Dispute between MIDC and indigent defense system; resolution procedures.

Sec. 15. (1) Except as provided in section 5, if a dispute arises between the MIDC and an indigent defense system concerning the approval of an indigent defense system's annual plan or cost analysis, the parties shall attempt to resolve the dispute by mediation. The state court administrator, as authorized by the supreme court, shall appoint a mediator agreed to by the parties not later than 30 calendar days after the mailing or emailing date of the official notification of the third disapproval by the MIDC under section 13(4) to mediate the dispute and shall facilitate the mediation process. The MIDC shall immediately send the state court administrative office a copy of the official notice of that third disapproval. If the parties do not agree on the selection of the mediator, the state court administrator, as authorized by the supreme court, shall appoint a mediator of the state court administrator's choosing. Mediation must commence not later than 30 calendar days after the mediator is appointed and terminate not later than 60 calendar days after its commencement. Mediation costs associated with mediation of the dispute must be paid equally by the parties. (2) The MIDC shall establish resolution procedures under section 9(5) related to resolving a dispute with an indigent defense system that is not in compliance with section 13 or 17. The procedures must be available on a public website. If a dispute between the MIDC and an indigent defense system concerning compliance with section 13 or 17 cannot be resolved through the MIDC resolution procedures created under this subsection, subsection (4) applies. (3) If the parties do not come to a resolution of the dispute during mediation under subsection (1), all of the following apply: (a) The mediator may submit a recommendation of how the dispute should be resolved to the MIDC not later than 30 calendar days after the conclusion of mediation for the MIDC's consideration. (b) The MIDC shall consider the recommendation of the mediator, if any, and shall approve a final plan or cost analysis, or both, in the manner the MIDC considers appropriate within 30 calendar days, and the indigent defense system shall implement the plan as approved by the MIDC. (c) The indigent defense system that is aggrieved by the final plan, cost analysis, or both, may bring an action seeking equitable relief as described in subsection (4). (4) The MIDC or an indigent defense system may bring an action seeking equitable relief in the circuit court only as follows: (a) Not later than 60 days after the MIDC's issuance of an approved plan and cost analysis under subsection (3)(b). (b) Not later than 60 days after the system receives grant funds under section 13(7), if the plan, cost analysis, or both, required a grant award for implementation of the plan. (c) Not later than 30 days after the MIDC's determination that the indigent defense system has breached its duty to comply with any of the following: (i) An approved plan. (ii) A cost analysis. (iii) A grant contract provision. (iv) A provision of section 13 or 17. (d) The action must be brought in the judicial circuit where the indigent defense system is located. The state court administrator, as authorized by the supreme court, shall assign an active or retired judge from a judicial circuit other than the judicial circuit where the action was filed to hear the case. Costs associated with the assignment of the judge must be paid equally by the parties. (e) The action must not challenge the validity, legality, or appropriateness of the minimum standards approved by the department. (5) If the dispute involves the indigent defense system's plan, cost analysis, or both, the court may approve, reject, or modify the submitted plan, cost analysis, or the terms of a grant awarded under section 13(7) other than the amount of the grant, determine whether section 13 has been complied with, and issue any orders necessary to obtain compliance with this act. However, the system must not be required to expend more than its local share in complying with this act. (6) If a party refuses or fails to comply with a previous order of the court, the court may enforce the previous order through the court's enforcement remedies, including, but not limited to, its contempt powers, and may order that the state undertake the provision of indigent defense services in lieu of the indigent defense system. (7) If the court determines that an indigent defense system has breached its duty under section 17(1), the court may order the MIDC to provide indigent defense on behalf of that indigent defense system. (8) If the court orders the MIDC to provide indigent defense services on behalf of an indigent defense system, the court shall order the system to pay the following amount of the state's costs that the MIDC determines are necessary to bring the indigent defense system into compliance with the minimum standards established by the MIDC: (a) In the first year, 20% of the state's costs. (b) In the second year, 40% of the state's costs. (c) In the third year, 60% of the state's costs. (d) In the fourth year, 80% of the state's costs. (e) In the fifth year, and any subsequent year, not more than the dollar amount that was calculated under subdivision (d). (9) An indigent defense system may resume providing indigent defense services at any time as provided under section 13. When an indigent defense system resumes providing indigent defense services, it is no longer required to pay an assessment under subsection (8) but must be required to pay no less than its share.