Name: State Bar of Michigan
Address: 306 Townsend St, Lansing, MI, 48933, US
Telephone: +1-517-346-6300

Public Policy Bill Position Detail

Session :
2023-2024
Bill:
SB0425
Sponsor:
Shink, Sue
Title:
Appellate Defender Act, Include Requirement To Defend Youth

Courts: other; duties of the appellate defender; include requirement to defend youth. Amends title & secs. 2, 4, 6 & 7 of 1978 PA 620 (MCL 780.712 et seq.) & adds secs. 1a & 8a.

Positions

State Bar of Michigan

Support with following amendments: Add a new subsection (d) to Section 1a, defining “local contribution” in a manner that incorporates proposed new language in the MIDC Act addressing annually compounding inflationary increases to local costs: (d) "Local contribution" means an indigent defense system’s average annual expenditure for attorney fees and expenses during the first 3 full fiscal years in which the system has complied with the standard procedure established under subsection 8a(2), excluding expenditures reimbursed under subsection 8a(4). If the Consumer Price Index has increased since November 1 of the prior state fiscal year, the local contribution must be adjusted and compounded annually by that number or 3%, whichever is less. Revise Section 8a with reference to the newly defined “local contribution” as follows: (4) Subject to appropriation, if an indigent defense system provides payment to locally appointed private counsel under subsection (2) pursuant to the rates and policies established under subsection (3), the state shall reimburse the system for 1/2 of the cost expenditures to the system. After a system has complied with subsection (2) for 3 full fiscal years, the state shall reimburse the system for all costs expenditures exceeding 1/2 of the system’s average annual pre-reimbursement cost during its first 3 years of compliance the system’s local contribution. It is the intent of the legislature to fully fund this reimbursement.:

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