The 32a / 32b Attorney Payment Voucher Process in Michigan

In Michigan, a two-part process governs the appointment and payment of attorneys for individuals who cannot afford legal representation in criminal cases. This system ensures that indigent defendants receive legal counsel and that their court-appointed attorneys are compensated. While the appointment process is standardized statewide, the procedures for attorney payment vary by jurisdiction. This framework guides the process from the initial case assignment to the final payment for services.

Understanding the Counsel Appointment Process

The process begins when a court determines a defendant is indigent and requires a court-appointed lawyer. This is formalized through the SCAO form MC 222, “Request and Order for Appointment of Attorney and Order to Pay.” A judge completes and signs this document, officially appointing a specific attorney to represent the defendant.

By signing this order, the judge confirms the defendant’s indigence and authorizes the attorney to begin work. The executed MC 222 form is a prerequisite for compensation, as it provides the necessary proof of appointment that must be referenced when the attorney seeks payment.

Preparing the Attorney Payment Voucher

Once services are rendered, the attorney must prepare a payment voucher to serve as an invoice to the court. Unlike the statewide appointment form, the specific voucher form used for payment varies by jurisdiction, as courts use their own local forms.

The attorney must provide complete case information that matches the initial appointment order, including the case number and defendant’s name. The attorney’s vendor or provider ID number is also required for the court’s finance department to process the payment.

The core of the voucher is the detailed itemization of services and expenses. Local court funding units set their own payment rates, which must comply with minimum hourly rates established by the Michigan Indigent Defense Commission (MIDC). These minimum rates are based on the severity of the offense, such as a misdemeanor, felony, or life offense case. Each entry on the voucher requires the date of service, a description of the activity, and the time spent, calculated in tenths of an hour. Reimbursable expenses, like mileage or copying fees, must also be listed with documentation. The attorney then calculates the total amount due before signing the voucher.

Submitting the Voucher and Receiving Payment

The procedure for submitting the completed voucher varies by jurisdiction. Some courts require the voucher to be filed with the judge’s clerk, while others use a centralized court administrator or finance office. Many courts are also transitioning to electronic submission through local e-filing portals or dedicated email addresses.

After submission, the presiding judge reviews the itemized services and expenses and signs the voucher to authorize payment. The signed voucher is then forwarded to the court’s funding unit or the county’s fiscal services department for final review and processing. An attorney can typically expect to receive a check or direct deposit within a few weeks, depending on the local government’s payment cycle.