By CECILIA BROWN

Journal Staff Writer

MARQUETTE — Senate Bill 860, a state budget bill regarding indigent defense funding that the Marquette County Board of Commissioners urged legislators to support, has passed in the Senate and been referred to the House Committee on Appropriations.

In April, the board had sent out a letter to legislators asking for their support of SB 860, as a section in the bill seeks to reaffirm the state’s commitment, by law, to fund indigent defense, which provides legal representation to individuals who can’t afford an attorney.

“This budget bill reaffirms the state law on funding Indigent Defense,” the April 13 letter stated. “It further includes important language that states that Michigan Indigent Defense grants are not to be distributed to locals until the full cost to meet the required compliance is funded from state resources.”

County board Chairman Gerald Corkin said he’s pleased to see the bill passed the Senate, but hopes to see the state issue a long-term commitment to funding indigent defense, as the state has issued new and costly requirements for indigent defense, but does not have a long-term funding plan.

“(If) they expect counties to make big expenditures to change the system, there’s going to have to be some guarantee in the Legislation that they’re going to fund it moving forward and not just one year,” Corkin said.

Marquette County, like many other municipalities across the state, fears that the burden of funding indigent defense may fall to local governments if not properly funded by the state, as per Public Act 93.

“It has to be a permanent commitment to the funding if it’s going to be acceptable to the 83 counties,” Corkin said.

Funding the indigent defense program will be more expensive than in the past because of new requirements set in 2017 by the Michigan Indigent Defense Commission.

These requirements seek to improve the quality of the program and are part of a response to a 2007 lawsuit against the state over its approach to indigent defense.

According to PA 93 of 2013, these costs should be partially funded by the state and the burden should not lie solely upon local governments.

Earlier this year, Gov. Synder’s proposed 2019 state budget included budget cuts to state indigent defense funding, which led the county board to issue a March 20 resolution opposing the proposal.

“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,” Corkin said at the March 20 board meeting.

For Marquette County, it could cost more than $600,000 to make the mandated changes, which is why Corkin said the state needs to affirm a long-term commitment.

“It has to be perpetual funding of it, to make all these changes in facilities and hiring that defenders need on a permanent basis,” Corkin said. “It’s a big commitment for counties to make, and they’re not going to do it unless funding is confirmed in perpetuity for going forward.”

Local governments need assurance the funding won’t be there one year and gone the next, Corkin said.

“It’s been the experience of local government, unless there’s something affirmed from the state long term, you don’t know what to expect,” Corkin said.

In light of the uncertainty, Corkin said, Marquette County is “not going to support any unfunded mandates. We made that decision a couple years ago. We’re not going to do it unless there’s an affirmation that it’s going to be paid for.”

Corkin said he and others expressed their concerns about long-term funding of indigent defense to legislators at Friday’s Upper Peninsula Association of County Commissioners Spring Conference.

“(Legislators) all heard similar things from counties — as far as they want to make this change, which could be a positive thing — but the financial commitment has to be affirmed for counties to make these expensive changes,” Corkin said.

Corkin said he feels the message was heard “loud and clear” by the legislators at the conference.

“I think it was a strong message sent from U.P. counties that there needs to be an affirmation of long-term funding,” Corkin said.

Cecilia Brown can be reached at 906-228-2500, ext. 248. Her email address is cbrown@miningjournal.net.