Both the president of the State Bar of Michigan and the organization’s executive director had some high praise for action taken recently in the Michigan Legislature on indigent defense reform. The governor signed the bills into law early this week.
Bruce A. Courtade’s comments came after legislation was approved creating the Michigan Indigent Defense Commission Act, replacing the system for appointment of counsel for indigent criminal defendants and establishing a new funding mechanism.
Courtade called the development “game-changing” and “a transformative first step” in making sure that a person’s constitutional rights are no longer placed at risk simply because he or she cannot afford a lawyer.
“Indigent defense has been a glaring weakness in Michigan and a source of concern for everyone who cherishes our constitution and the rights it establishes,” he said.
He said Michigan had been identified “as having one of the worst indigent defense systems in our nation, and that’s simply unacceptable.”
“With the passage of this legislation we have turned a corner,” he said. “We have a lot of work ahead of us, but this legislation gives us many of the tools we need to provide equal protection and access to justice for the poorest among us. “
The SBM Representative Assembly became the first governing body of any state bar association to adopt the American Bar Association’s 10 Principles of a Public Defense Delivery System in 2002, according to the organization.
The U.S. House of Representatives Committee on the Judiciary Subcommittee on Crime, Terrorism, and Homeland Security held a hearing in 2009 on the constitutional crisis in Michigan and 10 other states.
Former State Bar presidents Dennis Archer and Nancy Diehl were among those who testified.
In 2011, the SBM Judicial Crossroads Task Force Report and Recommendations advised that the costs and constitutional crisis caused by Michigan’s inadequate indigent defense system needed immediate attention, even in the face of daunting budget challenges.
Later that year, Gov. Rick Snyder appointed a bipartisan Indigent Defense Advisory Commission to recommend improvements to the system.
This group — composed of attorneys, judges, prosecutors, defense attorneys and members of the public — issued a report that recommended sweeping reforms for trial level indigent defense services and the creation of a state commission to oversee local public defense services.
State Bar of Michigan Executive Director Janet Welch applauded the legislature and said the State Bar would continue to advocate for an effective indigent defense delivery system in the years ahead.
“We are thrilled that the legislature has taken this historic step toward making the Sixth Amendment right to assistance of counsel a reality in Michigan.” she said. “The State Bar is proud to have been a leader in this long fight, and will continue to work to protect the weakest among us.”
Meanwhile, the Appellate Defender Commission (ADC) praised the legislature for its recent action.
The ADC governs operations of the State Appellate Defender Office (SADO) and the Michigan Appellate Assigned Counsel System (MAACS).
A state-funded agency, SADO provides representation to approximately 25 percent of those indigent criminal defendants seeking appeal of their felony convictions each year.
SADO also provides extensive support and training to the criminal defense community through its Criminal Defense Resource Center. MAACS, also state-funded, operates a roster of private attorneys providing representation on the remaining 75 percent of the cases; these roster attorneys are paid by Michigan counties.
“We stand ready to help the new commission with its very important task in any way that the commission deems appropriate,” said John Nussbaumer, chair of the Appellate Defender Commission and Dean of Cooley Law School’s Auburn Hills campus. “The ADC has developed and administered standards and regulations for the appellate system that will serve as excellent models for the new commission, similar to those the new trial-level commission must develop.
“We are ready, willing, and able to share our experience in this area.”
An ADC Commissioner, Judith Gracey, participated in Snyder’s Indigent Defense Advisory Commission, the body producing recommendations in 2012 for the new trial-level system.
––––––––––––––––––––
Subscribe to the Legal News!
http://legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
