The Michigan Court of Appeals has sided with the State of Michigan in a lawsuit filed by Oakland County nearly a year ago.
The county’s lawsuit claims that the Michigan Indigent Defense Commission’s (MIDC) four new standards and rules, being mandated by the State, are in violation of Michigan’s Administrative Procedures Act and therefore unconstitutional. The standards aim to establish and enforce more uniform standards statewide in regards to criminal defense services provided to the poor.
Now that the court of appeals has rendered an opinion, the county may take this all the way to The Michigan Supreme Court, according to Keith Lerminiaux, the county’s corporation counsel.
“We are obviously disappointed (by the court of appeals’ ruling),” he said. “We will be deciding within the next week or so whether we want to take this to the Michigan Supreme Court. That’s an option that we have and will make this decision internally.”
The appeal was filed last fall after a Michigan Court of Claims decision was made to deny the county’s motion for summary disposition and grant the state’s.
The Michigan Attorney General’s Office declined to provide comment “due to potential future litigation on this issue,” according to Press Secretary Megan Hawthorne.
The county’s compliance plan, which details how it would comply with the new MIDC standards, was recently disapproved by the commission for a third time and final time.
Ed Thomas, a retired Wayne County circuit court judge, has been assigned as a mediator to resolve the differences between the county and the MIDC. Thomas will be responsible for making a recommendation to the commission on his findings.
The four counts of the lawsuit were:
* The MIDC Act allows the MIDC to regulate the practice of law in violation of the separation of
powers doctrine of the Michigan Constitution and is therefore unconstitutional.
* The MIDC Act and the Michigan Licensing and Regulatory Affairs (LARA) Office approved standards are invalid and unconstitutional because they infringe on the Michigan Supreme Court’s exclusive authority to implement rules that govern the practice and procedure of the Michigan Constitution.
* The MIDC Act and the LARA approved standards are invalid and unconstitutional because they infringe on the Michigan Supreme Court’s exclusive authority to oversee the administration
of justice in all state courts under the Michigan Constitution.
* The MIDC established rules and procedures are invalid and do not have the force of law because the MIDC is not compliant with the requirements of the Administrative Procedures Act.
BACKGROUND ON LAWSUIT: http://www.theoaklandpress.com/general-news/20171108/oakland-county-will-appeal-michigan-court-of-claims-denial-of-motion-in-defense-standards-lawsuit
COMPLIANCE PLAN DISAPPROVED: http://www.theoaklandpress.com/general-news/20180530/oakland-county-submits-3rd-criminal-defense-plan-following-2nd-denial
