HomeMy WebLinkAboutReports - 2024.04.11 - 41118
AGENDA ITEM: Application for FY 2025 Michigan Indigent Defense Commission ("MIDC") Grant
DEPARTMENT: Indigent Defense
MEETING: Board of Commissioners
DATE: Thursday, April 11, 2024 6:31 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-3926
Motion to approve the submission of the FY 2025 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 2025 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
Contract 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 the
Compliance Plans and Cost Analysis for accuracy and thereafter votes to approve or disapprove the
Compliance Plan and Cost Analysis.
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 2025. The
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 2025, as well as certain additional
positions in the Public Defender’s Office. The County intends to seek approximately $20 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 item, and the draft is subject to further negotiations
between the MIDC and the County and 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
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 4/11/2024
AGENDA DEADLINE: 04/21/2024 6:31 PM
ATTACHMENTS
1. Grant Review Sign-Off
2. Grant Application
3. MIDC Cost Analysis - FY2025 - DRAFT
4. Indigent Defense System Overview FY25(1)
COMMITTEE TRACKING
2024-04-03 Finance - Recommend to Board
2024-04-11 Full Board - Adopt
Motioned by: Commissioner Michael Gingell
Seconded by: Commissioner Penny Luebs
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Kristen Nelson, Christine
Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault,
Linnie Taylor (17)
No: None (0)
Abstain: None (0)
Absent: Karen Joliat, William Miller III (2)
Passed
GRANT REVIEW SIGN-OFF – Indigent Defense Services -Michigan Indigent Defense
Commission Grant -Acceptance (Greater than $10,000)
Keyes-Bowie, Tifanny B <keyesbowiet@oakgov.com>
Fri 3/15/2024 10:38 AM
To:Menna, Pete <mennap@oakgov.com>;Jager, Karrie Ann <jagerk@oakgov.com>
Cc:Adoglu-Jones, Ebru <adoglu-jonese@oakgov.com>;Guzzy, Scott N <guzzys@oakgov.com>;Matthews, Hailey
<matthewshd@oakgov.com>;Mason, Heather L <masonh@oakgov.com>;Davenport, Rod <davenportr@oakgov.com>;
Snover, Aaron <snovera@oakgov.com>;Straub, Brent <straubb@oakgov.com>;Stringfellow, JoAnn
<stringfellowj@oakgov.com>;Stolzenfeld, Tracy <stolzenfeldt@oakgov.com>;Winter, Barbara <winterb@oakgov.com>;
Worthington, Pamela L <worthingtonp@oakgov.com>;Lewis, Raquel <lewisra@oakgov.com>;Coy, Kymberly Suh
<coyk@oakgov.com>;Johnson, Sheryl <johnsonsh@oakgov.com>;Randall, Laura Kay <randalll@oakgov.com>;Keyes-Bowie,
Tifanny B <keyesbowiet@oakgov.com>
5 attachments (766 KB)
FY25 MIDC Grant Application Resolution.pdf; Grant Application BOC Item Summary Sheet (Resolution).pdf; Grant Application
PDF.pdf; GRANT SIGN OFF - MDIC FY25 Accept.docx; MIDC Cost Analysis - FY2025 - DRAFT 2 (1).xlsx;
GRANT REVIEW SIGN-OFF – Indigent Defense Services APP00126
GRANT NAME: Michigan Indigent Defense Commission Grant
FUNDING AGENCY:Michigan Department of Licensing and Regulatory Affairs (LARA) and the
Michigan Indigent Defense Commission (MIDC)
DEPARTMENT CONTACT: Pete Menna 248-858-1619
STATUS:Acceptance (Greater than $10,000)
DATE: 03/15/2024
Please be advised that the captioned grant materials have completed the internal grant review. The returned
comments are below.
The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should
include this sign-off and the grant agreement/contract with related documentation) should be placed on the next
agenda(s) of the appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Sheryl Johnson (03/15/2024)
Human Resources:
Approved by Human Resources. – Heather Mason (03/12/2024)
Risk Management:
Approved. No County insurance requirements. – Robert Erlenbeck (03/11/2024)
Corporation Counsel:
Approved – Mary Ann Jerge (03/11/2024)
Firefox https://outlook.office365.com/mail/inbox/id/AAMkADY5NjljMDVm...
1 of 1 3/15/2024, 2:53 PM
MIDC FY25 COMPLIANCE PLAN
Page 1
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY25 compliance plan and cost analysis is due no later than April 22, 2024
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: 1200 N. Telegraph Rd., Pontiac, MI, 48341
Project Director or Primary point of contact for implementation and reporting: Pete
Menna
Financial point of contact (please note, financial reporting should be completed and/or
submitted by an employee of the indigent defenses system’s funding unit who can
certify to the correctness and accuracy of the reporting and supporting documentation,
including the funding unit’s general ledger for the local grant fund): Pete Menna and/or
Kym Coy
____________________________________________________________________
Delivery System Model
MIDC FY25 COMPLIANCE PLAN
Page 2
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY25 compliance plan and cost analysis is due no later than April 22, 2024
1. What type of indigent defense delivery system do you have currently? (indicate all
that apply):
• Public Defender Office (county employees)
• Public Defender Office (non-profit/vendor model)
• Managed Assigned Counsel System
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 FY25 COMPLIANCE PLAN
Page 3
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY25 compliance plan and cost analysis is due no later than April 22, 2024
Training of Attorneys
4. Number of attorneys who accept adult criminal defense assignments as of
October 1: 179
5. Number of attorneys with less than 2 years of Michigan criminal defense
experience as of October 1: 2
In EGrAMS, 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 and qualification level for assignments.
6. What is your plan for training attorneys with less than 2 years of Michigan
criminal defense experience? OCBA will arrange basic skills course and provide to
admitted attorneys for no cost. Attorneys will also be directed to other available
free skills courses, as applicable.
7. Please describe your system’s training plan, including how compliance will be
tracked for reporting requirements. All attorneys are offered free CLE hours
provided through our contract with the OCBA. This is provided to all appointed
attorneys in Oakland County and covers all of the Third Class District Courts at no
cost to them. The OCBA is responsible for maintaining records and tracking
attorney attendance, and all records are reviewed for compliance by the IDSO
Chief Attorney.
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
MIDC FY25 COMPLIANCE PLAN
Page 4
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY25 compliance plan and cost analysis is due no later than April 22, 2024
8. If an attorney does not complete the required training, how will the system
address the noncompliance? Attorney will be removed from the roster and will
not have the ability to receive new appointments until the next year’s CLE
requirements are completed in full.
Standard 2
Initial Client Interviews
9. The MIDC Standards 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 to the
attorney’s preferred email address. The assignment offer is made as soon as
possible after receiving the attorney request form from the applicable court.
10. 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.
11. How are you verifying attorneys’ introductory communications with out-of-
custody clients? Same as #10.
12. 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 rates that are compliant with MIDC
Standard 8.
MIDC FY25 COMPLIANCE PLAN
Page 5
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY25 compliance plan and cost analysis is due no later than April 22, 2024
Confidential Meeting Spaces
13. How many confidential meeting spaces are in the jail? 28
14. What is the TOTAL amount of confidential meeting spaces in the courthouse? 17
15. How many confidential meeting spaces in the courthouse are for in-custody
clients? Please describe these spaces. 5. The Circuit Court has 2 in-custody
confidential meeting rooms, and the 52-1, 52-3, and 52-4 District Courts each
have one in-custody confidential meeting room. These rooms are contained
within the “lockup” area of the applicable courthouse, and the inmate is
separated from other inmates and placed into a separate room where the
attorney can enter, and confidentiality can be assured. Within our current
compliance plan, work has begun to construct a similar confidential room in the
52-2 District Court, which will mean that we should have 6 total rooms as of FY25.
16. How many confidential meeting spaces in the courthouse are for out-of-custody
clients? Please describe these spaces. 12. These meeting spaces are all enclosed
conference rooms, which are reserved for use by appointed counsel.
17. Any changes from the prior year’s compliance plan for your confidential meeting
spaces? Please respond Yes or No. No
If Yes, please describe the proposed changes.
Standard 3
MIDC FY25 COMPLIANCE PLAN
Page 6
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY25 compliance plan and cost analysis is due no later than April 22, 2024
Experts and Investigators
18. The MIDC Standards 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 has the option to
appeal the denial to the Oakland County Criminal Assignment Committee.
19. 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:
20. 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.
21. Any change from the prior year’s process to request investigative assistance?
Please respond Yes or No. No.
If yes, please explain the change:
MIDC FY25 COMPLIANCE PLAN
Page 7
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY25 compliance plan and cost analysis is due no later than April 22, 2024
22. 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.
Standard 4
Counsel at First Appearance and Other Critical Stages
23. The MIDC Standards 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.
24. 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.
MIDC FY25 COMPLIANCE PLAN
Page 8
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY25 compliance plan and cost analysis is due no later than April 22, 2024
25. 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. At an hourly rate which is in compliance with MIDC Standard 8. Any
shift rate paid for misdemeanor house counsel dates are paid a rate that is
equivalent to the Standard 8 hourly rate.
26. 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.
27. 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.
28. 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.
29. 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.
Standard 5
MIDC FY25 COMPLIANCE PLAN
Page 9
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY25 compliance plan and cost analysis is due no later than April 22, 2024
The MIDC Standards require independence from the court including the selection and
assignment of attorneys, attorney compensation and approval of requests for expert
and investigative assistance.
30. 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.
31. 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.
32. Who will approve an attorney’s eligibility to receive assigned cases? IDSO
33. 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.
34. Who will review and approve attorney billing? IDSO staff
35. Who will approve requests for expert and investigative assistance? Chief
Attorney, IDSO
36. Who will review and approve expert and investigative billing? Chief Attorney,
IDSO
37. 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 FY25 COMPLIANCE PLAN
Page 10
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY25 compliance plan and cost analysis is due no later than April 22, 2024
38. 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.
39. 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.
Standard 6
Indigent Defense Workloads
40. Public defender offices, assigned counsel, and contract attorneys should not
exceed the caseload levels adopted in MIDC Standard 6. Are there sufficient
attorneys in your funding unit to meet the caseload standard? Please answer Yes
or No. Unknown
41. Does the system currently have a process to monitor caseloads? Please answer
Yes or No. No
If yes, please briefly describe your current process for monitoring and auditing
caseloads.
MIDC FY25 COMPLIANCE PLAN
Page 11
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY25 compliance plan and cost analysis is due no later than April 22, 2024
If no, what will your plan be for monitoring and auditing caseloads? We will
attempt to monitor this as well as we can through our appointment database.
42. How many attorneys in your system maintain a private/retained or a partial trial-
level criminal caseload? (For example, an attorney working on civil matters,
youth defense, family legal matters, appellate cases, etc.) (range will be included).
Unknown
43. Who will be responsible for monitoring and auditing caseload calculations? Chief
Attorney, IDSO and any attorney hired by the IDSO for this purpose.
44. How will caseloads be locally monitored throughout the year? How will attorneys
be notified when they have reached their caseload cap? Monitored by the people
described in #43. Attorneys would be notified via email or phone call.
45. Will you have a process to gather information about an attorney’s caseload or
assignments from other funding units? No.
46. What action will be taken when the caseload cap is reached? The attorney will be
prohibited from accepting any new appointments.
Standard 7
Qualification of Counsel
47. Eligibility for particular case assignments must be based on counsel’s ability,
training and experience. Are there sufficient attorneys in your funding unit to
meet the caseload standard? Please answer Yes or No Yes.
Does your funding unit currently have a process to identify qualifications of
counsel for particular assignments? Please answer Yes or No. Yes.
MIDC FY25 COMPLIANCE PLAN
Page 12
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY25 compliance plan and cost analysis is due no later than April 22, 2024
If yes, briefly describe your current process for identifying counsel’s qualifications.
Every attorney who applies to our system is required to fill out an application
detailing their experience. In preparation for Standard 7, we sent out a
mandatory survey to all attorneys and collected responses regarding whether
the attorney meets the trial/experience requirement of Standard 7.
If no, what will your plan be to identify counsel’s qualifications?
48. Who will be responsible for assessing counsel’s qualifications? Chief Attorney,
IDSO or an employee hired by the IDSO for this purpose.
49. How will attorneys be notified of their qualification level? Via email or phone call.
50. What will be your appeal process if a private/roster attorney disagrees with their
qualification level? Appeal to the Criminal Assignment Committee.
Review of Counsel
51. The quality of the representation provided by indigent defense providers must be
monitored and regularly assessed. Does your system currently have a process to
review counsel? Please answer Yes or No. No.
If yes, briefly describe your current process for reviewing counsel, including
participants in the review process.
If no, what will your plan be for reviewing counsel? Through court monitoring,
attorney consultation, and surveys to stakeholders as required by Standard 7.
52. Who will be responsible for reviewing counsel? Chief Attorney, IDSO or an
employee hired by the IDSO for this purpose.
53. How often will the reviews occur? At least once every three years as required by
Standard 7.
MIDC FY25 COMPLIANCE PLAN
Page 13
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY25 compliance plan and cost analysis is due no later than April 22, 2024
Determining Indigency, Contribution, Reimbursement
54. 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?
55. Are you designating an Appointing Authority to conduct indigency screening for
purposes of MCR 6.005(B)? No.
56. In cases where contribution is appropriate, who is going to make request with the
court for contribution? N/A
57. 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
58. What is your process for obtaining contribution? N/A
59. What is the process for challenging a request for contribution? N/A
60. Do your courts/judges order reimbursement for attorney fees at the conclusion of
a case? Please answer Yes or No. No. The County’s policy is that judges should
not order attorney fee reimbursement on indigent defense cases, and the
County’s reimbursement division will not collect such fees.
MIDC FY25 COMPLIANCE PLAN
Page 14
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY25 compliance plan and cost analysis is due no later than April 22, 2024
Attorney Compensation
61. 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?
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).
62. All roster attorneys should be provided regular, periodic payments.
How often are attorney invoices processed and paid? At resolution of case, or
quarterly if invoice is submitted by attorney.
MIDC FY25 COMPLIANCE PLAN
Page 15
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY25 compliance plan and cost analysis is due no later than April 22, 2024
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
63. 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.
64. Do you have any ancillary staff? Please answer Yes or No. Yes.
If yes, what standard(s) or reporting needs do they meet? Standards 2 and 4.
If yes, how are you tracking time for ancillary staff? Through the County’s
timetracking systems, such as Kronos and Workday.
65. 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 and attach documentation to support
the request for any increase.
66. Are any new ancillary staff positions or hours requested from the prior year?
Please answer Yes or No. No.
If yes, please explain in the cost analysis and attach documentation to support
the new request.
MIDC FY25 COMPLIANCE PLAN
Page 16
Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager
The FY25 compliance plan and cost analysis is due no later than April 22, 2024
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 FY25, if seeking
reimbursement under this provision.
Are you requesting reimbursement of planning costs? Yes | X No
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? $_______________________
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 | X No
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.
Indigent Defense System Cost Analysis
Grant Year October 1, 2024 - September 30, 2025
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 (P00012216)Chief Attorney Indigent Defense (DEO/1)2,080/$92.0041 Step 84 biweekly $7360.33 191,368.53
Indigent Defense (P00012217) Indigent Defense Administrative Supervisor (UNI/123)2,080/$44.2558 Step 48 biweekly $3540.46 92,052.06
Indigent Defense (P00012218) Financial Services Tech III (UNI/115)2,080/$33.6070 Step 84 biweekly $2688.56 69,902.56
Indigent Defense (P00012219) Indigent Defense Specialists (52-1) (UNI/112)2,080/$29.0308 Step 84 biweekly $2322.46 60,384.06
Indigent Defense (P00012220) Indigent Defense Specialists (52-2) (UNI/112)2,080/$29.0308 Step 84 biweekly $2322.46 60,384.06
Indigent Defense (P00012221) Indigent Defense Specialists (6th Circuit) (UNI/112)2,080/$29.0308 Step 84 biweekly $2322.46 60,384.06
Indigent Defense (P00012222) Indigent Defense Specialists (52-4) (UNI/112)2,080/$29.0308 Step 84 biweekly $2322.46 60,384.06
Indigent Defense (P00015388)Indigent Defense Specialists (52-3) (UNI/112)2,080/$27.9791 Step 72 biweekly $2238.33 58,196.53
Indigent Defense (P00015389)Indigent Defense Specialists (6th Circuit) (UNI/112)2,080/$27.9791 Step 72 biweekly $2238.33 58,196.53
Indigent Defense (P00015865)Chief Public Defender (DEO/1)2,080/$92.0041 Step 84 biweekly $7360.33 191,368.53
Indigent Defense (P00015866)Deputy Chief Public Defender (APP/333)2,080/$80.8789 Step 84 biweekly $6470.31 168,228.11
Indigent Defense (P00015867)Principal Attorney - Public Defender (UNI/131)2,080/$73.3598 Step 84 biweekly $5868.78 152,588.38
Indigent Defense (P00015868)Principal Attorney - Public Defender (UNI/131)2,080/$73.3598 Step 84 biweekly $5868.78 152,588.38
Indigent Defense (P00015869)Assistant Public Defender - Senior (UNI/126)2,080/$57.4793 Step 84 biweekly $4598.34 119,556.94
Indigent Defense (P00015870)Assistant Public Defender - Senior (UNI/126)2,080/$57.4793 Step 84 biweekly $4598.34 119,556.94
Indigent Defense (P00015871)Assistant Public Defender (UNI/122)2,080/$47.2886 Step 84 biweekly $3783.09 98,360.29
Indigent Defense (P00016119)Assistant Public Defender - Senior (UNI/131)2,080/$55.3971 Step 72 biweekly $4431.77 115,225.97
Indigent Defense (P00015872)Public Defender Paralegal (UNI/116)2,080/$31.4517 Step 48 biweekly $2516.14 65,419.54
Indigent Defense (P00015873)Public Defender Legal Secretary (UNI/110)2,080/$25.3778 Step 72 biweekly $2030.23 52,785.82
Indigent Defense (P00015887)Public Defender Investigator (UNI/119)2,080/$39.3696 Step 72 biweekly $3149.57 81,888.77
Indigent Defense (P00016120)Social Worker (UNI/121)2,080/$43.4047 Step 72 biweekly $3472.38 90,281.78
Community Corrections (P00012223) Community Corrections Specialist II (UNI/119)2,080/$33.4493 Step 24 biweekly $2675.94 69,574.54
Community Corrections (P00012224)Community Corrections Specialist II (UNI/119)2,080/$33.4493 Step 24 biweekly $2675.94 69,574.54
Sheriff (P00012225) Deputy I - Full Time Saturday - Wednesday 2,080/$36.3025 Step 72 biweekly $2904.20 75,509.20
Sheriff Deputy I - Thurs/Fri coverage (16 Hours/week)832/$36.3025 Step 72 biweekly $2904.20 30,203.68
Sheriff Deputy I - Vacation Replacement
Vacation replacement based on full-time Corrections
Deputy I accrual of 220 hours/year, calculated at
regular time of $36.3025/hr 7,986.55
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 $36.3025/hr x
1.5 6,098.82
Indigent Defense - New Position Principal Attorney - Public Defender (UNI/131)2,080/$70.7022 Step 72 biweekly $5656.18 147,060.58
Indigent Defense - New Position Principal Attorney - Public Defender (UNI/131)2,080/$70.7022 Step 72 biweekly $5656.18 147,060.58
Indigent Defense - New Position Assistant Public Defender - Senior (UNI/126)2,080/$53.3144 Step 60 biweekly $4265.15 110,893.95
Indigent Defense - New Position Assistant Public Defender (UNI/122)2,080/$43.8616 Step 60 biweekly $3508.93 91,232.13
Indigent Defense - New Position Assistant Public Defender (UNI/122)2,080/$43.8616 Step 60 biweekly $3508.93 91,232.13
Indigent Defense - New Position Public Defender Paralegal (UNI/116)2,080/$32.7302 Step 60 biweekly $2618.42 68,078.82
Indigent Defense - New Position Public Defender Investigator (UNI/119)2,080/$37.8892 Step 60 biweekly $3031.14 78,809.54
Indigent Defense - New Position Social Worker (UNI/121)2,080/$41.7731 Step 60 biweekly $3341.85 86,888.05
Indigent Defense - New Position Public Defender Legal Secretary - Senior (UNI/114)2,080/$30.8471 Step 72 biweekly $2467.77 64,161.97
Indigent Defense - New Position Principal Attorney - Public Defender (UNI/131)2,080/$70.7022 Step 72 biweekly $5656.18 147,060.58
Category Summary Total 3,410,527.56 3,410,527.56 3,410,527.56
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 2%in FY2025.The County's FY2025 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 FY2025 cost analysis.
We have added multiple attorney and support staff positions to the Public Defender's Office.
Egrams total is $xxx more ($xxxxxxxx)than spreadsheet total due to Egrams rounding to three decimal places for salaries,vs.four on spreadsheet.
Fringe Benefits Percentage (34.6% FT) (31.9% OT)Fixed Direct Contract Charge Variable Amount*State Grant Local Share
Other Funding
Sources Total
Chief Attorney IDSO 0.346 24,080.00 63,044.00
IDSO Administrative Supervisor 0.346 24,058.00 30,255.00
IDSO Financial Services Tech III 0.346 7,975.00 25,047.00
Indigent Defense Specialist - 52-1 0.346 7,975.00 21,971.00
Indigent Defense Specialist - 52-2 0.346 24,058.00 21,970.00
Indigent Defense Specialist - 6th Circuit 0.346 24,072.00 21,969.00
Indigent Defense Specialist - 52-4 0.346 7,975.00 21,971.00
Indigent Defense Specialist - 52-3 0.346 21,405.00 21,263.00
Indigent Defense Specialist - 6th Circuit 0.346 21,405.00 21,263.00
Chief Public Defender 0.346 18,094.00 56,875.00
Deputy Chief PD 0.346 18,094.00 46,979.00
Principal Attorney PD 0.346 18,094.00 42,840.00
Principal Attorney PD 0.346 18,094.00 42,840.00
Senior Assistant PD 0.346 18,094.00 34,096.00
Senior Assistant PD 0.346 18,094.00 34,096.00
Assistant PD 0.346 18,094.00 28,486.00
Assistant PD 0.346 15,973.00 39,868.18
Paralegal 0.346 18,094.00 21,880.00
Legal Secretary 0.346 15,973.00 18,263.90
Investigator 0.346 18,094.00 24,941.00
Social Worker 0.346 15,973.00 31,237.49
Community Corrections Specialist II 0.346 24,080.00 29,195.00
Community Corrections Specialist II 0.346 18,136.00 24,674.00
Deputy I - (OCJ) - Full Time Sat - Wed 0.346 7,975.00 29,559.00
Deputy I - (OCJ) - Thurs/Fri coverage 0.346 13,574.00 10,450.47
Deputy I - Vacation Replacement 0.346 13,574.00 2,763.35
Deputy I - Holiday and Misc. Overtime 0.319 0.00 1,945.52
Principal Attorney PD 0.346 15,973.00 50,882.96
Principal Attorney PD 0.346 15,973.00 50,882.96
Senior Assistant PD 0.346 15,973.00 38,369.31
Assistant PD 0.346 15,973.00 31,566.32
Assistant PD 0.346 15,973.00 31,566.32
Paralegal 0.346 15,973.00 23,555.27
Investigator 0.346 15,973.00 27,268.10
Social Worker 0.346 15,973.00 30,063.26
Legal Secretary 0.346 15,973.00 22,200.04
Principal Attorney Public Defender 0.346 15,973.00 50,882.96
Category Summary 610,837.00 1,126,980.41 1,737,817.41 0.00 0.00 1,737,817.41
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.
14 days x 1 attys x $900 rate
No PD Adjustment 12,600.00
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 $140/hour to take into
account a weekend premium.
104 days x 1 attys x 840 rate
No PD Adjustment 87,360.00
Breakdown of FT Fringe Benefits above for Egrams.These percentages are applied to new or vacant positions,and for occupied positions the actual cost of these benefits for that specific employee is used.
FICA 7.65%
Retirement 24.24%
Disability 1.50%
Unemployment 0.06%
Group Life/Accident 0.26%
Workers Compensation 0.88%
Fringe Benefits for OT Salaries 31.9%
The FY2025 Fringe Benefit rate of 31.9%as a percentage of overtime salary is allocated at 76%to retirement and 24%to FICA.
FY2025 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 -$15,224,Dental -$714.00,Vision -$35.00 =Total -$15,973
Egrams total is xxxx more (xxxxx)than spreadsheet total due to Egrams rounding to three decimal places for salaries vs.four on spreadsheet
Attorneys - private bar
OCJ - arraignment atty - Weekdays. This includes arraignment services for
all third class district courts. This will be paid at a shift rate of $750, which
equates to 6 hours at $125/hour. PD Office covers one attorney on two
days each week.
247 days x 3 attys x $750 rate = $555,750
Minus 104 shifts of PD coverage (-$78,000)477,750.00
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 $750/day, to equate to 6 hours at $125/hour. PD Office
covers one day per week in both 52-3 and 52-4 District Courts.
246 days x 4 attys x $750 rate = $738,000
52 half-days x 1 atty x $375 rate = $19,500
Minus 104 shifts of PD coverage (-$78,000)679,500.00
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 $280 ($140/hour
x 2 hours).
247 days x 1 atty x $280 rate
No PD Adjustment 69,160.00
Attorneys - private bar
Specialty Treatment Courts - (4) 52nd District Courts. There are
approximately 250 dockets per year, with an average of 3 hours spent on
each docket. This will be paid strictly hourly, at the rate of $125/hour, to
avoid any potential under or over billing.
250 dockets x 1 atty x 3 hour average x $125
No PD Adjustment 93,750.00
Attorneys - private bar
Specialty Treatment Courts - Circuit Court. This will be paid at the hourly
rate of $140/hour. The average monthly billings for this has historically
been between 15 - 20 hours.
1 atty x 20 hours/month x 12 months x $140
No PD Adjustment 33,600.00
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
$125/hour with an average of 15 hours.
24 appeals x 20 hours x $125
No PD Adjustment 60,000.00
Attorneys - private bar
Circuit Court Probation Violations. We generate approximately 1,500 VOP
appointments each year. After removing the portion of the caseload
assigned to the PD Office, we anticipate 1,250 VOP case vouchers in FY25,
with an average of 3 hours per case based on FY24 invoices.
1250 cases x 3 hours x $140/hour
PD Office adjustment already factored 525,000.00
Attorneys - private bar Capital Cases
25 trials x 80 hours x $200/hour = $400,000
150 pleas x 50 hours x $200/hour = $1,500,000
2nd Chair Program: 20 cases x 40 hours x $150/hour =
$120,000
PD Office adjustment already factored 2,020,000.00
Attorneys - private bar High Severity Felonies and Hab. 4 Life Cases
50 trials x 50 hours x $150/hour = $375,000
1100 pleas x 20 hours x $150/hour = $3,300,000
PD Office adjustment already factored 3,675,000.00
Attorneys - private bar Low Severity Felonies
2400 dispositions x 15 hours x $140/hour
PD Office adjustment already factored 5,040,000.00
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 $375 for a three-hour docket, and we expect an average
of 3 hours of pre-court prep time per docket. We expect approximately 750
cases per year to continue, based on historical data, which will require on
average another 5 hours of time on each of those cases based on FY24
data.
175 half-day dockets/month x $375 = $787,500
Extra hour for 10% of dockets that run over 3 hours =
$26,250
3 hours of pre-court prep per docket x $125/hour =
$787,500
750 continued cases x 5 additional hours x $125/hour
= $468,750
PD Office adjustment already factored 2,070,000.00
Category Summary 14,843,720.00 12,960,099.26 1,883,620.74 0.00 14,843,720.00
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 100 hrs/month based on FY24
spending.120,000.00
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
This plan continues to pay 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 $375). 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 minimal, 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 $200/hour for capital cases, $150 for Category 2 (High-Severity Felony) and Habitual 4th Life Max cases, $140 for Category 3 and 4 (Low-Severity Felony) cases, and $125 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.
Category Summary 645,000.00 645,000.00 0.00 0.00 645,000.00
Contracts for Construction Projects Services Provided Calculation Total State Grant Local Share
Other Funding
Sources Total
Category Summary 0.00 0.00 0.00 0.00 0.0000
Contracts Other Services Provided Calulation Total State Grant Local Share
Other Funding
Sources Total
Defender Data License fee for DefenderData case management system in the PD Office.
$30/month/user, planned at 23 users to account for
expansion of PD Office in FY24 8,280.00
Legal Research Service LexisNexis
LexisNexis subscription for all PD Office attorneys and
Chief Attorney of IDSO, as an addendum to Oakland
County's existing blanket contract with LexisNexis.
Rate of $940/month for 12 months.11,280.00
Background Check Service ThompsonReuters
Subscription for CLEAR background investigation
software for PD Office investigators. $362.25/month
for 2 users in FY25 per current CLEAR contract with
Oakland County.4,347.00
JusticeText
Cloud-based software for analysis and transcription of audio and video
evidence.
Yearly cost for 20 licenses. Licenses are sold in blocks
of 10.25,680.00
Category Summary 49,587.00 49,587.00 0.00 0.00 49,587.00
Equipment Vendor Calculation Total State Grant Local Share
Other Funding
Sources Total
Category Summary 0.00 0.00 0.00 0.00 0.00
Training/Travel Vendor Calculation Total State Grant Local Share
Other Funding
Sources Total
Attorney Bar Dues State Bar of Michigan
Membership Dues for all attorneys (15 attorneys x
$415)6,225.00
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.
This covers all roster attorneys in Oakland County
including the 3rd class District Courts.175,000.00
CDAM Conference CDAM
Registration fee for up to 100 attorneys for one
CDAM conference at the rate of $600/attorney.60,000.00
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 225 attorneys.16,875.00
We have seen a significant uptick in investigator use in FY24,with approximately 360 hours used through the first quarter of FY24.Budgeting for 100 hours per month in FY25.Given the fact that we expect to see a significant number of Parks and Poole cases come up for resentencing in FY25,we believe that an expert
budget of $525,000 is appropriate,as we are responsible for the expert requests even if the case is being handled by SADO.
Investigator/Social Worker Licenses State of Michigan
License fee for private investigators ($750 each) and
social workers ($113.40 each).1,726.80
NAPD Licenses National Association of Public Defenders
License for all attorneys in our system. Rate for a list
of 151-225 attorneys is $3,500/year per NAPD pricing
structure.3,500.00
Training/Conference for PD Office attorneys Various training conferences
Estimate based on availability of in-state trainings for
PD Office attorneys, investigators, and social workers.15,000.00
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 the actuals
that we have seen with current PD Office employees
in FY24, along with the proposed expansion of the
office in FY25.15,000.00
Category Summary 293,326.80 293,326.80 0.00 0.00 293,326.80
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.40,000.00
Intepreter Fees Various certified foreign language interpreters
Fees to allow attorneys to have an interpreter for out
of court meetings in situations not covered by the
court's language plan.2,500.00
Office Supplies/Postage/Copying Fees
Office supplies, metered and standard mailing postage, copy paper and
copy fees.
Based on $638.61/employee/year cost as compared
to the prosecutor's office ($129,000 total budget with
202 employees). This includes all office supplies, all
postage, and all copy costs.19,796.91
Legal Publications
Court Rules book and Sentencing Guildeines manual (printed) for each
attorney in PD Office.
SGL Annotated - 13x$10
Court Rules - 13x$50 780.00
Computer equipment purchase for new public
defender employees (laptop, docking station, extra
monitor, wireless keyboard/mouse) and additional
two laptops to replace older units.Dell (computer vendor), paid through Info Tech Dept
10 @ $1,931.66
2 @ $1,514 22,344.60
Furniture Purchase for expansion of PD Office
Furniture vendor through Oakland County Facilities existing contracts. This
reflects the total cost ($7,198) for a standard Oakland County office setup.
No single piece of furniture is greater than $1,500 and therefore this is
included in supplies/services rather than equipment.10 units @ 7,198 71,980.00
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.55,450.50
IDSO Appointment and Voucher Database Oakland County IT
The IT Department must expend a number of hours
each quarter supporting, maintaining, and upgrading
the database that we use to make appointments and
pay attorneys. This estimate is based on the actual
hours expended in FY23 and FY24. This is an
equivalent cost to what we woudl be required to pay
in subscription fees if we purchased our database
from an outside vendor.46,623.00
Category Summary 259,475.01 259,475.01 0.00 0.00 259,475.01
Indirect Costs Vendor Calculation Total State Grant Local Share
Other Funding
Sources Total
Indirect Costs
Actual necessary indirect costs based on Maximus
study and analysis of Oakland County internal service
fund charges.
706,836.00
Category Summary 706,836.00 706,836.00 0.00 0.00 706,836.0000
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 21,946,289.78 20,062,669.04 1,883,620.74 0.00 21,239,453.78
Oakland County Indigent DefenseApril 3, 2024
State Law
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 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 52nd District Court.
Appointment Stats
Approximate monthly appointment numbers:
20 capital felony appointments;
400 non-capital felony appointments;
115 felony probation violation appointments;
200 misdemeanor appointments.
We also provide attorneys daily in each of the 52nd District Courts, and in
the Oakland County Jail, to handle arraignments.
Appointment Process
“Hybrid” model;
Percentage of cases assigned to attorney roster
Currently this is approximately 175 attorneys and about 90-95% of our caseload
Percentage of cases assigned to in-house Public Defender’s Office
7 attorneys, currently taking about 5% of our caseload
Public Defender’s Office
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,
investigators, and connections 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 FY25 in the amount of approximately
$20,000,000.
County is legally required to contribute its “local share” which for FY25 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);
Adding 10 more positions in FY25
Experts/Investigators
Investigators:
FY22 – 34 requests, $34,000 committed;
FY23 – 74 requests, $66,000 committed;
FY24 to date – 40 requests, $62,000 committed.
Experts:
FY22 – 45 requests, $150,000 committed;
FY23 – 77 requests, $171,000 committed;
FY24 to date – 54 requests, $222,000 committed.
MIDC Standard 6
Will regulate the number of case appointments that an attorney can
receive in any 365-day period.
150 felony cases, or 400 misdemeanor cases, or a proportional number
for attorneys taking both types of cases.
MIDC Standard 7
Will set uniform requirements for the trial experience that an attorney
must have to take certain levels of cases.
Will mandate increased monitoring of attorneys, which will include
performance reviews and stakeholder surveys.
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