Panelists discuss indigent defense

By Mike Reed Legal News In 2011, Governor Rick Snyder created the Indigent Defense Advisory Commission to investigate problems in Michigan's public defense system and recommend reforms. The result was the Michigan Indigent Defense Commission Act (House Bill 5804), which has passed in the house and is now before the senate. ''Part of the problem is that there are 83 different systems in Michigan,'' said ACLU Legislative Director Shelli Weisberg last Thursday evening as part of the JXN Community Forum discussion on the subject in the auditorium of the Jackson District Library, Carnegie branch. ''Many counties don't have as much money, and when they have to make cuts, sometimes they cut indigent defense. Every county wants the best practices, but they're hard to afford.'' ''Almost everybody is indigent; they can't afford lawyers," said State Court Administrator Chad Schmucker. "Ninety percent of cases are handled by court appointed attorneys. I've always wondered why there was never a requirement for continuing legal education. Many people are under-represented, but nobody meets the 10 principles for an effective public defense." "This bill can establish guidelines and standards, I'm hoping it gets passed.'' Jackson area attorney and public defender Michael Baughman weighed in with his opinions on an optimal system, insisting the court and judges shouldn't play a role in assigning the cases. "I also think legal aid should have a regular office with all the amenities of an attorney in private practice,'' he said. Robert Gaecke, also a Jackson area attorney and former public defender, summed it up by saying, ''The bill goes a long way toward addressing some issues. The Washtenaw County Public Defender's Office is a good model to follow. Of course the best model is the federal system. It's a very difficult job, and part of the problem is the caseload. We need to lower the cost of justice. It all comes down to money.'' Many members of the small audience were affiliated with the Universalist Unitarian Church of East Liberty, which, along with the Jackson District Library, co-sponsors the JXN Community Forum. For more information on the forum, go to www.libertyuu.org. Published: Thu, Nov 22, 2012

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