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By CECILIA BROWN
Journal Staff Writer
MARQUETTE -- Following Gov. Rick Snyder's proposed adjustments to the Michigan's indigent defense program for fiscal year 2019, the Marquette County Board of Commissioners unanimously passed a resolution Tuesday opposing the governor's proposal, stating it would unfairly shift financial burdens from the state onto counties.
The indigent defense program provides legal representation to individuals who can't afford an attorney.
"The governor's proposal for the fiscal 2019 budget included financial provisions for indigent defense that would increase the burden on the counties and does not uphold the state's responsibilities in providing service," board chairman Gerald Corkin said. "(The resolution) includes talking points that would be sent to lawmakers and urge them to properly fund indigent defense fund as per PA 93 of 2013."
Public Act 93 of 2013 stems from the state being sued in 2007 over its approach to indigent defense. The case was settled out of court, with one of the provisions being that Michigan's standards for indigent defense should change.
In 2013, the state Legislature created the Michigan Indigent Defense Commission per PA 93 of 2013, with the goal of establishing a system that would allow Michigan to meet the settlement's criteria.
In 2017, the MIDC issued new standards to continue to address the concerns addressed in the lawsuit about indigent defense in Michigan.
The four new standards, according to a document outlining indigent defense planning for Marquette County, regard education and training of the defense counsel; the initial client interview with counsel; defense investigation and experts; and ensuring defense counsel is present at first appearance in court and other critical stages.
The standards were approved on May 22 by the Department of Licensing and Regulatory Affairs, which gave counties until Nov. 20 to come up with a plan to comply with the new standards, which would be proposed to the MIDC.
However, the new standards mean an increase in costs for indigent defense, which, according to PA 93 of 2013, should be partially funded by the state.
"Under state law, the state will pay for the difference in cost between any proposal made to the MIDC and a three-year average of existing costs (the local share)," according to county documents. "For Marquette County, the local share is $224,971. If the Michigan Legislature does not fund the compliance plans, the county will not be required to meet the standards."
Marquette County Administrator Scott Erbisch said, "With the changes, with what's being proposed by the government … those fixed amounts (are) increasingly significantly. We all feel that they're not adhering to what the statute requires, and it is shifting those costs onto the locals, which was not intended by the statute."
The resolution passed by the board states its belief that individuals shouldn't be denied equal access to legal representation and due justice because of financial status, and board members believe the state is trying to back out of its statutory obligation due to the higher-than-expected costs of implementation through county compliance programs.
This is why the proposed budget cuts to indigent defense for 2019 are of such concern to the board.
"Unfortunately, even if we don't have to pay it, that just leaves a festering problem, a need that's being unmet … As someone who's practiced law for 48 years, it's always bothered me that the system works so well for people who can afford it and that there are many people who cannot afford (defense attorneys), and they get the short end of the stick when it comes to receiving justice in most cases," Commissioner Stephen Adamini said.
According to Erbisch, the MIDC was to review the county's plan on Friday. Erbisch could not be reached for an update on the MIDC's review of the county plan Friday afternoon.
Cecilia Brown can be reached at 906-228-2500, ext. 248. Her email address is cbrown@miningjournal .net.