MIDC; membership; terms; appointment by governor; qualifications; staggered terms; vacancy; chairperson; compensation; removal; quorum; official action; confidential case information; exemption from freedom of information act.

Sec. 7. (1) The MIDC includes 19 voting members and the ex officio member described in subsection (4). (2) Except as otherwise provided in subsection (11), the 19 voting members must be appointed by the governor for terms of 4 years. (3) Subject to subsections (5) to (9), the governor shall appoint the 19 members described in subsection (1) as follows: (a) Two members submitted by the speaker of the house of representatives. (b) Two members submitted by the senate majority leader. (c) One member from a list of 3 names submitted by the supreme court chief justice. (d) Three members from a list of 9 names submitted by the Criminal Defense Attorneys of Michigan. (e) One member from a list of 3 names submitted by the children's law section of the State Bar of Michigan who is experienced in defending youth in delinquency proceedings. (f) One member from a list of 3 names submitted by the Michigan Judges Association. (g) One member from a list of 3 names submitted by the Michigan District Judges Association. (h) One member from a list of 3 names submitted by the State Bar of Michigan. (i) One member from a list of names submitted by bar associations whose primary mission or purpose is to advocate for minority interests. Each bar association described in this subdivision may submit 1 name. (j) One member from a list of 3 names submitted by the Prosecuting Attorneys Association of Michigan who is a former county prosecuting attorney or former assistant county prosecuting attorney. (k) One member selected to represent the general public. (l) Two members representing the funding unit of a circuit court from a list of 6 names submitted by the Michigan Association of Counties. (m) One member representing the funding unit of a district court from a list of 3 names submitted by the Michigan Townships Association or the Michigan Municipal League. The Michigan Townships Association and the Michigan Municipal League shall alternate in submitting a list as described under this subdivision. For the first appointment after March 21, 2019, the Michigan Municipal League shall submit a list as described under this subdivision for consideration for the appointment. For the second appointment after March 21, 2019, the Michigan Townships Association shall submit a list as described under this subdivision for consideration for the appointment. (n) One member from a list of 3 names submitted by the state budget office. (4) The supreme court chief justice or the designee of the chief justice shall serve as an ex officio member of the MIDC without vote. (5) Every individual nominated for service on the MIDC as provided in subsection (3) must have at least 1 of the following: (a) Significant experience in the defense or prosecution of criminal proceedings. (b) Significant experience in the defense or prosecution of youth in juvenile proceedings. (c) A strong and demonstrated commitment to providing effective representation in indigent defense services. (6) Of the members appointed under this section, the governor shall appoint no fewer than 2 individuals who are not licensed attorneys and at least 1 individual with substantial knowledge of the juvenile justice system. (7) Any individual who receives compensation from this state or an indigent defense system for providing prosecution of or representation to indigent adults or youth in state courts is ineligible to serve as a member of the MIDC. (8) Not more than 3 judges, whether they are former judges or sitting judges, shall serve on the MIDC at the same time. (9) The governor may reject the names submitted under subsection (3) and request additional names. (10) An MIDC member shall hold office until a successor is appointed for the member. (11) The terms of the members must be staggered. Initially, 4 members must be appointed for a term of 4 years each, 4 members must be appointed for a term of 3 years each, 4 members must be appointed for a term of 2 years each, and 3 members must be appointed for a term of 1 year each. (12) The governor shall fill a vacancy occurring in the membership of the MIDC in the same manner as the original appointment, except if the vacancy is for an appointment described in subsection (3)(d), the source of the nomination shall submit a list of 3 names for each vacancy. However, if the senate majority leader or the speaker of the house of representatives is the source of the nomination, 1 name must be submitted. If an MIDC member vacates the commission before the end of the member's term, the governor shall fill that vacancy for the unexpired term only. (13) The MIDC shall annually elect a chairperson from its membership to serve a 1-year term. An MIDC member shall not serve as chairperson of the MIDC for more than 3 consecutive terms. (14) MIDC members shall not receive compensation in that capacity but must be reimbursed for their reasonable actual and necessary expenses by the state treasurer. (15) The governor may remove an MIDC member for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or for any other good cause. (16) A majority of the MIDC voting members constitute a quorum for the transaction of business at a meeting of the MIDC. A majority of the MIDC voting members are required for official action of the commission. (17) Confidential case information including, but not limited to, client information and attorney work product is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.