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File #: 24-0240    Version: 1 Name: 3/18/24 Resolution to Approve a Professional Legal Services Agreement with Washtenaw County for Public Defender Services ($208,123.35)
Type: Resolution Status: Passed
File created: 3/18/2024 In control: City Council
On agenda: 3/18/2024 Final action: 3/18/2024
Enactment date: 3/18/2024 Enactment #: R-24-090
Title: Resolution to Approve the Public Defender Services Contract with Washtenaw County ($208,123.35)
Attachments: 1. FY24-Agreement-Transfer MIDC Local Share updated 1-3-24 (004) combined.pdf
Resolution to Approve the Public Defender Services Contract with Washtenaw County ($208,123.35)
This resolution seeks Council approval of a Public Defender Services Contract with Washtenaw County in the amount of $208,123.35 to provide legal representation to indigent persons charged with misdemeanor offenses, who appear in the 15th Judicial District Court.

The City of Ann Arbor is required by law to provide attorneys to represent indigent defendants when potential sanctions, including sanctions for violations of court orders, upon conviction may include incarceration. The Washtenaw County Public Defender's Office has experience providing these services.

The Michigan Indigent Defense Commission (MIDC) was created by legislation in 2013 (MCL ?780.991) and is charged with identifying and encouraging best practices for delivering the effective assistance of counsel to all indigent adults in this state consistent with the safeguards of the United States Constitution, the Constitution of Michigan of 1963, and the Michigan Indigent Defense Commission Act.

MIDC requires that all indigent defense delivery systems in Michigan must submit compliance plans and cost projections for all standards approved by the Department of Licensing and Regulatory Affairs. In grant FY2021, the City joined with Washtenaw County and Ypsilanti Township under one compliance plan. The County is the grantee and is administering the plan on behalf of the partners.

The County, Ypsilanti Township and the City are each required to maintain their local indigent defense funding, an amount referred to as the "Local Share." The local share amount for the City of Ann Arbor for FY24 is $208,123.35. Washtenaw County will invoice the 15th District Court for the City's Local Share amount.

A system's duty of compliance with the terms of the compliance plan is contingent upon receipt of a grant in the amount contained in the plan and cost analysis approved by the MIDC. See MCL ?780.99...

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