Michigan Indigent Defense Standards (MIDC)

Michigan Indigent Defense Standards (MIDC)

Michigan law requires public defender offices to meet certain minimum standards to ensure quality legal defense for people who cannot afford an attorney. These standards cover areas such as attorney training, client communication, and access to investigators and experts. Our office fully complies with all applicable MIDC standards.

The Michigan Indigent Defense Commission (MIDC) was created by state legislation in 2013 after an advisory panel recommended major improvements to Michigan’s public defense system. The Commission’s mission is to make sure indigent defense services are fair, effective, and constitutional, while also protecting public safety and ensuring accountability.

The MIDC is responsible for developing, implementing, and monitoring statewide standards, rules, and procedures. Its goal is to guarantee that people who cannot afford an attorney still receive skilled, competent, and effective legal representation.

So far, the Commission has developed eight standards, six of which have already been approved by the Michigan Department of Licensing and Regulatory Affairs (LARA):

• Standard 1 – Training and Education of Counsel
• Standard 2 – Initial Client Interview
• Standard 3 – Use of Investigators and Experts
• Standard 4 – Counsel at First Appearance
• Standard 5 – Independence from the Judiciary
• Standard 8 – Attorney Compensation

You can read more here: Complete MIDC Standards (October 2022).

What the MIDC Standards Mean for You

• Standard 1 – Training and Education of Counsel
  Your public defender must be properly trained and keep up with continuing legal education to give you the best defense possible.
• Standard 2 – Initial Client Interview
  Your lawyer must meet with you quickly after being assigned to your case so they can hear your side of the story and begin preparing right away.
• Standard 3 – Use of Investigators and Experts
  If your case requires an investigator or expert witness, your attorney has the right to use them to strengthen your defense.
• Standard 4 – Counsel at First Appearance
  You will not stand alone at your first court hearing. A lawyer must be present to represent you from the very beginning.
• Standard 5 – Independence from the Judiciary
  Judges cannot control who defends you. Your lawyer works for you, not the court, ensuring your defense is independent and free of outside pressure.
• Standard 6 – (Workload Controls)
  Attorneys must have a reasonable caseload so they have enough time to focus on your case and give it the attention it deserves.
• Standard 7 – (Qualifications and Assignments)
  Your case must be assigned to an attorney with the right level of experience and skills to handle it.
• Standard 8 – Attorney Compensation
  Public defenders must be paid fairly, which helps ensure that lawyers can devote the necessary time and energy to defending you.