Welcome to the latest update on activities associated with Michigan’s push to reform public defense system. So much is happening that there is a lot to report.
We are expecting some big announcements in November regarding public defense reform. This is the time, if you have not done so, to sign up on our website for e-alerts for breaking news we promise you will not want to miss! Also, the Campaign is launching a new legislative action center, where you can directly contact your legislators and urge them to take action on public defense this fall. Just click on “Contact legislators.” Legislative Update
Work continues in the Legislature on draft legislation. As we have noted on a couple of occasions, the House Subcommittee on Indigent Defense, chaired by State Rep. Bob Constan (D-Dearborn Heights) heard testimony this summer and we expect legislation to be introduced soon.
The Campaign and our partners in Lansing, including the State Bar of Michigan and our coalition members, are in regular contact with Rep. Constan and his colleague on the subcommittee, Rep. Justin Amash (R-Kentwood), so we are ready and able to provide the needed feedback and mobilization to secure a successful vote in the House this fall.
As always, we will continue to keep you posted.
Answering your questions Throughout the course of the campaign, we’ve tried to use this space to answer, to the best of our ability, questions asked about how public defense reform may affect defense attorneys. In the past, answers to questions have come from the experiences of other states that have reformed their systems. We are also in close communication with Michigan and national public defense experts.
We are going to dedicate space each month to answering questions. If you have questions about the Campaign, please contact us at info@mijustice.org. This month, we are focusing on questions about the Minnesota public defense system, to illustrate how one statewide system handles appointment of counsel.
Q: How does Minnesota handle its public defender appointment process? A: Minnesota reformed its system more than 20 years ago and moved from a county system to a state system. While it is not anyone’s intention to simply copy the Minnesota system, the history and operation of Minnesota’s public defense system does provide a good example of how one neighboring state handles the appointment of public defenders for eligible clients.
Minnesota’s appointment process:
Arraignment:An attorney representing the public defender office handles the initial court appearance for a defendant. That one attorney, or couple of attorneys (depending on the size of the court’s docket of arraignments) work with all defendants appearing on a given day.
As an example, dozens of arraignments take place in a single day in some of Michigan’s courts. In Minnesota, the principle of vertical representation comes into play after a defendant’s initial appearance in court. Were Minnesota’s system to be applied to Michigan, a small number of public defenders would handle the brief appearances, rather than a different attorney representing each defendant at arraignment.
Eligibility: Following a person’s first appearance in court, the court clerk determines whether an individual is eligible for a public defender. The clerk then forwards the list of defendants to the regional public defender office for assignment of counsel.
The office manager in the public defender office, sometimes in consultation with the regional chief defender, checks for potential conflicts of interest.
Using the roster of full and part time attorneys working for or under contract with the public defender office, the chief public defender’s office then assigns counsel to each eligible defendant.
The chief public defender’s office provides the court clerk with a list of attorneys assigned to individual cases. Notification is also sent to the assigned attorneys, with information about the client and the next appearance.
That attorney then works with his or her assigned client for the duration of the case.
Q: What is the attrition rate for indigent counsel in Michigan, and how does that impact the quality of defense?
A: SADO reports that nearly one-third of public defense attorneys move away from the system each year. With turnover this dramatic, the overall experience level within the system decreases. It is critical to have attorneys with the necessary experience handling cases, especially complex, high-level, or juvenile cases.
Q: What states presently have state funded systems?
A: According to the recently released study by the Constitution Project, Alaska, Arkansas, Colorado, Connecticut, Delaware, Florida, Hawaii, Iowa, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Montana, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, Tennessee, Vermont, Virginia, West Virginia and Wisconsin have full state funding.
Kansas, Louisiana, Oklahoma and South Carolina’s systems receive over 50 percent of their funding from the state.
Public Defense Testimonial
In the October update, we reported on a very successful Interfaith Roundtable Forum that was held in Southfield in late September. The forum was hosted by the Campaign for Justice, ACLU of Michigan, Council of Islamic Organizations of Michigan, Jewish Community Relations Council of Metropolitan Detroit, MOSES, Michigan Catholic Conference, Michigan Unitarian Universalist Social Justice Network, and National Council of Jewish Women - Greater Detroit Section and was another effort of the campaign’s to mobilize supporters of public defense reform and push for legislative action this fall.
Shortly after the event, the event moderator, Rev. Bob Cornwall, pastor of Central Woodward Christian Church (Disciples of Christ) of Troy, took to his blog and helped spread the message of the need for refom.
It is with these words that the Pledge of Allegiance concludes: "With liberty and justice for all." But is that the way it is in America? More specifically, is that the way it is in Michigan?
Yesterday afternoon, I moderated a conversation about Michigan's failed public defense system…. I must say, that I was appalled at what I heard about the Michigan system, which is a patchwork of 83 county run and funded systems. There are no state standards, no requirements, no parity. The Constitution of the United States states that "In all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel for his defense" (Amendment 6). While the Michigan system may barely squeeze under the minimum required (and that is questionable), it is clearly not equal justice.
Now, to have a system that is funded, supervised, regulated, and designed to represent the accused fairly might cost money, but surely the current system is inefficient and dangerous. Consider that if someone is wrongly convicted, that means the perpetrator remains free.
From my perspective as a person of faith, as a religious leader, and a follower of Jesus, I am reminded first of all of what the Prophet Micah had to say:
He has told you, O mortal, what is good; and what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God? (Micah 6:8)
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And, let me add that this is a bi-partisan effort,that includes support from the Unitarian Universalists to the evangelical Prison Fellowship, from the Council of Islamic Organizations of Michigan to Citizens for Traditional Values." And as I said, most Michiganders claim to be people of faith, surely we can't let this system remain unchanged.
The campaign is scheduling more of these events in the near future to continue our efforts to mobilize people from across the Michigan spectrum.
Upcoming Events
The Campaign for Justice is hosting local meetings in your area! Come learn about the legislative reform effort and explore ways that you can get involved in talking to lawmakers, educating the public, and mobilizing other supporters. See below. Please attend and invite friends!
•Washtenaw County coffee hour with the Campaign: Monday, October 26, 5:30 p.m. at Cafe Ambrosia, 326 Maynard St., Ann Arbor. RSVP to schang@mijustice.org.
• Detroit coffee hour with the Campaign: Thursday, November 5, 6:00 p.m., Spiral Collective, 4201 Cass, Detroit. RSVP to aweitzer@mijustice.org.
• Macomb County coffee hour with the Campaign: Tuesday, November 10, 5:30 p.m. at the Mt. Clemens Public Library, 150 Cass Ave., Mt. Clemens. RSVP to schang@mijustice.org
• Oakland County salads and sandwiches with the Campaign: Tuesday, November 17, 5:30 p.m. at Toss-Ups, Birmingham Place, 34623 Woodward, Birmingham. RSVP to schang@mijustice.org
Stay tuned for details on a Western Wayne County meeting and other events in your area!
Thank you for your support. Don’t forget to sign up for regular email updates if you haven’t already.
September 2009
By: Laura Sager, Director
Campaign for Justice
The dog days of summer were anything but for the Campaign for Justice. August was a very busy month, with a couple of very major happenings in the push to reform Michigan’s public defense system. September promises to be very active too.
Forum on Public Defense Reform
On the afternoon of August 14, more than 100 people gathered at Cooley Law School campuses in Auburn Hills, Lansing and Grand Rapids for a teleconferenced forum on Michigan public defense reform, initiated by the Campaign, hosted by Cooley Law School, and cosponsored by the State Bar of Michigan, and the Criminal Defense Attorneys of Michigan (CDAM). The forum featured guests from other states with state public defender systems to discuss how these systems work and have incorporated the private bar. The Campaign also arranged for ample time for the speakers to answer wide-ranging questions from members of the defense bar on what reform could mean for them.
Randi M. Hood, chief public defender for the State of Montana; Fred T. Friedman, chief public defender of Minnesota’s Sixth District and former part time public defender in the private bar; and Meghan Sutton, a private attorney performing contract work for the Montana Office of Public Defense traveled to Michigan to answer questions for the forum participants. Maureen Dimino from the National Association of Criminal Defense Lawyers moderated the forum, and the Campaign for Justice provided a legislative update and answered questions about the Campaign’s goals. Representatives from the State Bar and CDAM rounded out the program.
Randi M. Hood said that even though the size and populations of Michigan and Montana are very different, both states still have to have full-fledged systems in place to carry out their responsibility to represent people who need defense. She noted that the ACLU filed a lawsuit in 2002 to address failings in the Montana public defense system, which pushed lawmakers to enact a new system in 2005.
Montana’s system is state funded and overseen by a board appointed by the governor. The board is made up of lawyers and individuals from organizations representing low income populations. The system is managed by chief public defender and divided into 11 judicial regions of various sizes across the state. A deputy public defender manages each region and reports to the state public defender. Investigators are available to all public defenders and the state commission develops standards of practice, based on the American Bar Association’s Ten Principles of a Public Defense Delivery System. Members of the private bar assist in cases of conflict and also assist under the direction of each regional deputy.
Fred Friedman said that Minnesota went from a county to state system about 25 years ago. The old county system was unequal, he said, and justice varied too much. Big cities had more money and rural counties had less money, lower pay rates and judges had too much influence in defense attorney appointments.
Laura Sager, Campaign director, emphasized at the forum that the Michigan reform effort was drawing from the best of many state systems, and there is no “cookie cutter” solution for our state. She noted that both Minnesota and Montana have lessons for reformers and can illustrate how such systems operate in practice.
Q and A with Fred Friedman
The Campaign for Justice conducted an interview with Mr. Friedman following the forum to outline in more detail exactly how the Minnesota system works and to answer some of the questions asked at the forum.
CFJ: Can you briefly describe the structure of Minnesota’s public defense system and your role?
Friedman: Minnesota is a statewide system with state funding. The state is divided into 10 judicial districts, each with multiple counties. Every judicial district has a chief judge and a chief public defender. I am the chief public defender for one of those districts.
Unlike Michigan, the public defender doesn’t have a relationship with the county boards. We don’t have a good relationship or a poor relationship. We don’t have any relationship because of state funding.
We’re governed by a state board of public defense of seven people, four appointed by the Supreme Court, three appointed by the Governor. They go out of their way to make that board bi-partisan. We have a state public defender who is appointed by the board, there is someone who runs the appellate office who is appointed by the board and regional chiefs who are appointed by the board.
It’s my job to hire, fire and train those lawyers who work for me and the assistant public defenders in my district, and I assign the cases. The judges, the court administration have zero say in case assignments, zero to say in my budget, zero to say in who’s hired, who’s fired and who we use.
In Minnesota, we have a blended system of both full-timers and part-timers, so we use both full-time lawyers, especially in the metropolitan areas, Minneapolis – St. Paul, Duluth, Rochester and other larger areas, as well as many people from the private bar who have part-time contracts to work for us, some urban and a great deal rural.
What that means is that they are all employees and they get paid so much a year, depending on what percentage of time they work. We don’t pay lawyers by the hour and we don’t pay lawyers by the case. We have none of that stuff where people are rewarded or penalized for going to trial.
We’re able to keep part-timers working for us and reduce turnover by providing state benefits and some pension money to both part- and full-timers.
CFJ: For defense attorneys in Minnesota, how are standards enforced for performance and workload?
Friedman: It’s my job to do evaluations, and I have people in management who help us do evaluations. We also have an excellent computer system. We’re tied into the court computer system and we have our own data system so we know every day how many cases every lawyer has, that way we can assign new cases on a more or less fair basis.
Do we have too many cases? Of course. Every public defender in America probably has too many cases, but we do a good job of keeping the caseloads fair or equal or even.
CFJ: How are attorneys appointed to cases in your state, and how are attorneys paid (Hourly? Fee-based?)
Friedman: Attorneys are assigned to a case by the chief public defender in that region. They’re hired by the regional chief public defender. We hire them. The state doesn’t hire them. Then they become state employees.
We have a collective bargaining agreement for both part-time public defenders and full-time public defenders and support staff. Those agreements set the wages. For a full-time lawyer, salaries start over $50,000 and cap in the $90,000s. Management gets a little more.
Salaries go up based on your experience doing criminal law. You come to work for us and you used to be a judge or you used to be a prosecutor, you’re going to make more than if you come straight out of law school. Fortunately, because people like to work for us, we almost never have to hire people right out of law school.
CFJ: What training requirements are there? What training resources are available to public defenders and assigned counsel/attorneys in your state and how do attorneys like them?
Friedman: First of all, we don’t have assigned counsel. Judges never say “you’re doing this case.” We have none of that.
Like most state public defender systems, we have a person and a system responsible for training and a training director. His job is to set-up training opportunities throughout the year.
You have to have fifteen credits of “Continuing Legal Education” to be a lawyer in Minnesota and you have to have more to be a public defender. We put on programs every spring and every fall. We call them road shows and put on the same program in three or five different places in the state. Michigan is big, but we’re bigger in square miles.
Then we offer a trial school for a week in the summer and offer other seminars through the year. All training for public defenders is free for all participants.
Almost all states have mandatory CLE credits but I gather from my trip to Auburn Hills that Michigan does not, which puts you in the minority.
CFJ: Can you talk a little about the state funding of the public defense function?
Friedman: Our budget is roughly $67 million for about 4.5 million folks. Those are state dollars. The good news is that small counties and poor counties don’t get cheated or get less money or pay their lawyers less. That’s the advantage. Of course the disadvantage is that we have to have a presence in the legislature every day and lobby issues and fight for our clients both substantively and fight for our lawyers.
That’s the way it is in every state I know that has a state public defender.
So you’re working with the legislature. On the other hand, you’re not working with 83 counties getting 83 different systems and 83 different forms of pay. We have none of that.
CFJ: If you could say two things to all of Michigan's public defense attorneys about reform, what would you say?
Friedman: Number one, you’ve got to get the judges out of this. Public defenders need to be independent just like judges are independent, just like prosecuting attorneys are independent. The bench should have no say on who the specific lawyer is. A lawyer shouldn’t have to worry about pleasing a judge in order to get more cases. A lawyer shouldn’t have to worry about what they object to or how they argue a case or whether going to trial will displease a judge.
A judge should not be the paymaster or the gatekeeper as to who the lawyer is.
The second thing is that poor counties or rural counties should not get the short end of the stick. This business of paying somebody per case discourages trial. Paying somebody per hour means that you might build a file or build an account.
It’s my judgment and my experience, and I’ve been around since 1972, that it is better to give people salaries if you want independent professional folks, which is what we all are.
Fred Friedman also conducted an interview with a reporter from the Michigan Information and Research Service (MIRS), a daily newsletter that covers the state Capitol and state government. A full transcript of that interview can be found at our website: mijustice.org.
National Public Radio shines spotlight on Michigan
On August 17, problems within Michigan’s public defense system received national attention as part of a National Public Radio report on the program, All Things Considered. Reporter Ailsa Chang reported:
The right has been enshrined in the Constitution: Anyone accused of a crime has the right to a lawyer, no matter how poor they are. Public defenders are supposed to represent the people who can't afford lawyers. But they've been so overworked and underpaid for decades, the system is in crisis. And the recession has made the situation worse.
Groups of lawyers and advocates have filed lawsuits in states from New York to Florida to Arizona charging that low-income people can't get a fair trial. Public defenders in Kansas and Minnesota are refusing cases outright.
In Michigan, the system has been broken for decades. Detroit public defenders face abysmal pay, unmanageable caseloads and flimsy oversight.
This NPR story offers a perfect example of how Michigan’s failing public defense system hurts not only those in need of counsel, but also the dedicated public defenders who work hard everyday to provide a quality defense for their clients. Because Michigan has no system of statewide standards or and is chronically and severely underfunded, great defense attorneys get painted with the same broad brush as the worst ones. That’s not fair to those who work so hard to defend their clients in a system that fails all of us.
To listen to the full NPR report, visit: www.npr.org and type “public defense” into the Search box. The story is titled: “Not Enough Money or Time to Defend Detroit's Poor”. You can read the text of the radio story on the Campaign website, www.mijustice.org.
State Legislative Update
The Campaign expects the Subcommittee on Indigent Defense, Chaired by Rep. Bob Constan, to issue new versions of its draft bills reflecting comments received since its June 16th hearing. We also understand that Rep. Constan hopes to hold at least one more Subcommittee hearing. Rep. Constan is anxious to move through this comment period so that final draft bills can be prepared for introduction this fall. Once introduced, the public will still have an opportunity to provide comment when the bills are taken up by the full House Judiciary Committee, chaired by Rep. Mark Meadows.
September Events
September 17th is the anniversary of the signing of the U.S. Constitution. On September 17th, 2009, the State Bar of Michigan's Criminal Law Section will be sponsoring a program as a part of the State Bar's Annual Meeting. The program will take place from 3 to 5 p.m. at the Hyatt Regency Dearborn, 600 Town Center Dr, Dearborn, MI 48126. The program will focus on the right to counsel in Michigan and the current legislative reform effort.
More details about the event are coming soon.
On Tuesday, September 22, 2009 from 3 to 5 p.m., the Campaign for Justice is hosting an interfaith roundtable forum on public defense entitled “Faith and Justice: The Need for Community Public Defense.” There will be a reception following the forum from 5 to 6 p.m. The events are taking place at the Southfield Library, which is located at 26300 Evergreen Rd, Southfield, MI 48076. Our keynote speaker, Ann Mathews, will give an inside look into the Bronx Defenders, which is a community based public defenders program in New York. Also, hear from a roundtable of diverse local religious leaders about why this issue is important to our faith communities. Please encourage clergy, friends and family to attend.
The Campaign is in the Upper Peninsula! On Wednesday, September 23, from 4 to 6 p.m., the Political Science and Public Administration Department at Northern Michigan University, NMU's Student Law Forum, and the Campaign for Justice are hosting an exciting event entitled "Our Constitutional Right to Counsel: Why Public Defense Reform in Michigan?" The event is taking place at NMU Center Room Pioneer B. Maureen Dimino, indigent defense counsel for the National Association of Criminal Defense Lawyers, is the featured speaker.
I look forward to talking to you again next month!
July 2009
By: Laura Sager, Director
Campaign for Justice
Whoever said that things tend to slow down in the summer has never experienced a June like the Campaign for Justice just had. So much has happened and exciting progress is being made toward reforming Michigan’s public defense system.
House Subcommittee on Indigent Defense holds first meeting June 16 marked the first public hearing of the new State House Subcommittee on Indigent Defense. Speaker of the House, Andy Dillon (D-Redford), and the chairman of the House Judiciary Committee, Rep. Mark Meadows (D-East Lansing), created the subcommittee early in the spring to closely examine the problems within Michigan’s public defense system and to develop a legislative solution to those problems. As we go to press, the committee’s two members, Reps. Bob Constan (D-Dearborn Heights) and Justin Amash (R-Kentwood) are planning to solicit more information to use in drafting legislation to set up a new statewide system for administering and funding public defense services.
The hearing room was filled for the first meeting as advocates for reform provided input on the draft bill. As reported in Gongwer, a daily newsletter covering the Capitol and state government:
Officials from the State Bar of Michigan and Campaign For Justice told the subcommittee a statewide program would be a bold move from the current system of mostly county programs.
However, officials cautioned lawmakers not to put the state public defender under the supervision of the Supreme Court, arguing the system needs independence.
They also urged lawmakers to make the public defense commission more geographically diverse.
But the elephant in the room is how the state would fund such a program, said Laura Sager, director of the Campaign For Justice.
Mary Lannoye, former state budget director and now a consultant for the campaign, said about $80 million is currently spent by municipal courts and counties on indigent defense, but compared to per capita spending by other states, Michigan should be spending $125 million.
She said the state could keep the local funding intact and find a way to cover the funding gap either through general funds or through court-related funding like criminal and civil fines.
Chair Rep. Bob Constan (D-Dearborn Heights) said the subcommittee is looking into ways to fund a state indigent defense program. The draft legislation currently includes probation order and bail fees.
The Campaign is very encouraged by the efforts of Reps. Constan and Amash and plans to continue working with the subcommittee as revisions to the draft legislation are made and the proposal begins to move through the legislative process.
Appeals Court decision points to need for legislative action The efforts of the two legislators, along with Chairman Meadows, could not be coming at a more appropriate time in light of the Michigan Court of Appeals ruling on June 12 in the Duncan case.
As you likely know, the lawsuit argues that Michigan's county-run, county-funded public defense system fails to ensure the constitutionally mandated right to "effective assistance of counsel” for people who cannot afford an attorney.
The court agreed with the defendants suing to force the state to provide more money and oversight to public defender systems and ordered that the lawsuit proceed to trial.
This court victory is a tribute to the people who have worked on this issue and case for many years and, just as the Lansing State Journal editorialized the day after the ruling, it clearly calls on state policymakers to step up and develop a statewide system that works for all residents.
The Journal correctly wrote:
The Michigan Court of Appeals just issued a warning to state lawmakers about their responsibility for advancing justice.
An appellate panel rejected claims by the state that it could not be sued over its system of county-based funding for indigent defendants. The court panel also made it clear it thought those challenging the systems run in Berrien, Genesee and Muskegon counties had a good case.
Michigan's court system is a creation of the state, yet, for budgetary convenience, lawmakers have left it to counties to provide lawyers for poor defendants. A national analysis recently found Michigan in the bottom 10 of states for such spending.
It would be better if lawmakers would take reform on of their own accord, rather than being forced to do what's right under an eventual court order.
Congressional Subcommittee looks once again at national public defense crisis
Following up on its March hearing focused exclusively on problems within Michigan’s public defense system, the U.S. House Judiciary Committee’s Subcommittee on Crime, Terrorism, and Homeland Security used a hearing on June 4 to look at public defense issues in other states.
The panel heard from experts from North Carolina, Florida, Minnesota, Arkansas and Virginia and their testimony is linked to at mijustice.org, under the “Resources” tab.
Having this discussion underway in Congress only helps to build momentum for reform here in Michigan, and the campaign once again thanks Cong. John Conyers (D-Detroit) for his leadership on this issue.
Two national reports add to the case for reform
In addition to the examination of public defense underway in both Lansing and Washington, D.C., two national reports recently were published adding to the case for reform.
This spring, The Constitution Project's Right to Counsel Committee released a report entitled "Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel" and the National Association of Criminal Defense Lawyers released a report entitled "Minor Crimes, Massive Waste: The Terrible Toll of America's Broken Misdemeanor Courts."
Both reports bolster the case for tackling the issue of public defense reform across the country, and both reports are also available at the campaign’s website, mijustice.org. Just click on “Resources” and then “Publications.”
Campaign welcomes Brame and McCree to Board
The Campaign for Justice recently welcomed two prominent legal leaders to the board of directors for the campaign. Professor Tracey Brame and Judge Wade McCree III have both accepted invitations to join our leadership team.
Professor Brame is the assistant dean of the Thomas M. Cooley Law School. Before joining the faculty at Cooley, she served as a staff attorney for Public Defender Services for the District of Columbia, a research and writing specialist with the Federal Defender Office, and an assistant defender with the State Appellate Defender Office in Detroit.
Judge McCree sits on the Wayne County 3rd Circuit Court. Before being appointed by Governor Granholm to the 3rd Circuit Court in 2004, Judge McCree, of Detroit, served as judge in the 36th District Court.
McCree follows in the footsteps of his late father, the Honorable Wade McCree, Jr. McCree, Jr. was the first African American appointed to the 3rd Circuit Court and the first African American appointed to the U.S. District Court for the Eastern District of Michigan before becoming Solicitor General of the United States in 1977.
The campaign is thrilled to have them both!
Partners in Crisis joins the Campaign coalition
The Campaign welcomes Partners in Crisis, a consortium of organizations and jurists dedicated to enhancing access to quality, clinically appropriate treatment and support services and settings for children and adults experiencing emotional disorders and mental illnesses. We are pleased to have Partners in Crisis as a member of the coalition.
New staff join Campaign’s organizing team
Lastly, but certainly not least, the campaign’s growing efforts have also meant a growing team of people working with Stephanie Chang, Kat Birrell and myself to organize supporters throughout Michigan. I’m pleased to welcome Kaye McDuffie and Siobhan O’Rourke to the Campaign for Justice staff.
Kaye is a consultant serving as Senior Field Organizer. She will coordinate and assist with coalition building and management, volunteer management, and case profile management. Kaye also works as a health educator and trainer and has a long history of advocacy for youth and women, including families in juvenile and adult criminal justice systems.
Siobhan is the Northern Michigan summer intern and helps with outreach efforts in the Upper Peninsula. Siobhan currently attends Northern Michigan University and will graduate with a degree in Political Science and a minor in Criminal Justice.
As you can see, the Campaign and its many friends and supporters have been busy. Check back here next month for continued updates and an opportunity to find out the latest on efforts to reform Michigan’s public defense system.
Save the date: Mid-August defense bar forum
The Campaign for Justice will be partnering with organizations such as the Criminal Defense Attorneys of Michigan to host a mid-August forum on public defense reform, specifically geared toward public defense attorneys! This forum will include speakers from other states and will provide an opportunity for dialogue about important concerns and questions. More information will be available soon. If you have any questions, contact our office.
Get involved!
If you would like to be a part of our organizing efforts, through joining the Campaign Speakers’ Bureau or volunteer in another capacity, please contact the Campaign at (517) 372-3050, or email info@mijustice.org.
June 2009
By: Laura Sager, Director
Campaign for Justice
May means momentum for the Campaign for Justice. Following exciting activities and developments in recent months (the campaign launch, a congressional hearing and the creation of a state legislative subcommittee on indigent defense), events and news coverage in are keeping the drumbeat for reform going.
The Campaign for Justice will be stepping up its efforts to reach out to Campaign Coalition members and other organizations to discuss the shape public defense reform should take in Michigan. Let us know if you would like us to arrange a discussion among your colleagues, friends or organization on the legislative push for reform.
Freedom Weekend
Kicking off our month was a wonderful celebration of Law Day (May 1) with a series of Community Forums on Public Defense. The forum, cosponsored by the Campaign for Justice, Detroit Branch NAACP and Wolverine Bar Association, was held in conjunction with Freedom Weekend activities at Cobo Hall in Detroit and brought a nationally respected expert on public defense reform to our state, Professor Ron Sullivan of the Harvard Criminal Justice Institute and former director of Public Defender Service for the District of Columbia.
Thank you to Dykema Gossett PLLC in Detroit for hosting a wonderful reception on April 30! Honorary hosts Congressman John Conyers, Representative Bert Johnson, Reverend Wendell Anthony, Hon. Shelia Johnson, Sherrie Farrell, Reginald Turner, Jr., and Kary Moss did a wonderful job kicking off the Campaign events at Freedom Weekend. We were pleased to be joined at the reception by judges and defense attorneys. Prof. Sullivan’s talk sparked a lively dialogue about the American Bar Association’s Ten Principles of a Public Defense Delivery System and how they are implemented across the country.
In an afternoon discussion on Law Day, May 1, Prof. Ron Sullivan talked about critical need for reform in a state where the public defense system is failing both the accused and the attorneys who work hard to represent a client within a chronically underfunded and patchwork system.
Among other things, Sullivan discussed the importance of workload standards as an ethical concern for all attorneys, investigative resources as crucial to the work of public defense attorneys and a necessary element of the resource parity between prosecutors and defense attorneys in our adversarial system of justice, and provided examples from a number of other states in handling crucial issues such as eligibility for public defense services. The event offered an important dialogue about concrete elements of potential solutions to the public defense crisis in Michigan.
We are grateful Prof. Sullivan was able to join us for the forum and appreciative of the information and perspective he shared.
The afternoon forum was preceded by a panel discussion focusing specifically on how Michigan’s public defense system is failing the accused, attorneys and the taxpayers. The Campaign was honored to be joined by Congressman John Conyers, Reverend Wendell Anthony, and Reverend Dr. Edward Knox for welcoming remarks. Special thanks go out to Regina Daniels Thomas, chief counsel of the juvenile law group for Legal Aid and Defender Association, Inc. and Walter Swift, exoneree, for their remarks on the panel, and Khalilah Spencer, chair of legal redress for the Detroit Branch NAACP, and Brandy Robinson, Wolverine Bar board member, for serving as moderators.
We were extremely happy to partner with the Wolverine Bar Association, Detroit Branch NAACP, and Freedom Weekend on these activities and hope to continue to engage with defense attorneys, judges, and community members across the state from the communities disproportionately affected by the failures of the current system.
Public Defense Task Force Conference
On May 21 at the Radisson Hotel in Lansing, the Michigan Public Defense Task Force held its 2nd annual conference: Reforming Michigan’s Public Defense System – The Economic, Social and Human Benefits.
At last year’s event, David Carroll, author of an in-depth study of Michigan’s public defense system and director of research and evaluations for the National Legal Aid and Defenders Association, reviewed his research into the problems our state is facing. This year, our line-up of speakers and topics built on those findings in a format designed to facilitate discussion on reforming Michigan’s public defense system.
The conference’s keynote address was delivered by Norman Lefstein, Professor of Law and Dean Emeritus, Indiana University School of Law, and focused on a public defense system for Michigan’s 21 century. Prof. Lefstein has authored of numerous publications dealing with criminal justice and legal ethics and serves as chair of the Indiana Public Defender Commission. He was most recently one of the authors of “Justice Denied: America’s Continuing Neglect of Our Constitutional Right to Counsel,” a report on public defense across the country.
Other features of the conference included morning workshops on a day in the life of a public defense attorney; a defense attorneys’ role in addressing clients’ treatment needs; and juvenile defense. A lunchtime panel featured exonerees Walter Swift and Ken Wyneimko and focused on the human costs of a failing system. Afternoon discussions centered on ensuring an effective and efficient public defense delivery system; collateral consequences and effective defense representation; and the disproportionate impact of a failing public defense system on communities of color.
The conference was a great opportunity to engage in a discussion about Michigan's failing public defense system and the ongoing reform efforts taking place in Michigan. It was a wonderful event and thanks to everyone who attended and helped make it possible.
Macomb Daily Shines Light on Public Defense Reform
In the April 19, Sunday edition of the Macomb Daily, reporter Jameson Cook offered an in-depth look at the challenges facing defense attorneys working in Michigan’s public defense system and highlighted the reform efforts of the Campaign.
Cook reported:
“Defense attorney Mark Pellacchia often asks for favors from camera-carrying friends — meet him at a crime scene to take photographs.
“Defense attorney Randy Rodnick dreams of having multiple experts help him probe a case, but must settle for reality — maybe two.
“Defense attorney Daniel Garon visits many of his court-assigned clients at the Macomb County Jail multiple times even though he doesn't get paid for them.
“Those are some routine scenarios faced by lawyers who defend indigent criminal defendants in Macomb County. They work for a wage that for the most part is stuck in the 1970s, as most jobs' pay scales have more than doubled since then, defying lawyers four years of undergraduate school, three years of law school and continuing training.
“While unfortunate for the lawyers, the situation can be devastating for poor criminal defendants, according to advocates of improving the pay of public defenders. They say poor defendants receive worse representation than those who can hire an attorney because public defenders must cut corners to probe their client's case. Public defenders have a limited budget for experts and private investigators, and limited time for legwork and research.
“That may change in the next couple years as the Michigan Campaign for Justice seeks to revamp the indigent defense system and force the state to put up funds.”
The full story is a very good read and includes quotes from a number of defense attorneys, Frank Eaman, who represents the plaintiffs in a lawsuit accusing the state of underfunding public defense, the president of the Macomb County Bar Association and myself.
You can read the full article at the Campaign’s website: www.mijustice.org.
Campaign Welcomes New Members
The Campaign for Justice continues to grow, and we are anxious to welcome even more. In recent weeks, we’ve expanded our ranks with the addition of the Michigan League for Human Services, Mental Health Association in Michigan, National Conference of Black Lawyers - Detroit Chapter and the Sugar Law Center for Economic and Social Justice.
Thank you all for your support and your advocacy on behalf of public defense reform.
As you can see, the Campaign and its many friends and supporters have been busy. Check back here next month for continued updates and an opportunity to find out the latest on efforts to reform Michigan’s public defense system.
March 2009
By: Laura Sager, Campaign for Justice
After many months of hard work by people all across Michigan, February marked the official kick-off of Michigan's Campaign for Justice. And what a kick-off it was.
On Feb. 18, representatives of a broad coalition of supporters gathered at the State Capitol for a morning news conference. Standing room only forced people to listen from the hallway, media attendance was high and media coverage was even better. I was very proud to be joined at the podium by a diverse sample of the many groups and people who now support the Campaign for Justice and who believe that time for reform is now!
Beth Arnovits, president of the Michigan Campaign for Justice Board of Directors, was the news conference host and emcee. Judge Fred Borchard, president of the Michigan Judges Association and chief judge pro tem of the 10th Circuit Court, represented Michigan's judicial branch and offered an important perspective on public defense reform from the viewpoint of the men and women overseeing our judicial system.
James Muffett, president of Citizens for Traditional Values, offered comments about the moral imperative of making sure that everyone, not just the wealthy, has access to attorneys with the resources they need to provide effective defense representation. James and his organization, along with the Michigan Catholic Conference and Brad Snavely, executive director of the Michigan Family Forum, add an important voice to our coalition in calling for reform.
Reporters at the news conference also had an opportunity to hear from two defense attorneys who shared their first-hand experiences of the day-to-day challenges attorneys providing public defense services face in Michigan's current system. Regina Daniels Thomas, chief counsel of the Juvenile Law Group at Legal Aid & Defender Association Inc., and John Shea, of the Criminal Defense Attorneys of Michigan, are epitomes of the dedicated professionals who battle each day under the weight of a broken system.
" The peace of society depends on justice. We do not deserve to enjoy that peace as long as we turn our backs to those who deserve it as well." Those remarks by Walter Swift and the telling of his story brought the failures of our system to life for those in the room. As you may know, Walter was released in the spring of 2008 after serving 26 years in prison for a crime he did not commit. After Walter was convicted, his attorney was sanctioned and lost his license to practice. Yet it still took 26 years and countless hours of work by the Innocence Project, however, to set Walter free.
To those sitting in silence in the Capitol hearing room, Walter spoke without a hint of anger or resentment. Instead, he spoke out of a motivation to fix the system that failed him. His remarks at our kick-off event were powerful, and his story was - and is - a reminder of the human toll that comes from doing nothing.
Lastly, for the members of the Capitol Press corps, I formally announced our coalition, its members and our goals. From the very beginning of our work, our mission was to build a diverse, bipartisan coalition of organizations and individuals all with a shared commitment to reforming Michigan's public defense system. The Campaign for Justice seeks reforms that include adequate statewide funding and the implementation of nationally recognized American Bar Association standards for public defense systems. Just a couple weeks after our Feb 18 announcement, we are already meeting and working with lawmakers of both parties to achieve these ends. Stay tuned for exciting news in the near future!
To those who have not been a part of our effort so far, we are at the beginning of the reform battle. We invite you to lend you voice, your expertise and your time to this critically important effort. Your help and involvement can help make a difference.
For those who have supported the Campaign thus far and helped make the events on Feb. 18 possible, thank you! The list of 45 coalition supporters - and counting - sends a very important signal to lawmakers that the issue of public defense reform belongs on the Legislature's immediate agenda. As was remarked several times by people attending the news conference, any time an issue can boast the endorsement of such a broad range of organizations, you know it is an issue capable and worthy of bipartisan support.
That broad support also helps to build momentum for our public education and outreach effort that will continue on March 18 as we celebrate Gideon Day by handing out birthday cake to legislators, commemorating the birth of the Right to Counsel. We'll also be providing lawmakers with information about the next day's event - a March 19 policy briefing sponsored by the Michigan State University Institute for Public Policy and Social Research (IPPSR) on Michigan's Right to Counsel. The briefing will be held over lunch, from 11:30 a.m. - 1:30 p.m. in the Anderson House Office Building in Lansing and will focus on Michigan's public defense system. Joan Howarth, Dean of Michigan State University College of Law; Regina Daniels Thomas, Chief Counsel of the Juvenile Law Group at Legal Aid & Defender Association, Inc.; Adele Bernhard, Associate Professor of Law, Pace Law School and I will participate. IPPSR is a respected forum for discussing the big challenges facing Michigan, and this event will be another important step in our effort to raise the awareness of our public defense system and the reforms we need. To RSVP, call (517) 355-6672 or email ippsr-action@scc.msu.edu.
Without question, February was a busy, but very successful month for the effort in Michigan to reform our public defense system. We expect events to only pick up in March and April. Those of you who have not yet signed up for information to be delivered by email will want to do so - that's how you will get late-breaking news.
In some ways, it's easy to look at how far we've come with a great sense of accomplishment, but in reality, our work is just beginning. As always, thank you for your attention. If you have questions or concerns, just contact the Campaign at info@michigancampaignforjustice.org or call the Campaign office at (517) 372-3050 during business hours.
Public Defense Updates
Strategic planning for Campaign activities in the early months of 2009-2010 is well underway. This is an excellent time to become actively involved - or even more informed. This is what is coming up in the next few months:
Vigorous outreach and announcement of the Campaign for Justice coalition in mid-February - we're growing every day!
Gideon Day events on March 18.
An MSU Institute of Public Policy and Social Research forum on public defense with many academic and organizational cosponsors.
