KENT COUNTY, Mich. — A potential overhaul of the public defender system in Kent County, Michigan, is sparking concerns about fair representation for defendants. Currently, the county's Office of the Defender operates independently as a nonprofit organization.
However, new state standards signed into law in October 2023 require local review of defense attorneys to ensure they meet certain requirements.
These requirements put into place by the Michigan Indigent Defense Commission (MIDC). The MIDC Act sets standards for defense counsel, including requirements for education, training, and effective representation.
In response, Administrator Al Vanderberg is seeking to end the county's contract with the independent defender's office and establish a new office under county management.
"Over the last six years, we have carefully monitored the standards’ effectiveness and absorbed valuable lessons from the statewide implementation process. It became evident that our current approach has led to inefficiencies, lacks transparency, and may compromise our ability in the future to comply with MIDC standards,” Administrator Vanderberg said in a statement to FOX 17.
Critics argue this move will compromise defendants' ability to receive fair and just representation.
Attorneys from the current defender's office have expressed opposition to the change, citing concerns about trust and the appearance of true independence.
“I'm worried about the timeline, im worried about the lack of transparency, and lack of discourse around the issue,” Desiree M. Benedict-Notter, an attorney with KCOD, said at a recent county commission meeting.
While KCOD attorney A’ndreanna K. Vanden Berg added, "as an individual who has worked for both a nonprofit and a county run public defender's office, I can confidently tell you that the best thing you can do for the residents of Kent County is to not open a county run office."
Administrator Vandenberg is pushing for the change, citing the fact that 30 other Michigan counties already operate their public defender offices in-house.
The issue was tabled at a commissioner's meeting on Thursday, May 2.
Commissioners said they expect to revisit the proposal in the coming weeks.
The Michigan Indigent Defense Commission (MIDC) Act sets standards for defense counsel, including requirements for education, training, and effective representation.
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