Governor Snyder orders commission to study legal representation for the poor

By Jo Mathis Legal News A new commission appointed by Gov. Rick Snyder will investigate ways to improve legal representation of low-income criminal defendants. The Indigent Defense Advisory Commission will help resolve Michigan's ''longstanding, chronic structural right to counsel deficiencies,'' said David Carroll, the research director for the National Legal Aid & Defender Association, in a news release. ''This is a public safety issue. ''When an innocent person is sent to prison as a result of public defenders not having the time, tools and training to effectively advocate for their clients, the true perpetrator of the crime remains free to victimize others and put public safety in jeopardy.'' The commission will also recommend ways to ensure such legal representation is consistent across the state. ''A core principle of our criminal justice system is to guarantee that an individual charged with a crime be entitled to legal representation, even if they are unable to hire private counsel,'' Snyder said in a statement. ''The Commission will work to ensure that all criminal defendants receive effective assistance of counsel.'' Julie Fershtman, president of the State Bar of Michigan, said the commission is a significant step forward in guaranteeing that Michigan has a criminal justice system that works for all and upholds core Constitutional rights for Michigan's citizens. Michigan currently delegates its trial-level duties to its counties. But Carroll said the state now neglects to provide any type of meaningful supervision or accountability for the work of public defense lawyers, and it refuses to make available on-going training to keep attorneys abreast of ever-evolving criminal justice sciences. ''And public attorneys are often beholden to the trial judge for their paycheck, creating a direct conflict between the lawyer's own personal financial well-being and his ethical duty to advocate solely on behalf of his client,'' he said. The commission includes four lawmakers and 10 members representing the judiciary, prosecuting attorneys, criminal defense attorneys, the State Bar of Michigan, local governments, and the general public. The 14 Indigent Defense Advisory Commission members are: Chair: James Fisher of Hastings, former chief judge of Barry County Trial Court. He previously served as prosecuting attorney for the Barry County Prosecutors Office. Fisher earned a degree in engineering from the General Motors Institute and a law degree from Wayne State University. He will serve as chair of the commission and represents the general public. Members: * Oakland County Circuit Court Judge Colleen O'Brien of Rochester Hills. She will represent the interests of the judiciary. * Ingham County 55th District Court Judge Thomas Boyd of Okemos. Wayne State University. He will represent the interests of the judiciary. * Michael Brown of Kalamazoo, president of the Association of Gospel Rescue Missions for the Midwest District. He will represent the general public. * Judith Gracey of Sylvan Lake, sole practitioner of law and a commissioner on the Michigan Appellate Defender Commission. She will represent the interests of the State Bar of Michigan. * Maggie Jones of Brighton, Livingston County commissioner. She will represent local government. * Andrew Richner of Grosse Pointe Park, partner in the law firm Clark Hill PLC. Richner will represent the general public. * Suzanne Sareini of Dearborn has served as councilwoman for the city of Dearborn for more than 20 years. She will represent the general public. * Ronald Schafer of Portland, prosecuting attorney for Ionia County He will represent the interests of prosecuting attorneys. * John Shea of Chelsea, private practice attorney specializing in criminal defense. He will represent interests of criminal defense attorneys. The four appointed legislators are: * Sen. Bruce Caswell is a member of the Senate Appropriations Committee. He will represent the Senate majority caucus and is appointed by Senate Majority Leader Richardville. * Sen. Bert Johnson serves on the Appropriations Committee and as minority vice-chair of the Licensing and Regulatory Affairs, General Government and Judiciary subcommittees. Johnson will represent the Senate minority caucus and is appointed by Senate Majority Leader Richardville. * Rep. Tom McMillin serves as chair of the Oversight, Reform and Ethics Committee. He will represent the House majority caucus and is appointed by Speaker of the House Bolger. * Rep. Ellen Cogen Lipton serves on the Appropriations Committee and the Community Colleges, General Government and School Air subcommittees. She will represent the House minority caucus and is appointed by Speaker of the House Bolger. All appointees will serve until December 2012 at the pleasure of the governor. The full text of E.O. 2011-12 is available online at www. michigan.gov/snyder. Published: Thu, Oct 27, 2011