Hillsdale County Board of Commissioners narrowly approve public defender budget

HILLSDALE — The Hillsdale County Board of Commissioners narrowly approved the county’s Michigan Indigent Defense Commission budget for fiscal year 2025 which included a significant increase in hourly rates for contract attorneys representing indigent persons.

The 2025 fiscal budget — from Oct. 1 through Sept. 30, 2025 — will see a $200,000 increase from the state of Michigan’s contributions on top of the nearly $500,000 increase in fiscal year 2024.

Hillsdale County’s contributions remain capped at $114,646.21.

Commissioner Brent Leininger, the board of commissioner’s finance chair, said the 2025 fiscal year budget will see hourly rates paid to contract attorneys increase to $125 per hour for misdemeanors, $150 per hour for felony cases and $175 an hour for life offenses. The state standard for life offenses is $148.91 an hour, Leininger said.

The new year budget also shows a $28,000 increase in pay for Kimm Burger, the MIDC coordinator for Hillsdale County. Burger was paid at the misdemeanor rate in the 2024 fiscal year budget and under the 2025 budget, she will be paid at the felony rate for serving as the coordinator, Leininger said.

Given the higher rate than the state standard and Burger’s $28,000 pay increase, Leininger, supported by Commissioner Steve Lanius, moved to table the contract to allow for further discussion with Burger.

“The hourly rate presented in the budget is significantly higher,” Leininger said. “If the state is not going to be diligent spending my taxpayers dollars, I have a responsibility to.”

More: Low pay rates lead to attorney shortage for courts

Commissioner Doug Ingles reminded the commissioners that not that long ago Burger and Probate Judge Michelle Bianci came before the board of commissioners stressing that they were having difficulties finding contract attorneys due to low pay.

Ingles and Commissioner Brad Benzing voted not to table the contract and with Commissioner Mark Wiley absent, Leininger’s motion failed. During a subsequent vote on the contract, Lanius voted in favor of approving it with Ingles and Benzing with Leininger voting no.

Other changes to the MIDC this year include new state statutes that limit the number of indigent defense cases an attorney can take on and the number of hours they can work.

When Bianchi and Burger came to the board Dec. 26, 2023 to express their concerns, contract attorneys in the probate court’s abuse and neglect docket were only being paid $60 an hour while similar cases in the state were paying between $200 and $400 an hour.

Hillsdale County is mandated by law to provide counsel to children and parents in cases where children have been removed from their parent's care, Bianchi said at the time.

The $60 an hour approved previously by the Hillsdale County Board of Commissioners deters local attorneys and does nothing to bring in attorneys from outside of Hillsdale County.

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Burger, at the time, added that she herself avoids taking on some of the caseload in the probate court due to the low-end rates which "are not even worth billing."

Hillsdale County has had difficulties in the past recruiting law enforcement officers to the Hillsdale County Sheriff's Office due to lower-than-average pay scales.

Other county departments such as the treasurer's office and the county's Drain Commission have also had difficulties recruiting appropriate candidates due to low pay scales.

— Contact Reporter Corey Murray at cmurray@hillsdale.net or follow him on X, formerly Twitter: @cmurrayHDN.

This article originally appeared on Hillsdale Daily News: Commissioners narrowly approve public defender budget