SB-1187, As Passed House, December 18, 2018
SB-1187, As Passed Senate, November 29, 2018
SENATE BILL No. 1187
November 8, 2018, Introduced by Senator KNOLLENBERG and referred to the Committee on Judiciary.
A bill to amend 2013 PA 93, entitled
"Michigan indigent defense commission act,"
by amending section 7 (MCL 780.987), as amended by 2018 PA 214.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. (1) The MIDC includes 18 voting members and the ex
officio member described in subsection (2). The 18 voting members
shall be appointed by the governor for terms of 4 years, except as
provided in subsection (4). Subject to subsection (3), the governor
shall appoint members under this subsection as follows:
(a) Two members submitted by the speaker of the house of
representatives.
(b) Two members submitted by the senate majority leader.
(c) One member from a list of 3 names submitted by the supreme
court chief justice.
(d) Three members from a list of 9 names submitted by the
Criminal Defense Attorneys of Michigan.
(e) One member from a list of 3 names submitted by the
Michigan Judges Association.
(f) One member from a list of 3 names submitted by the
Michigan District Judges Association.
(g) One member from a list of 3 names submitted by the State
Bar of Michigan.
(h) One member from a list of names submitted by bar
associations whose primary mission or purpose is to advocate for
minority interests. Each bar association described in this
subdivision may submit 1 name.
(i) One member from a list of 3 names submitted by the
Prosecuting Attorneys Association of Michigan who is a former
county prosecuting attorney or former assistant county prosecuting
attorney.
(j) One member selected to represent the general public.
(k) One member Two members representing the funding unit of a
circuit court from a list of 3 6 names submitted by the Michigan
Association of Counties.
(l) One member representing the funding unit of a district
court from a list of 3 names submitted by the Michigan Township
Townships Association or the Michigan Municipal League. The
Michigan Townships Association and the Michigan Municipal League
shall alternate in submitting a list as described under this
subdivision. For the first appointment after the effective date of
the amendatory act that amended this subdivision, the Michigan
Municipal League shall submit a list as described under this
subdivision for consideration for the appointment. For the second
appointment after the effective date of the amendatory act that
amended this subdivision, the Michigan Townships Association shall
submit a list as described under this subdivision for consideration
for the appointment.
(m) One member representing the funding unit of a district
court of the third class from a list of 3 names submitted by the
Michigan Municipal League.
(m) (n) One member from a list of 3 names submitted by the
state budget office.
(2) The supreme court chief justice or his or her designee
shall serve as an ex officio member of the MIDC without vote.
(3) Individuals nominated for service on the MIDC as provided
in subsection (1) must have significant experience in the defense
or prosecution of criminal proceedings or have demonstrated a
strong commitment to providing effective representation in indigent
criminal defense services. Of the members appointed under this
section, the governor shall appoint no fewer than 2 individuals who
are not licensed attorneys. Any individual who receives
compensation from this state or an indigent criminal defense system
for providing prosecution of or representation to indigent adults
in state courts is ineligible to serve as a member of the MIDC. Not
more than 3 judges, whether they are former judges or sitting
judges, shall serve on the MIDC at the same time. The governor may
reject the names submitted under subsection (1) and request
additional names.
(4) MIDC members shall hold office until their successors are
appointed. The terms of the members must be staggered. Initially, 4
members must be appointed for a term of 4 years each, 4 members
must be appointed for a term of 3 years each, 4 members must be
appointed for a term of 2 years each, and 3 members must be
appointed for a term of 1 year each.
(5) The governor shall fill a vacancy occurring in the
membership of the MIDC in the same manner as the original
appointment, except if the vacancy is for an appointment described
in subsection (1)(d), the source of the nomination shall submit a
list of 3 names for each vacancy. However, if the senate majority
leader or the speaker of the house of representatives is the source
of the nomination, 1 name must be submitted. If an MIDC member
vacates the commission before the end of the member's term, the
governor shall fill that vacancy for the unexpired term only.
(6) The governor shall appoint 1 of the original MIDC members
to serve as chairperson of the MIDC for a term of 1 year. At the
expiration of that year, or upon the vacancy in the membership of
the member appointed chairperson, the MIDC shall annually elect a
chairperson from its membership to serve a 1-year term. An MIDC
member shall not serve as chairperson of the MIDC for more than 3
consecutive terms.
(7) MIDC members shall not receive compensation in that
capacity but must be reimbursed for their reasonable actual and
necessary expenses by the state treasurer.
(8) The governor may remove an MIDC member for incompetence,
dereliction of duty, malfeasance, misfeasance, or nonfeasance in
office, or for any other good cause.
(9) A majority of the MIDC voting members constitute a quorum
for the transaction of business at a meeting of the MIDC. A
majority of the MIDC voting members are required for official
action of the commission.
(10) Confidential case information, including, but not limited
to, client information and attorney work product, is exempt from
disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.