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2013 House Bill 4529: Establish and impose minimum indigent defense standards

Public Act 93 of 2013

  1. Introduced by Rep. Tom McMillin (R) on April 10, 2013, to create a Michigan indigent defense commission to establish statewide standards and accountability measures for court-appointed attorneys who represent indigent criminal defendants, and establish a process by which all counties in the state would be required to conform with the standards. If a local failed to adopt them, the commission could take over its indigent defense administration, and impose a gradually increasing portion of the state’s costs for this, up to 40 percent. Locals would be responsible for maintaining funding at current levels, and all this would be subject to a detailed mediation and appeals process. The bill authorizes but does not fund state grants to cover increased costs.
    • Referred to the House Criminal Justice Committee on April 10, 2013.
      • Reported in the House on May 22, 2013, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
    • Substitute offered in the House on June 13, 2013. The substitute passed by voice vote in the House on June 13, 2013.
    • Amendment offered by Rep. Tom McMillin (R) on June 13, 2013. The amendment passed by voice vote in the House on June 13, 2013.
  2. Passed 101 to 6 in the House on June 13, 2013, to create a Michigan indigent defense commission to establish statewide standards and accountability measures for court-appointed attorneys who represent indigent criminal defendants, and if the state Supreme Court agrees, establish procedures by which an agency would be created to enforce expeditious adoption of the standards in local jurisdictions. If a local failed to adopt them, this agency would take over its indigent defense administration, and impose a gradually increasing portion of the state’s costs for this, up to 40 percent. Local governments would be responsible for maintaining funding at current levels. The bill authorizes but does not fund state grants to cover increased costs.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the Senate on June 18, 2013.
    • Referred to the Senate on June 18, 2013.
  4. Passed 33 to 4 in the Senate on June 19, 2013, to create a Michigan indigent defense commission to establish statewide standards and accountability measures for court-appointed attorneys who represent indigent criminal defendants, and establish a process by which all counties in the state would be required to conform with the standards. If a local failed to adopt them, the commission could take over its indigent defense administration, and impose a gradually increasing portion of the state’s costs for this, up to 40 percent. Locals would be responsible for maintaining funding at current levels, and all this would be subject to a detailed mediation and appeals process. The bill authorizes but does not fund state grants to cover increased costs.
    Who Voted "Yes" and Who Voted "No"

  5. Signed by Gov. Rick Snyder on July 1, 2013.

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