5 Things To Know About Oakland County's Lawsuit Against Michigan

OAKLAND COUNTY, MI — Oakland County has filed a lawsuit against the state challenging the constitutionality of recent amendments to the Michigan Indigent Defense Commission Act. The county says the amendments “infringe upon the authority of the Michigan Supreme Court,” according to an Oakland County news release.

“We all agree that individuals charged with a crime in Michigan have a constitutional right to legal representation even if they cannot afford a lawyer,” said Oakland County Corporation Counsel Keith Lerminiaux. “But any changes aimed at our legal system must be constitutional.”

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The lawsuit was filed in the Michigan Court of Claims against the state and the Michigan Department of Licensing and Regulatory Affairs. Here are five things to know about the county’s action Tuesday:

• The MIDC Act allows the MIDC to regulate the practice of law in violation of the separation of powers doctrine under Article 3, §2 of the Michigan Constitution and is therefore unconstitutional.
• The MIDC Act and the state approved standards are invalid and unconstitutional because they infringe on the Michigan Supreme Court’s exclusive authority to promulgate rules governing practice and procedure under Article 6, §5 of the Michigan Constitution.
• The MIDC Act and the state approved standards are invalid and unconstitutional because they infringe on the Michigan Supreme Court’s exclusive authority to superintend the administration of justice in all state courts under Article 6, §4 of 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.
• The lawsuit also hints at Headlee Amendment violations. The Headlee Amendment requires the state to reimburse local governmental units for any new state-mandated programs.

“This lawsuit may be just the first step in correcting egregious errors with the amended MIDC Act and the subsequent rules and standards established by the MIDC and LARA,” Lerminiaux said.

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