Membership Meeting Notes

Dear MCBA Members,

This communication is to clear up any confusion regarding our previous communication regarding the status of indigent defense with Macomb County funded courts, (16th Circuit, 41-1 and 41-2).

The Michigan Indigent Defense Commission has approved Standard 5, Independence of the Judiciary.  The MIDC Act requires the agency to establish minimum standards, rules, and procedures to adhere to the following: “The delivery of indigent criminal defense services shall be independent of the judiciary but ensure that the judges of this state are permitted and encouraged to contribute information and advice concerning that delivery of indigent criminal defense services.” MCL 780.991 (1)(a).

As part of compliance with Standard 5, Macomb County created the Macomb County Public Defender Office.  The Public Defender office has taken over the administration of indigent defense for county funded courts.  As such, the court's Local Administrative Order pertaining to indigent defense is no longer in effect.  This includes required membership in the local bar to receive county funded appointments.

The Public Defender Office has put forth the following Eligibility and General Rules for Roster Attorneys.

ELIGIBILITY AND GENERAL RULES FOR ROSTER ATTORNEYS
A. Roster Attorneys must be members in good standing of the State Bar of Michigan.
All Roster Attorneys have a continuing duty to notify the Macomb County Office of Public Defender of any change in status or discipline actions which affect their license to practice.

B. Roster Attorneys are encouraged to be members of the Macomb County Bar Association, (MCBA) and Criminal Defense Association of Michigan (CDAM) and Criminal Defense Resource Center, (CDRC).
Members of MCBA receive notices concerning required CLE seminars, invitations to Criminal Defense Committee Meetings, general membership meetings, and receive periodic notifications about criminal indigent practice and requirements from the Macomb County Office of Public Defender. (By way of example, the current procedure/policies for requesting Deviations from the Prosecutor’s Office in Macomb County was communicated to MCBA members, and those non-members may not be aware of the newest procedures/policies). The benefits of being a MCBA member include keeping up to date on new issues in criminal practice, notifications of contract opportunities, opportunities at Bench Bar Conferences, staying up do date about CLE credits, notices about e-filing, social opportunities, and other benefits. You may visit www.macombbar.org for additional information.

Members of CDAM receive notifications about CLE seminars and training, information about current state of the law and upcoming law and court rule changes, provide networking opportunities, and provide CLE presenter opportunities to criminal defense practitioners. You m ay visit www.cdam.wildapricot.org for additional information.

CDRC offers resources, services, and trainings to criminal defense practitioners throughout the state, including expert resources, expert transcripts, model pleadings, and model briefs. Links to SADO’s print resources are found there and they may be purchased by subscribers and non-subscribers. For FY 2020-21, there is a negotiated membership for Roster Attorneys on appointment lists in Macomb County. This may continue if it is sufficiently utilized by Roster Attorneys, and is subject to cancellation at any time. Visit www.SADO.org for additional information.