Local Variation in the Development of Delivery Models for Counsel at First Appearance

• In Event: Policy Panel: Addressing Barriers to Access to Counsel in Criminal Courts

Abstract

Originally established through legislation in 2013, the Michigan Indigent Defense Commission (MIDC) has a mandate to create minimum standards to ensure all systems providing indigent defense in the state of Michigan meet constitutional obligations for effective assistance of counsel. As part of its first set of standards, the MIDC will be recommending that court systems assign counsel to defendants as soon as they are determined to be eligible for indigent criminal defense services. This standard aims to ensure that indigent defendants have counsel at first appearance and all other critical stages of the court process. The current paper examines how local courts respond to the new state requirements through an exploration of their “compliance plans,” locally designed blueprints for reform. Through an analysis of this formal documentation as well as informal conversations with local stakeholders, the project assesses how practitioners address state mandates by anticipating challenges and designing solutions. The paper attempts to capture the impact of local characteristics on the nuanced and varied plans for reform developed by courts.

Authors

• Jonah Siegel, Michigan Indigent Defense Commission

• Chris Sadler, Michigan Indigent Defense Commission

• Jeanette Hussemann, Urban Institute