic payments.
How often are attorney invoices processed and paid? At resolution of case
In lengthy cases, is periodic billing and payment during the course of
representation allowed? Yes
Personnel
In the cost analysis, please provide detail about all personnel employed by the funding
unit. This should include DIRECT SERVICE PROVIDERS (Public Defender Chief, Deputy
Chief, Assistant Defenders, and staff of the defender office employed by the system) as
well as ANCILLARY STAFF (court clerks, sheriff employees, etc.)
Ancillary Staff
54. In limited circumstances, the MIDC can fund some other system staffing needs if
required to implement one of the MIDC standards. These requests are evaluated
each year.
55. Do you have any ancillary staff? Please answer Yes or No. Yes
If yes, what standard(s) or reporting needs do they meet? The ancillary staff as
outlined in the cost analysis are necessary to meet the requirements of Standard 2 and
Standard 4. See the cost analysis for more information.
MIDC FY24 COMPLIANCE PLAN
Page 14
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY24 compliance plan and cost analysis is due no later than April 26, 2023
If yes, how are you tracking time for ancillary staff? The work duties of ancillary
staff are strictly limited to the job functions related to the facilitation of MIDC Standard
2 (confidential meetings between counsel and indigent defendants) and Standard 4
(counsel at arraignment and other critical stages) as described in the cost analysis. The
time tracking process for the grant funded Corrections Deputy positions in the OCJ is
made through the Kronos application, and the time tracking system for Community
Corrections Specialists is through the Workday application, verified by the Supervisors of
those employees.
56. For existing ancillary staff, are there any personnel positions/hours eliminated,
reduced or increased from the prior year? Please answer Yes or No. No
If yes, please explain in the cost analysis.
57. Are any additional ancillary staff positions or hours requested from the prior
year? Please answer Yes or No. No
If yes, please explain in the cost analysis.
Reimbursement Costs for Creating Plan
An indigent criminal defense system may submit to the MIDC an estimate of the cost of developing a plan and cost analysis
for implementing the plan under MCL 780.993(2). Please attach documentation of planning time for FY24, if seeking
reimbursement under this provision.
Are you requesting reimbursement of planning costs? Yes | No XX
If yes, do you have receipts showing that non-funding unit employees have been paid?
Yes | No
What is the amount you are seeking in reimbursement? $_______________________
MIDC FY24 COMPLIANCE PLAN
Page 15
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY24 compliance plan and cost analysis is due no later than April 26, 2023
Costs Associated with Data Collection
The MIDC shall fund reasonable costs associated with data required to be collected under the MIDC Act that is over and
above the local unit of government's data costs for other purposes pursuant to MCL 780.993 (10).
Are you requesting funding for costs associated with data collection? Yes | No XX
If yes, please describe (cost for case management system, hiring personnel, etc.)
What is the amount you are seeking for this funding? $_______________________
Reminders
✓You must also complete a cost analysis.
✓In order to complete your application, you must update or confirm the list of the
attorneys providing services with P numbers.
✓If applicable, you must submit documentation supporting your request under
MCL 780.993(2) for reimbursement for the cost of compliance planning.
GRANT REVIEW SIGN-OFF – Indigent Defense Services Office
GRANT NAME: FY2024 MIDC Grant
FUNDING AGENCY: MIDC
DEPARTMENT CONTACT PERSON: Pete Menna 248-858-1619
STATUS: Application (Greater than $50,000)
DATE: 03/23/2023
Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments.
The Board of Commissioners’ liaison committee resolution and grant application package (which should include this sign-
off and the grant application with related documentation) may be requested to be placed on the agenda(s) of the
appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved –Sheryl Johnson (03/23/2023)
Human Resources:
Approved by Human Resources. Request to create two FTE positions but will not require HR action until the Grant
Award is received. – Heather Mason (03/22/2023)
Risk Management:
Approved. No insurance requirements detailed in the documents – Robert Erlenbeck (03/22/2023)
Corporation Counsel:
APPROVED – Mary Ann Jerge (03/23/2023)
Oakland County Indigent DefenseApril 12, 2023
State Law
There is a state statute called the Michigan Indigent Defense Commission (MIDC) Act
The MIDC is a branch of state government, under the Department of Licensing and Regulatory Affairs;
The MIDC proposes state-wide standards regarding the provision of indigent defense services;
All indigent defense “systems” must comply with the standards, and they receive grant funding from the state in order to do so.
Our “System”
The word “System” has a specific meaning under the MIDC Act.
The definition is tied to the concept of funding units.
Oakland County’s “system” includes the 6th Circuit Court and the 52nd District
Court, because those are the courts funded by the County.
Our “System”
The County is responsible for providing indigent defense services within our
System.
This means that we must provide an appointed lawyer to anyone who cannot
afford one in the following categories of cases:
All felony cases in the County, regardless of in which District Court they originate;
All misdemeanor cases in any of the 4 divisions of the 52 nd District Court.
Appointment Stats
Approximate monthly appointment numbers:
20 capital felony appointments;
350 non-capital felony appointments;
125 felony probation violation appointments;
250 misdemeanor appointments.
We also provide attorneys daily in each of the 52nd District Courts, and in
the Oakland County Jail, to handle arraignments.
Experts/Investigators
Our System provides funding to appointed attorneys to obtain
assistance from expert witnesses or private investigators in their cases.
Investigators:
FY22 – 34 requests, $34,000 committed;
FY23 to date – 37 requests, $34,000 committed.
Experts:
FY22 – 45 requests, $150,000 committed;
FY23 to date – 33 requests, $92,000 committed.
MIDC Standard 5
Until Fall of 2021, all of these appointment functions were controlled
directly by the Courts.
The County created the Indigent Defense Services Office in September
of 2021 to comply with MIDC Standard 5, which required all
appointment functions to be “independent from the judiciary.”
Appointment Process
History:
Independent contractor attorney roster;
Roster consists of about 175 attorneys.
Future:
“Hybrid” model;
Percentage of cases assigned to attorney roster;
Percentage of cases assigned to in-house Public Defender’s Office.
Public Defender’s Office
Caseload relatively small at outset:
5-10% of overall System caseload.
Strategic utilization of PD Office:
Not just a random percentage of caseload;
Assign PD Office in specific areas of our System with heightened concern for
quality representation.
Intend to develop a holistic defense model, which includes social workers and
connects to ancillary services.
Grant Process
Each year we are legally required to submit a Compliance Plan and Cost
Analysis to the MIDC.
This tells the MIDC how we intend to comply with the Indigent Defense
Standards, and what we believe it will cost to do so.
These are subject to further negotiation with the MIDC, and certain
items may be modified prior to final approval.
Grant Process
Assuming the MIDC approves our submission:
State would give us a grant for FY24 in the amount of approximately
$18,000,000.
County is legally required to contribute its “local share” which for FY24 will be
$1,883,620.74.
We submit quarterly compliance reports to the MIDC, and any unused
funds at the end of the year are deducted from next year’s grant
amount.
System Budget
The total system budget (grant amount plus local share) pays for all of
the following:
Attorney fees owed to independent contractor attorneys;
Expert and investigator fees;
Employees of IDSO (10);
Employees of PD Office (12);
Ancillary employees (3);
Continuing Legal Education for appointed attorneys.
MIDC Standard 8
Major change for FY24 – all payments to independent contractor
attorneys will be based on an hourly itemization.
Historically, Oakland County has used “flat fee” payments for almost all
of the cases in our System.
Flat fees are a disincentive to do extra work, and eliminating them will
bring a major change to our System and systems across the State.
Proposed Hourly Rates
Misdemeanors - $120/hour
Low-Severity Felonies - $132/hour
High-Severity Felonies - $144/hour
Capital Felonies - $192/hour
These are higher than the MIDC’s minimum allowable rates, but we
believe they are appropriate for our area, where attorneys are some of
the highest paid in the State.
Questions?
This has been a general overview and has not covered every detail of
our System.
I am always available to answer questions:
mennap@oakgov.com