1.7Michigan Indigent Defense Commission Act (MIDCA)

The Michigan Indigent Defense Commission Act (MIDCA), MCL 780.981 et seq., creating the Michigan Indigent Defense Commission (MIDC) and establishing a system for the appointment of defense counsel for indigent defendants, applies to juveniles who are charged with felony offenses in traditional waiver,1 designated,2 and automatic waiver3 proceedings. MCL 780.983(a)(ii)(A)-(D).

See Chapter 17 for discussion of the MIDCA.

1    In traditional waiver proceedings, the requirements of the MIDCA are applicable both “[d]uring consideration of a petition filed under . . . MCL 712A.4[] to waive jurisdiction . . . and upon granting a waiver of jurisdiction.” MCL 780.983(a)(ii)(A). See Chapter 14 for discussion of traditional waiver.

2    The MIDCA applies to all stages of a prosecutor-designated case. See MCL 780.983(a)(ii)(B). However, the MIDCA applies to court-designated cases only “[d]uring consideration of a request by a prosecuting attorney . . . that the court designate the case as a case in which the juvenile is to be tried in the same manner as an adult.” MCL 780.983(a)(ii)(C). It is unclear whether this distinction was intentional or an oversight. See Chapter 15 for discussion of designated cases.

3    The MIDCA applies to “[a]n individual less than 18 years of age at the time of the commission of a felony” if “[t]he prosecuting attorney authorizes the filing of a complaint and warrant for a specified juvenile violation under . . . MCL 764.1f.” MCL 780.983(a)(ii)(D). See Chapter 16 for discussion of automatic waiver.