Kristen Longstreet, managing director of the Neighborhood Defender Services (NDS)–Detroit Office.
Over the last five years, Wayne County has witnessed steadfast reforms in its indigent criminal defense system. Funding increases and reliable, quality legal representation for the county’s most vulnerable are due in large part to the Michigan Indigent Defense Commission (MIDC).
The Michigan Chronicle spoke with the two women leading the implementation of equitable standards in Wayne County’s public defense system and how the changes have impacted criminal justice system-impacted residents.
“It all stems from the Michigan Indigent Defense Commission Act as it relates to indigent defense system reform,” said Robin Dillard-Russaw, director of the Wayne County Indigent Defense Services Department (IDSD), formerly the Office of Public Defense Services (OPDS), launched in August 2020.
The Michigan Indigent Defense Commission (MIDC) was created by legislation in 2013 after improvements were recommended to the state’s legal system by an advisory commission. The Commission is responsible for the regulation of Michigan’s public defense system.
The MIDC Act serves as a governing body to create eight proposed minimum standards for the state’s indigent defense system, including training and education of counsel, the initial client interview, use of investigation and experts and counsel at first appearance and other critical stages.
Since May 2017, the Department of Licensing and Regulatory Affairs (LARA) has incrementally approved Standards 1, 2, 3, 4, and most recently Standard 5 in 2021.
“Wayne County in particular is unique because historically Wayne County has had both a public defender office and private attorneys/assigned counsel that take felony cases out of the Third Circuit Court,” said Dillard-Russaw. “Though that has not changed, what has changed is the resources available to both entities because of the act.”
A slew of grant-funded resources has since been allocated to Neighborhood Defender Service (NDS) and IDSD criminal defense system efforts, including availability of investigators and experts for attorneys to utilize. In 2020, MIDC agreed to increase attorney compensation that hadn’t changed since the 1980s. Assigned attorneys no longer are paid flat fees per event (arraignment, hearing, etc.), but are compensated on the basis of an average hourly rate of $120/hour.
“As we are building up our internal case management system,” said Dillard-Russaw “we continue to see examples of positive results for our clients through testimonials…we recently got an email from a private attorney who said that through the use of an investigator on her case, she was able to get her client’s sentence reduced because of the additional information that came out.
“Before these independent investigations, we really didn’t see that happening, or they were infrequent. Now we have tangible proof. Clients are seeing better case outcomes through these resources.”
In 2017, Wayne County Executive Warren Evans commissioned the Sixth Amendment Center to examine the county’s public defender office. The report evaluated that the trial-level indigent defense representation and other client services throughout the state—including Wayne County—were “constitutionally inadequate.” Several issues were cited as key factors leading to the deficiencies in legal services, including chronically stagnant state funding and increased attorney caseloads.
In 2018, backed by a $17 million MIDC grant, Wayne County issued a request for proposals for the operation of the public defender office.
The next year, Harlem-based Neighborhood Defender Services finalized the contract to provide its holistic model of client support to 25 percent of Wayne County’s indigent defendants, approximately 4,000 to 5,00 adult felony cases per year. The caseload increased earlier this month to 35 percent.
“One goal we have is to grow our civil practice,” said Kristen Longstreet, managing director of NDS. “I think that’s something the community needs. On the criminal side, once their cases close, a lot of the times clients need support beyond their case. So, to be able to offer social work services, check in on clients during their probation and offer them support if they have any issues [would be ideal].”
Since 2020, NDS has handled 10,327 criminal cases. Earlier this year, the organization launched a civil services department and has taken on approximately 210 civil cases ranging from landlord-tenant disputes, PPOs and custody issues.
The remaining case load (now 65 percent) is handled by the Wayne County Office of Public Defense Services for assigned private counsel.
Both entities handle felony cases, categorized under four tiers ranging from capital offenses (i.e., homicide) to low severity felonies.
On October 1, 2022, Dillard-Russaw said IDSD launched a Second Chair program to build inroads with new attorneys to obtain experience in criminal cases in different tiers.
“It’s an opportunity for lower tier attorneys,” said Dillard-Russaw, “Maybe we have newer attorneys who have never practiced in Wayne County or are new to criminal defense. They will have an opportunity to partner with a senior attorney, a tier-one approved or tier two, and they’ll serve as second chair and develop those sills that we need to qualify them in the future for upper tier assignments. It’s truly an exciting way to pair seasoned attorneys with the new attorney to teach how to provide quality, effective representation for Wayne County residents because that’s what our community deserves.”
