The House Judiciary Indigent Defense Subcommittee began holding hearings on Tuesday on proposed legislation (PDF) to improve Michigan’s public defender system. The bill would create a seven-member public defender commission to oversee an overhaul of the state’s public defender system, which studies show is broken to the point of being a constitutional violation.
The commission would be empowered to set up a new system, dividing the state into no more than four regions. Each region would then oversee the contracting and assignment of public defenders within the region as the courts request them in each individual case. The commission would also appoint a new Chief Public Defender for the state to administer the program.
The bill also requires that the commission establish statewide standards for the qualification and training of public defenders and establish standards governing case loads, access to paralegal and investigative services, monitoring and review, rules of conduct and continuing education.
The legislation also creates a public defender fund as a separate fund within the Department of the Treasury to be used solely for the operation of the public defender system. The funding would come from a proposed 5% fee on all bail amounts and a $135 fee for all adult defendants placed on probation in the state.