By Karen Phillips, Indigent Defense Administrator, 29th Circuit Court (Clinton and Gratiot Counties)
The Michigan Indigent Defense Commission’s (MIDC) first four standards seek to increase the quality of indigent representation in the adult criminal system. These standards do not focus on individual attorneys, but rather, the entire indigent defense system in Michigan as a whole. Each county selected a representation method bested suited to their needs, including public defender offices, managed assigned counsels, or contract systems.
I am the Indigent Defense Administrator for Clinton and Gratiot counties and want to briefly share our experiences with implementing a managed assigned counsel system. The 29th Circuit Court is a joint circuit, with each county holding a district court: 65A in Clinton County and 65B in Gratiot County. Despite practicing law for 13 years, I quickly realized my knowledge of the court system was only the tip of the iceberg. I certainly knew how to represent clients; however, I needed to learn not only what it took to run a court, but to run a court as smoothly as possible. I dedicated my first few months to learning the processes in both counties, as well as any concerns either had about implementing the standards.
Requiring counsel at first appearance in all adult criminal cases has been the most involved standard and it significantly affected the district courts. In order to implement the standard, the courts modified their processes and changed arraignment schedules to permit attorney consultation with defendants before their actual arraignment. Attorneys also needed to learn – myself included – the proper amount of time to meet with each defendant, what should be covered in the meetings, and – perhaps more importantly – what should not be covered in the meetings.
The courts still need to manage their docket in a timely manner, which was delayed to some extent by the meetings and arguments for bond during the actual arraignment. This standard also impacted the sheriff’s office by coordinating attorney-client meetings prior to in-custody arraignments. Furthermore, the sheriff’s office transporting an inmate to court or having an extra deputy present for an attorney-client meeting could leave them short staffed – especially when working in a historic courthouse that does not have a holding cell. The courts and staff were very helpful and accommodating to accomplish this objective.
We implemented this standard in April, and, reflecting upon our progress, attorneys are becoming comfortable with prearraignment meetings and making arguments for bond. From a scheduling standpoint, more cases are being set for pretrial conferences that might have otherwise resulted in a guilty plea at arraignment. This, in turn, changes the tracking of cases for the courts and prosecutor’s office. Nonetheless, I receive many thanks from defendants for explaining the process to them.
We ironed out some wrinkles during our implementation and will continue to do so. The standards certainly have an impact on court scheduling and processes, but I hope that over time we can continue to minimize that impact. These changes have opened my eyes to everything that goes on behind the scenes of a court and all that the clerks are required to do. I have shared some of this with the attorneys I work with and will continue to do so. I wish more attorneys knew what I now know, and thought I knew before beginning this amazing adventure.
Interested in learning more about implementing indigent defense standards? Contact Karen Phillips at phillipsk@clinton-county.org.
Karen Phillips is the
Indigent Defense Administrator for Clinton and Gratiot Counties since January,
2019. This is a newly created position as a result of the changes set forth by
the Michigan Indigent Defense Commission. Prior to holding this position she was in
private practice since 2006 and focused her practice on criminal defense,
family law, and driver’s license restorations. Ms. Phillips graduated cum laude from Cooley
Law School in May, 2006, and passed the Michigan Bar Examination in July of
that same year.