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January 2010
Campaign for Justice
Happy New Year from the Campaign for Justice! 2010 promises to be a very big year in the push to reform public defense in Michigan in large part because of the strong finish to 2009. Many major events took place in the final weeks of 2009 and set us up well for the legislative effort ahead. Here’s a review.
Michigan Public Defense Act Introduced in State Legislature
On Dec. 9, State Reps. Bob Constan (D-Dearborn Heights) and Justin Amash (R-Kentwood) introduced House Bill 5676, which would create the Michigan Public Defense Act. The legislation is the product of many months of work and input; it is also the result of many years of effort by advocates for a better, fairer and more efficient and effective system.
The Public Defense Act would establish a statewide public defense system that:
• Meets and enforces minimum American Bar Association and State Bar of Michigan principles for public defense delivery systems.
• Is supported by adequate state funding.
Under the proposed bill, a state system, created in the judicial branch, of delivering constitutionally adequate public defense services to individuals eligible for appointed counsel at the trial and appellate levels, as well as in delinquency proceedings, would include:
• A 9-member commission to develop a plan and oversee an office of public defense, appointed by the governor after recommendations from the Michigan supreme court, Michigan judges’ association, Michigan district judges’ association, criminal defense attorneys association of the state, and from the general public;
• An office of public defense staffed by trained professionals and headed by a chief public defender;
• An appellate bureau, headed by a chief appellate defender, to oversee appellate defense functions; and,
• Regional offices to oversee the local delivery of public defense services. The commission will designate the number and location of regions.
The legislation would have the commission establish the plan to deliver services. Delivery is by a mix of:
• Public defense offices staffed by public employees.
• Public defense offices under contract with the office of public defense (nonprofit offices, contract defense offices, county offices).
• Assigned counsel (required to be part of each region’s delivery system).
Compliance with the 11 Principles of a Public Defense Delivery System would be required under the legislation, and the commission would establish policies implementing those principles. For example:
• The office of public defense would establish procedures to implement the commission plan and policies, including: establishing oversight mechanisms, qualifying and appointing counsel, providing training and resources to attorneys providing public defense services, collecting data and preparing reports to the commission and legislature.
• The office of public defense (and its appellate bureau) would appoint counsel, based on the plan established by the commission.
• The statute establishes standards for eligibility determinations and for recouping costs for legal defense services.
In funding the new system, a public defense fund will be created to receive funding from all sources, and the state will be responsible for funding the system at a level that complies with its obligations under the U.S. and Michigan constitutions to ensure the right to counsel for its residents. The funding mechanism for the system will be outlined in a separate bill.
Congressional and State Legislative Members Visit Detroit to Discuss Public Defense Reform
On Monday, Dec. 14, the ballroom at Wayne State University was at the very center of the discussion to reform public defense not only in Michigan, but also across America. It was an amazing day, an important event and powerful way to kick-start the public defense legislative reform effort in Michigan.
Convened by Michigan Congressman John Conyers, the briefing on solutions to the public defense crisis brought together national and state experts, attracted state media attention and facilitated a wide-ranging conversation about how to meet America’s constitutional obligation to provide adequate defense counsel for people accused of a crime.
As reported by Michigan Public Radio:
Panelists said poor funding and a lack of standards leads to overburdened and inadequate public defenders -- and innocent people going to prison.
Justin Amash is the Republican vice chair of the Michigan House Subcommittee on Indigent Defense. He believes reforming that system is a bi-partisan issue.
"The most important duty of government is to protect the rights of its citizens," Amash said. "And if we're going to put all these resources toward putting people in prison, we should at least provide some adequate resources to ensure those people are given proper defense."
The briefing was moderated by former Michigan Supreme Court Justice and Mayor of Detroit, Dennis Archer and included Cong. Conyers; Barry Scheck, Innocence Project; Hon. Cynthia D. Stephens, Michigan Court of Appeals chief; Hon. Fred Borchard, chief judge pro tempore, Michigan 10th Circuit Court; and Norman Lefstein, professor of law and dean emeritus, Indiana University School of Law – Indianapolis.
Michigan Supreme Court Justice Marilyn J. Kelly led off the event with a keynote address on the right to counsel.
The briefing made it clear that Michigan’s troubled public defense system is the national poster child for the need for federal assistance to states seeking to reform their systems.
Following the morning event, State House Judiciary Chair Mark Meadows convened the first public hearing to examine House Bill 5676, the Michigan Public Defense Act. On Dec. 14, the State House Judiciary Committee took public testimony on the proposed legislation. A long line of speakers waited patiently to testify before the large room packed with supporters – including individuals who had been wrongfully convicted and their families.
Thank you to all those that spoke at, submitted testimony for, or attended the hearing!
More hearings are expected after the holidays and a vote in the full House is being targeted for February, according to an interview in the Michigan Information and Research Service (MIRS) with the committee’s chairman, Rep. Mark Meadows (D-East Lansing).
Campaign’s Legislative Action Center Activated
With HB 5676 now under consideration by state lawmakers, the Campaign for Justice has activated its Legislative Action Center to assist supporters of public defense reform in communicating with their State Representatives and Senators.
The Center provides the opportunity for people like you to easily email your state representatives. A sample message is included, and we encourage all supporters to personalize the very short message and tell your local legislators why you, as their constituents, support reform.
Detroit Free Press Weighs In on Public Defense Reform
In an early December editorial titled “Public defense must be upgraded,” the Detroit Free Press wrote:
“Scandalously low pay. No standards. That's the world of court-appointed attorneys in Michigan, and it's a sham of the constitutional right to adequate legal counsel.
“Ineffective legal assistance for poor defendants is a national problem, but Michigan's system is among the worst, ranking 44th among the 50 states in spending -- lower than Alabama, for example. Even in tough times, upholding constitutional rights and keeping innocent people out of prison ought to be a priority.
“A package of bills scheduled to be introduced in the state House of Representatives this month would help fix this longstanding problem, following months of work by a House subcommittee, which was appointed in March, and the Michigan Campaign for Justice. Among other things, the nonpartisan coalition has recommended adequate state funding and a state commission to oversee an office of public defense that would provide training and enforce uniform and reasonable standards, replacing a hodgepodge of poorly funded and inadequate county programs. Those recommendations, and others, should be included in the bills and passed by legislators as soon as possible.”
And concluded:
“In calling attention to Michigan's abysmal public defense system, U.S. Attorney General Eric Holder recently cited the wrongful conviction of Eddie Joe Lloyd, who served 17 years in prison for a murder and rape he didn't commit. Lloyd's appointed attorneys failed to investigate, or even cross-examine police about, Lloyd's false confession. As Holder pointed out, Lloyd's imprisonment and appeals cost Michigan nearly $1 million, not including the $4-million civil judgment Lloyd later won for his wrongful conviction.
“Legislators ought to remember cases like Lloyd's as they consider overdue bills to fix Michigan's morally indefensible and economically shortsighted system for public defense.”
Well said.
Looking ahead: You can make the difference
Now more than ever, the Campaign needs your help. Below are three things you can do to help in 2010.
1. Contact your state representative, letting him or her know that you support public defense reform and asking them to consider HB 5676. Make a phone call, use our online Legislative Action Center, or write a letter!
2. Tell five friends. The Campaign will be launching an effort to grow the network of public defense reform supporters. We can provide you quick and easy postcards to sign up your friends as supporters, or you can encourage your friends to sign up on our website. If you would like postcards, contact our office at info@mijustice.org.
3. Get involved locally. Stay tuned for coffee hour meetings in your local area. Early 2010 will bring the launch of coffee hour meetings in West and Mid Michigan and the continuation of terrific action teams in Southeast Michigan! Get in touch with us if you are interested in hosting a “community conversation” about public defense at your home, at your house of worship, or with an organization.
2010 is going to be a truly exciting year. Be a part of the action!
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