By Jo Mathis
Legal News
The state of Michigan lacks a comprehensive system for caring for the mentally ill at a huge cost to the departments of justice, community health, human services, State Senator Bruce Caswell told the Jackson County Bar Association at its annual meeting.
"A justice system is only as good as the way it treats its most vulnerable citizens," said Caswell to the group gathered July 19 at Daryl's Downtown. "Whether vulnerable from an economic standpoint, from a mental health standpoint, or any other standpoint."
Caswell, who served on Governor Snyder's recent Indigent Defense Advisory Commission, said the commission used the American Bar Association's 10 principles as its guide when making recommendations for improvements to the system of providing legal representation for criminal defendants.
In releasing its recommendations last month, the commission suggested that the Michigan legislature create a permanent commission on indigent defense to establish and enforce minimum standards statewide for the delivery of "constitutionally effective assistance of counsel to indigent criminal defendants."
The state allows a person on Medicaid just 20 visits to a psychiatrist, per year, Caswell said, noting that it's hard to find doctors who will take on Medicaid patients. A person in a mental health crisis may ultimately end up in the judicial system, he said, suggesting that a better plan is to put one entity in charge, and subcontract services.
Caswell also said the commission learned that juveniles tried in adult courts require special expertise.
"And we don't have a lot of attorneys around the state who have good expertise in how to handle juveniles in the adult court," he said, noting that many rural counties may have one just juvenile case in several years.
So one possibility is to have a cadre group of attorneys in Lansing whose sole job is to try juveniles in adult court.
The commission also considered continuing legal education of defense attorneys.
"Some said it was a good idea; some said, `I don't need it,'" he said. "I kept a very open mind about it, but I know as a former teacher and administrator and tax assessor, I had to go back every year and take classes and so forth to keep up with the profession."
Following Caswell's speech and a dinner, Rebecca Arnold was elected president of the JCBA. Other officers include Jennifer Walker, first vice president; Rick Mills, second vice president; Katie Brannigan, secretary; Christopher Dickerson, treasurer.
"I feel that anyone who has the opportunity should give back," Arnold later told The Legal News. "I've enjoyed living and working in Jackson County, and this is the way I can give back to the legal community as a whole. I'll use my skills to help out here in the county."
The event was rescheduled from June 13 after Caswell was unable to attend, and the board decided it would be better to reschedule than to try to find a last-minute replacement.Caswell urged the attendees to contact his office with any thoughts on indigent defense.
Published: Thu, Jul 26, 2012
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