MICHIGAN INDIGENT DEFENSE COMMISSION ACT
Act 93 of 2013
780.991 MIDC; establishment of minimum standards, rules, and procedures; principles; application for, and appointment of, indigent criminal defense services; requirements; partially indigent; objective standards.
Sec. 11.
(1) The MIDC shall establish minimum standards, rules, and procedures to effectuate the following:
(a) The delivery of indigent criminal defense services must 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.
(b) If the caseload is sufficiently high, indigent criminal defense services may consist of both an indigent criminal defender office and the active participation of other members of the state bar.
(c) Trial courts shall assure that each criminal defendant is advised of his or her right to counsel. All adults, except those appearing with retained counsel or those who have made an informed waiver of counsel, must be screened for eligibility under this act, and counsel must be assigned as soon as an indigent adult is determined to be eligible for indigent criminal defense services.
(2) The MIDC shall implement minimum standards, rules, and procedures to guarantee the right of indigent defendants to the assistance of counsel as provided under amendment VI of the Constitution of the United States and section 20 of article I of the state constitution of 1963. In establishing minimum standards, rules, and procedures, the MIDC shall adhere to the following principles:
(a) Defense counsel is provided sufficient time and a space where attorney-client confidentiality is safeguarded for meetings with defense counsel's client.
(b) Defense counsel's workload is controlled to permit effective representation. Economic disincentives or incentives that impair defense counsel's ability to provide effective representation must be avoided. The MIDC may develop workload controls to enhance defense counsel's ability to provide effective representation.
(c) Defense counsel's ability, training, and experience match the nature and complexity of the case to which he or she is appointed.
(d) The same defense counsel continuously represents and personally appears at every court appearance throughout the pendency of the case. However, indigent criminal defense systems may exempt ministerial, nonsubstantive tasks, and hearings from this prescription.
(e) Indigent criminal defense systems employ only defense counsel who have attended continuing legal education relevant to counsels' indigent defense clients.
(f) Indigent criminal defense systems systematically review defense counsel at the local level for efficiency and for effective representation according to MIDC standards.
(3) The following requirements apply to the application for, and appointment of, indigent criminal defense services under this act:
(a) A preliminary inquiry regarding, and the determination of, the indigency of any defendant, including a determination regarding whether a defendant is partially indigent, for purposes of this act must be made as determined by the indigent criminal defense system not later than at the defendant's first appearance in court. The determination may be reviewed by the indigent criminal defense system at any other stage of the proceedings. In determining whether a defendant is entitled to the appointment of counsel, the indigent criminal defense system shall consider whether the defendant is indigent and the extent of his or her ability to pay. Factors to be considered include, but are not limited to, income or funds from employment or any other source, including personal public assistance, to which the defendant is entitled, property owned by the defendant or in which he or she has an economic interest, outstanding obligations, the number and ages of the defendant's dependents, employment and job training history, and his or her level of education. A trial court may play a role in this determination as part of any indigent criminal defense system's compliance plan under the direction and supervision of the supreme court, consistent with section 4 of article VI of the state constitution of 1963. If an indigent criminal defense system determines that a defendant is partially indigent, the indigent criminal defense system shall determine the amount of money the defendant must contribute to his or her defense. An indigent criminal defense system's determination regarding the amount of money a partially indigent defendant must contribute to his or her defense is subject to judicial review. Nothing in this act prevents a court from making a determination of indigency for any purpose consistent with article VI of the state constitution of 1963.
(b) A defendant is considered to be indigent if he or she is unable, without substantial financial hardship to himself or herself or to his or her dependents, to obtain competent, qualified legal representation on his or her own. Substantial financial hardship is rebuttably presumed if the defendant receives personal public assistance, including under the food assistance program, temporary assistance for needy families, Medicaid, or disability insurance, resides in public housing, or earns an income less than 140% of the federal poverty guideline. A defendant is also rebuttably presumed to have a substantial financial hardship if he or she is currently serving a sentence in a correctional institution or is receiving residential treatment in a mental health or substance abuse facility.
(c) A defendant not falling below the presumptive thresholds described in subdivision (b) must be subjected to a more rigorous screening process to determine if his or her particular circumstances, including the seriousness of the charges being faced, his or her monthly expenses, and local private counsel rates would result in a substantial hardship if he or she were required to retain private counsel.
(d) A determination that a defendant is partially indigent may only be made if the indigent criminal defense system determines that a defendant is not fully indigent. An indigent criminal defense system that determines a defendant is not fully indigent but may be partially indigent must utilize the screening process under subdivision (c). The provisions of subdivision (e) apply to a partially indigent defendant.
(e) The MIDC shall promulgate objective standards for indigent criminal defense systems to determine whether a defendant is indigent or partially indigent. These standards must include availability of prompt judicial review, under the direction and supervision of the supreme court, if the indigent criminal defense system is making the determination regarding a defendant's indigency or partial indigency.
(f) The MIDC shall promulgate objective standards for indigent criminal defense systems to determine the amount a partially indigent defendant must contribute to his or her defense. The standards must include availability of prompt judicial review, under the direction and supervision of the supreme court, if the indigent criminal defense system is making the determination regarding how much a partially indigent defendant must contribute to his or her defense.
(g) A defendant is responsible for applying for indigent defense counsel and for establishing his or her indigency and eligibility for appointed counsel under this act. Any oral or written statements made by the defendant in or for use in the criminal proceeding and material to the issue of his or her indigency must be made under oath or an equivalent affirmation.
(4) The MIDC shall establish standards for trainers and organizations conducting training that receive MIDC funds for training and education. The standards established under this subsection must require that the MIDC analyze the quality of the training, and must require that the effectiveness of the training be capable of being measured and validated.
(5) An indigent criminal defense system may include in its compliance plan a request that the MIDC serve as a clearinghouse for experts and investigators. If an indigent criminal defense system makes a request under this subsection, the MIDC may develop and operate a system for determining the need and availability for an expert or investigator in individual cases.
History: 2013, Act 93, Imd. Eff. July 1, 2013 ;-- Am. 2016, Act 439, Imd. Eff. Jan. 4, 2017 ;-- Am. 2018, Act 214, Eff. Dec. 23, 2018
Notes of Decisions
Cnty. of Oakland v. State of Michigan, 926 N.W.2d 11 (Mich. Ct. App. 2018).
· cites it 15× “989(1) ; MCL 780.991(1). In addition, the act establishes that the quality of representation required of appointed defense attorneys is defined by caselaw regarding the effective assistance of counsel, not by statutory or regulatory standards.”
Cnty. of Oakland v. State of Michigan (Mich. Ct. App. 2018).
· cites it 15× “989(1); MCL 780.991(1). In addition, the act establishes that the quality of representation required of appointed defense attorneys is defined -7- by caselaw regarding the effective assistance of counsel, not by statutory or regulatory standards.”
in Re Attorney Fees of Kenneth M Malkin (Mich. Ct. App. 2018).
· cites it 4× “See MCL 780.991(1)(a). Considering that the MIDC is in the process of developing a standard pertaining to the compensation for assigned counsel, and that the Supreme Court has declined to adopt a specific formula for determining reasonable compensation, we will not hold that…”
in Re Attorney Fees of Kenneth M Malkin (Mich. Ct. App. 2018).
· cites it 4× “See MCL 780.991(1)(a). Considering that the MIDC is in the process of developing a standard pertaining to the compensation for assigned counsel, and that the Supreme Court has declined to adopt a specific formula for determining reasonable compensation, we will not hold that…”
People of Michigan v. Joshua Anthony Sedgeman (Mich. Ct. App. 2022).
· cites it 4× “983(h); MCL 780.991(3)(a). Factors to consider in determining indigency include income from employment or other sources, whether the defendant receives public assistance, whether the defendant owns property or other economic interests, whether the defendant has outstanding…”
20250128_C368474_29_368474.Opn.Pdf (Mich. Ct. App. 2025).
· cites it 4× “The trial court then entered an amended judgment of sentence to reflect that the assessment of $850 was for attorney fees and not court costs.”
in Re Attorney Fees of Susan K Walsh (Mich. Ct. App. 2019).
· cites it 2× “MCL 780.991(1). The MIDCA provides, in part, that “[e]conomic disincentives or incentives that impair defense counsel's ability to provide effective representation shall be avoided.”
Ward 162169 v. Tharp (W.D. Mich. 2019).
· cites it 2× “Mich. Comp. Laws Ann. § 780.991 . The Court concludes that Plaintiffs’ claims for injunctive relief are moot because the creation of the MIDC forecloses the possibility that an ongoing official policy or practice urging unconstitutional conduct of the sort alleged by Plaintiffs.”
People of Michigan v. Damon Earl Warner (Mich. 2024).
· cites it 2× “005(B), which applies to a defendant’s request for an attorney, sets out factors for a court to consider when making an indigency determination if that determination is not made by the indigent criminal defense system pursuant to MCL 780.991(3). But defendant never applied for…”
People of Michigan v. Donell Willie-Terrell Ivey (Mich. Ct. App. 2024).
· cites it 2× “MCL 780.991(3)(a) states in relevant part that an “indigent criminal defense system”8 must determine whether a defendant is indigent as part of “determining whether a defendant is entitled to the appointment of counsel[.”
People of Michigan v. Sonya Javah Moore (Mich. Ct. App. 2025).
· cites it 2× “The Michigan Indigent Defense Commission (MIDC), is charged with “promulgat[ing] objective standards for indigent criminal defense systems to determine whether a defendant is indigent or partially indigent,” MCL 780.991(3)(e), and determining “the amount a partially indigent…”
People of Michigan v. Brian Paul Timko (Mich. Ct. App. 2016).
“Appellant also argues that the trial court violated defendant’s Sixth Amendment right to the effective assistance of counsel in paying appellant only $700 in fees.”
— Mich. Comp. Laws § 780.991(1) — 3 cases
Cnty. of Oakland v. State of Michigan, 926 N.W.2d 11 (Mich. Ct. App. 2018).
“989(1) ; MCL 780.991(1). In addition, the act establishes that the quality of representation required of appointed defense attorneys is defined by caselaw regarding the effective assistance of counsel, not by statutory or regulatory standards.”
Cnty. of Oakland v. State of Michigan (Mich. Ct. App. 2018).
“989(1); MCL 780.991(1). In addition, the act establishes that the quality of representation required of appointed defense attorneys is defined -7- by caselaw regarding the effective assistance of counsel, not by statutory or regulatory standards.”
in Re Attorney Fees of Susan K Walsh (Mich. Ct. App. 2019).
“MCL 780.991(1). The MIDCA provides, in part, that “[e]conomic disincentives or incentives that impair defense counsel's ability to provide effective representation shall be avoided.”
— Mich. Comp. Laws § 780.991(1)(a) — 4 cases
Cnty. of Oakland v. State of Michigan, 926 N.W.2d 11 (Mich. Ct. App. 2018).
“989(1) ; MCL 780.991(1). In addition, the act establishes that the quality of representation required of appointed defense attorneys is defined by caselaw regarding the effective assistance of counsel, not by statutory or regulatory standards.”
Cnty. of Oakland v. State of Michigan (Mich. Ct. App. 2018).
“989(1); MCL 780.991(1). In addition, the act establishes that the quality of representation required of appointed defense attorneys is defined -7- by caselaw regarding the effective assistance of counsel, not by statutory or regulatory standards.”
in Re Attorney Fees of Kenneth M Malkin (Mich. Ct. App. 2018).
“See MCL 780.991(1)(a). Considering that the MIDC is in the process of developing a standard pertaining to the compensation for assigned counsel, and that the Supreme Court has declined to adopt a specific formula for determining reasonable compensation, we will not hold that…”
in Re Attorney Fees of Kenneth M Malkin (Mich. Ct. App. 2018).
“See MCL 780.991(1)(a). Considering that the MIDC is in the process of developing a standard pertaining to the compensation for assigned counsel, and that the Supreme Court has declined to adopt a specific formula for determining reasonable compensation, we will not hold that…”
— Mich. Comp. Laws § 780.991(1)(c) — 2 cases
Cnty. of Oakland v. State of Michigan, 926 N.W.2d 11 (Mich. Ct. App. 2018).
“989(1) ; MCL 780.991(1). In addition, the act establishes that the quality of representation required of appointed defense attorneys is defined by caselaw regarding the effective assistance of counsel, not by statutory or regulatory standards.”
Cnty. of Oakland v. State of Michigan (Mich. Ct. App. 2018).
“989(1); MCL 780.991(1). In addition, the act establishes that the quality of representation required of appointed defense attorneys is defined -7- by caselaw regarding the effective assistance of counsel, not by statutory or regulatory standards.”
— Mich. Comp. Laws § 780.991(2) — 3 cases
in Re Attorney Fees of Kenneth M Malkin (Mich. Ct. App. 2018).
“See MCL 780.991(1)(a). Considering that the MIDC is in the process of developing a standard pertaining to the compensation for assigned counsel, and that the Supreme Court has declined to adopt a specific formula for determining reasonable compensation, we will not hold that…”
in Re Attorney Fees of Kenneth M Malkin (Mich. Ct. App. 2018).
“See MCL 780.991(1)(a). Considering that the MIDC is in the process of developing a standard pertaining to the compensation for assigned counsel, and that the Supreme Court has declined to adopt a specific formula for determining reasonable compensation, we will not hold that…”
— Mich. Comp. Laws § 780.991(2)(b) — 4 cases
People of Michigan v. Brian Paul Timko (Mich. Ct. App. 2016).
“Appellant also argues that the trial court violated defendant’s Sixth Amendment right to the effective assistance of counsel in paying appellant only $700 in fees.”
in Re Attorney Fees of Kenneth M Malkin (Mich. Ct. App. 2018).
“See MCL 780.991(1)(a). Considering that the MIDC is in the process of developing a standard pertaining to the compensation for assigned counsel, and that the Supreme Court has declined to adopt a specific formula for determining reasonable compensation, we will not hold that…”
in Re Attorney Fees of Kenneth M Malkin (Mich. Ct. App. 2018).
“See MCL 780.991(1)(a). Considering that the MIDC is in the process of developing a standard pertaining to the compensation for assigned counsel, and that the Supreme Court has declined to adopt a specific formula for determining reasonable compensation, we will not hold that…”
in Re Attorney Fees of Susan K Walsh (Mich. Ct. App. 2019).
“MCL 780.991(1). The MIDCA provides, in part, that “[e]conomic disincentives or incentives that impair defense counsel's ability to provide effective representation shall be avoided.”
— Mich. Comp. Laws § 780.991(2)(d) — 3 cases
Cnty. of Oakland v. State of Michigan, 926 N.W.2d 11 (Mich. Ct. App. 2018).
“989(1) ; MCL 780.991(1). In addition, the act establishes that the quality of representation required of appointed defense attorneys is defined by caselaw regarding the effective assistance of counsel, not by statutory or regulatory standards.”
Cnty. of Oakland v. State of Michigan (Mich. Ct. App. 2018).
“989(1); MCL 780.991(1). In addition, the act establishes that the quality of representation required of appointed defense attorneys is defined -7- by caselaw regarding the effective assistance of counsel, not by statutory or regulatory standards.”
— Mich. Comp. Laws § 780.991(3) — 2 cases
20250128_C368474_29_368474.Opn.Pdf (Mich. Ct. App. 2025).
“The trial court then entered an amended judgment of sentence to reflect that the assessment of $850 was for attorney fees and not court costs.”
People of Michigan v. Damon Earl Warner (Mich. 2024).
“005(B), which applies to a defendant’s request for an attorney, sets out factors for a court to consider when making an indigency determination if that determination is not made by the indigent criminal defense system pursuant to MCL 780.991(3). But defendant never applied for…”
— Mich. Comp. Laws § 780.991(3)(a) — 4 cases
Cnty. of Oakland v. State of Michigan, 926 N.W.2d 11 (Mich. Ct. App. 2018).
“989(1) ; MCL 780.991(1). In addition, the act establishes that the quality of representation required of appointed defense attorneys is defined by caselaw regarding the effective assistance of counsel, not by statutory or regulatory standards.”
Cnty. of Oakland v. State of Michigan (Mich. Ct. App. 2018).
“989(1); MCL 780.991(1). In addition, the act establishes that the quality of representation required of appointed defense attorneys is defined -7- by caselaw regarding the effective assistance of counsel, not by statutory or regulatory standards.”
People of Michigan v. Joshua Anthony Sedgeman (Mich. Ct. App. 2022).
“983(h); MCL 780.991(3)(a). Factors to consider in determining indigency include income from employment or other sources, whether the defendant receives public assistance, whether the defendant owns property or other economic interests, whether the defendant has outstanding…”
People of Michigan v. Donell Willie-Terrell Ivey (Mich. Ct. App. 2024).
“MCL 780.991(3)(a) states in relevant part that an “indigent criminal defense system”8 must determine whether a defendant is indigent as part of “determining whether a defendant is entitled to the appointment of counsel[.”
— Mich. Comp. Laws § 780.991(3)(e) — 1 case
People of Michigan v. Sonya Javah Moore (Mich. Ct. App. 2025).
“The Michigan Indigent Defense Commission (MIDC), is charged with “promulgat[ing] objective standards for indigent criminal defense systems to determine whether a defendant is indigent or partially indigent,” MCL 780.991(3)(e), and determining “the amount a partially indigent…”
— Mich. Comp. Laws § 780.991(3)(f) — 3 cases
People of Michigan v. Joshua Anthony Sedgeman (Mich. Ct. App. 2022).
“983(h); MCL 780.991(3)(a). Factors to consider in determining indigency include income from employment or other sources, whether the defendant receives public assistance, whether the defendant owns property or other economic interests, whether the defendant has outstanding…”
20250128_C368474_29_368474.Opn.Pdf (Mich. Ct. App. 2025).
“The trial court then entered an amended judgment of sentence to reflect that the assessment of $850 was for attorney fees and not court costs.”
People of Michigan v. Sonya Javah Moore (Mich. Ct. App. 2025).
“The Michigan Indigent Defense Commission (MIDC), is charged with “promulgat[ing] objective standards for indigent criminal defense systems to determine whether a defendant is indigent or partially indigent,” MCL 780.991(3)(e), and determining “the amount a partially indigent…”
— Mich. Comp. Laws § 780.991(a)(2) — 1 case
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