·The Plaintiffs represent all persons who have been charged or will be charged with felonies in the District and Circuit Courts of Berrien, Genesee, and Muskegon Counties who cannot afford private counsel and therefore rely on the State to provide them with counsel for their defense.
Defendants
·State of Michigan, which is obligated under the Sixth Amendment to the United States Constitution and Article 1, Section 20 of the Michigan Constitution to provide assistance of counsel to each criminal defendant who cannot afford private counsel.
·Governor Jennifer Granholm (in her former official capacity), who is obligated by the Michigan Constitution to ensure that the laws be faithfully executed.
Claims
·Defendants’ failure to provide adequate and oversight and funding of the public defense system violates the obligation under the Sixth and Fourteenth Amendments to the United States Constitution to provide adequate legal counsel to those accused of crimes who cannot afford to hire private attorneys.
·Defendants’ failure to provide adequate and oversight and funding of the public defense system violates the obligation under Article I, Section 20 of the Michigan Constitution to provide adequate legal counsel to those accused of crimes who cannot afford to hire private attorneys.
Remedy Sought
·A declaration that Michigan’s failure to provide adequate funding and oversight of trial level public defense services violates plaintiffs’ right to counsel under the Sixth and Fourteenth Amendments to the United States Constitution and Article I, Section 20 of the Michigan Constitution.
·An injunction requiring the State of Michigan to provide a public defense system that fully protects plaintiffs’ right to counsel.
