Press Release Archive

FOR IMMEDIATE RELEASE
Dec. 1, 2011
Contact: Matt Resch (517) 371-7843

MEDIA ADVISORY

Michigan Campaign for Justice to testify at first public meeting of the state’s new Indigent Defense Advisory Commission

The Michigan Campaign for Justice will testify before the Indigent Defense Advisory Commission on Friday, Dec. 2 at 9:30 a.m. The meeting will be held at the State Bar of Michigan, 306 Townsend St., in Lansing.

Governor Rick Snyder created the Indigent Defense Advisory Commission in October and charged the panel with the responsibility of analyzing “existing data that is needed to assist policymakers in making decisions on the appropriate funding and staffing levels to ensure effective public criminal defense services,” and making “recommendations to the Governor and the Legislature for improvements to the system of providing legal representation for indigent criminal defendants.”

Michigan is widely recognized across the United States as having serious constitutional problems within its public defense system.

“Failing to uphold the 6th Amendment right to effective counsel wastes tax dollars, puts public safety at risk, and is fundamentally unfair. Michigan must do better,” said Peter Cunningham, executive director of the Campaign for Justice. “A reformed and effective public defense system for Michigan must apply basic national constitutional standards statewide and be supported with adequate state funding. This commission, as it meets over the next six months, presents a true opportunity for pursuing these needed reforms.”

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FOR IMMEDIATE RELEASE
 Oct. 13, 2011
Contact: Matt Resch (517) 371-7843

A True Opportunity for Needed Reform
Michigan Campaign for Justice applauds Governor for new commission named to help reform Michigan’s failing public defense system

LANSING, MI – The Michigan Campaign for Justice today applauded a move by Governor Rick Snyder to establish a state commission to examine Michigan’s failing public defense system and recommend needed legislative reforms to ensure every citizen’s constitutional right to effective legal representation, regardless of their ability to afford it.

According to the Governor’s Executive Order, the Indigent Defense Advisory Commission will be charged with the responsibility of analyzing “existing data that is needed to assist policymakers in making decisions on the appropriate funding and staffing levels to ensure effective public criminal defense services,” and making “recommendations to the Governor and the Legislature for improvements to the system of providing legal representation for indigent criminal defendants.”

In reaction, Peter Cunningham, Executive Director of the Campaign for Justice, said: “The Campaign applauds Governor Snyder for taking this important step and recognizing the crucial need for public defense reform in Michigan. It is widely recognized in Michigan and across the United States that our public defense system needs to improve, and for years, the Campaign has been advocating for legislation to reform our system in order to meet the basic constitutional standards Michigan residents deserve and taxpayers expect. This commission presents a true opportunity for needed reform.”

In 2008, advocates for reform founded the Michigan Campaign for Justice. Together with its 74 coalition partners, the Campaign has worked to educate lawmakers and the public about the inadequacies in Michigan’s public defense systems. In the 2009-10 session of the Michigan Legislature, bipartisan legislation was introduced to address systemic problems throughout the state.

Earlier this year, the Campaign partnered with the state and national ACLU in releasing Faces of Failing Public Defense Systems: Portraits of Michigan’s Constitutional Crisis, a report documenting Michigan’s failure to ensure that public defense attorneys have the tools they need to provide constitutionally adequate legal representation and the devastating impact of this failure on the lives of 13 public defense clients.

“Steadily and surely, momentum has been building in Michigan to reform our failing public defense system,” said Dr. David Schuringa, President of Crossroad Bible Institute in Grand Rapids and member of the Campaign for Justice Board of Directors. “This announcement is exciting. It builds on this momentum, and we are anxious to work with the Governor, the Legislature and this new commission to apply the principles required to fix Michigan’s public defense system and make the system constitutional and cost-effective.”

Circuit Court Judge and Campaign for Justice Board Member Wade McCree concluded: “This morning’s announcement from Governor Snyder is a welcome step in the effort to uphold every citizen’s constitutional rights. It is time Michigan undertake desperately needed and long overdue reforms to improve our broken public defense system. Every Michigander can be proud of the Governor’s commitment to the Constitution and that he tasked the new Commission with this critical work.”

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FOR IMMEDIATE RELEASE
May 18, 2011

DETROIT – 13 people. 13 stories. 13 tragic, expensive and preventable examples of Michigan’s failing public defense systems.

Today, at news conferences in Detroit and Lansing, the Michigan Campaign for Justice, the ACLU, and the ACLU of Michigan released Faces of Failing Public Defense Systems: Portraits of Michigan’s Constitutional Crisis, a report documenting Michigan’s failure to ensure that public defense attorneys have the tools they need to provide constitutionally adequate legal representation and the devastating impact of this failure on the lives of 13 public defense clients.

“Under the 6th Amendment to the United States Constitution, the indigent have a right to the effective assistance of competent defense counsel. In violation of national standards, Michigan does not provide its public defense attorneys with the investigators, experts, training, supervision, compensation and type of workloads that they need to meet this responsibility,” said Robin Dahlberg, senior staff attorney with the ACLU Racial Justice Program. “The stories in this report are about the lives of real people that were tragically changed forever because Michigan’s public defense systems failed them.”

Among those profiled in the report and attending today’s news conferences were:

•Edward George Carter. In 1975, 19 year-old Carter was convicted of armed rape and robbery after a bench trial that that lasted no more than a few hours. His attorney, a recent law school graduate, did not have the time or the funds to investigate the charges against him, to ask for or analyze fingerprints found at the scene and to interview Mr. Carter’s alibi witnesses. Mr. Carter spent 35 years in prison before a fingerprint analysis revealed that he was not the perpetrator.

•David Tucker. In 1990, 21-year old Tucker was convicted after a 45-minute trial for charges of assaulting his manager at work. Struggling under a burdensome workload, his attorney assumed incorrectly that the victim would not testify and did not prepare for the trial. Tucker spent six years in prison before a federal court vacated his conviction, set him free and all charges were dropped.

•Davien Woods. In 2002, 18-year old Woods was convicted of carjacking, armed robbery and felony possession of a firearm. Although another youth involved in the carjacking had identified the true perpetrator, Woods’ attorney had neither the time nor the funds to locate this individual. Wood spent two years in prison before a Michigan court found that his trial attorney had “unequivocally” provided ineffective assistance of counsel.
In 2008, advocates for reform founded the Michigan Campaign for Justice. Together with its 74 coalition partners, the Campaign has worked to educate lawmakers and the public about the inadequacies in Michigan’s public defense systems. In the 2009-10 session of the Michigan Legislature, bipartisan legislation was introduced to address systemic problems throughout the state.

“This report tells a story of a state in constitutional crisis,” said Elizabeth Arnovits, president of the Campaign for Justice. “The rights and responsibilities set within the U.S. Constitution cannot be set aside, even when times are tough. In fact, the 13 stories in this report alone cost taxpayers in Michigan $13 million and these are just the tip of the iceberg. This is exactly the time leaders should look to the Constitution in order to, reform the system and work to provide resources to uphold the basic rights of everyone in Michigan.”

David Moran, co-founder of the Michigan Innocence Clinic at the University of Michigan Law School and David Tucker’s appellate attorney added: “The cases in this report are not unique. As someone who has been representing people in court for years, I know that most defense attorneys are giving their all on behalf of their clients but are hamstrung by systems in Michigan that do not provide the needed resources and fails to provide basic training, standards, and supervision. This cannot go on. Reform is long overdue.”

Faces of Failing Public Defense Systems: Portraits of Michigan’s Constitutional Crisis offers researched accounts of people accused of crimes across Michigan – people who were unable to afford an attorney, inadequately represented in court, imprisoned and later exonerated or are awaiting exoneration.

The report is the result of a partnership between the ACLU and the Campaign for Justice.

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For Immediate Release
July 16, 2010
Contact: Matt Resch (517) 371-7843

Court’s Ruling Requires Legislative Action

The following is a public statement from Laura Sager, executive director of the Michigan Campaign for Justice, regarding today’s Michigan Supreme Court decision dismissing the Duncan vs. State of Michigan litigation.

“Today’s decision from the Supreme Court may end one court case, but in no way does it end the ongoing effort needed to fix public defense in Michigan. Let’s be very frank: Michigan is recognized nationally as having one of the worst public defense systems in the country. This is a very real problem that not only affects the lives of people unable to afford counsel, it also affects public safety and wastes tax dollars that could be better spent.

“Nearly 70 nonpartisan organizations from every part of Michigan are working together for reform, and the Supreme Court’s decision today makes it all the more important that lawmakers tackle this crisis head on and reform public defense in Michigan. Already, legislative leaders like State Reps. Mark Meadows (D-East Lansing), Bob Constan (D-Dearborn Heights) and Justin Amash (R-Kentwood) have championed this cause. They have started the tough legislative work needed to establish a state system guided by national standards. We commend them and we will work with them to enact a legislative solution that allows Michigan to finally meet the constitutional obligations it has to all its residents.”

NOTE: The Campaign for Justice is not involved with the Duncan lawsuit. For more information regarding the litigation, please contact Michael Steinberg at 313-578-6814 or Frank Eaman at 313-300-7279.

For additional information about legislative efforts to reform Michigan’s public defense system, please contact Laura Sager at 517-775-3924

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For Immediate Release
April 30, 2010
Contact: Matt Resch (517) 371-7843

Michigan Supreme Court Allows Duncan Case to Move Ahead
Ruling a call to action for lawmakers to reform public defense services in Michigan

Today, the Michigan Supreme Court unanimously affirmed the Michigan Court of Appeals ruling in Duncan et. al. v. State of Michigan and sent the case back to the Ingham County Circuit Court for further hearings.

In 2009, the Michigan Court of Appeals rejected the State of Michigan’s request to dismiss Duncan et. al. v. State of Michigan. In the Duncan case, plaintiffs in a class action lawsuit from three counties asked the court to declare that failures in Michigan’s public defense system violated their right to counsel under the U.S. and Michigan Constitutions.

The following is a statement in response to today’s court action from Laura Sager, executive director of the Michigan Campaign for Justice, the nonpartisan coalition working with lawmakers to reform Michigan’s system of providing defense counsel to people unable to afford an attorney,

“As the nonpartisan coalition working with state lawmakers to reform Michigan’s failing public defense system, we are very pleased that the Supreme Court acted quickly in the Duncan case and ruled unanimously in allowing the case to move forward. This ruling is good news and it is a clarion call to state legislators that reform is needed and that their action on this important constitutional problem is required.”

NOTE: The Campaign for Justice is not involved with the Duncan lawsuit. For more information regarding the litigation, please contact Frank Eamon at 313-300-7279.

For additional information about legislative efforts to reform Michigan’s public defense system, please contact Laura Sager at 517-775-3924.

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For Immediate Release
Feb. 17, 2010
Contact: Matt Resch (517) 371-7843

Michigan Delegation Travels to D.C. for Justice Dept. Forum on Public Defense
State lawmaker and policy experts to lead discussions on Michigan reform effort

LANSING --- A delegation of Michigan lawmakers and policy experts will travel to Washington D.C., tomorrow to participate in the U.S. Department of Justice National Symposium on Indigent Defense. The event, taking place Feb. 18 and 19, will be hosted by U.S. Attorney General Eric Holder and include representatives from all 50 states to explore ways to enhance indigent defense services for adults and juveniles.

Leading Michigan’s delegation will be State Representative Mark Meadows (D-East Lansing), Laura Sager, executive director of the Campaign for Justice, Jim Neuhard and Dawn Van Hoek of Michigan’s State Appellate Defender Office (SADO) and Nancy Diehl and Elizabeth Lyon of the State Bar of Michigan. Rep. Meadows, Sager, Diehl and Neuhard will all be featured panelists in this national discussion of public defense reform and highlight reform efforts currently underway in Michigan.

“The Department of Justice should be commended for putting this event together,” Neuhard, director of SADO, said. “That said, the fact that it is required at all points to the sad reality that in too many communities across the country, and throughout Michigan, the constitutional right to effective counsel is being denied people each and every day.”

Laura Sager, executive director of the Campaign for Justice, added: “Right now, Michigan and its system of providing legal representation to people who cannot afford an attorney is known nationally as the poster state for needed reforms. Participating in a national conversation about this important constitutional issue is an honor. It will be an even greater honor when we can report back that Michigan has finally enacted the reforms residents deserve.”

In December, House Bill 5676, “The Public Defense Act,” was introduced to establish a statewide public defender system to provide effective assistance of counsel to individuals eligible for appointed counsel in criminal, juvenile delinquency, appellate and certain civil proceedings. Rep. Meadows held a public hearing on the legislation on Dec. 14, 2009.

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For Immediate Release
February 5, 2010
Contact: Matt Resch (517) 371-7843

National public defense advocate to keynote Black History Month event
Michigan Legislative Black Caucus and Michigan Campaign for Justice co-sponsor Black History Month Luncheon

LANSING – The Michigan Legislative Black Caucus (MLBC) and the Michigan Campaign for Justice will celebrate Black History Month with a special luncheon event on Feb. 10 at 11:30 a.m., in the Speaker’s Library, 2nd floor of the State Capitol.

The event, “Public Defense: How Safe is the Public?” will feature guest speaker Jo-Ann Wallace, president and chief executive officer for the National Legal Aid & Defender Association (NLADA). In 2007, the NLADA was commissioned by the Michigan Legislature to examine public defense in Michigan. In 2008, the group issued a scathing review of the state’s system entitled, “Race to the Bottom.”

The luncheon event is free and open to the public and will also include a panel discussion with Tracey Brame, assistant dean of Cooley Law School – Grand Rapids, and Harold Wells, a man who was wrongfully incarcerated in part due to ineffective defense representation.

“This is a perfect fit for our February programming of "Moving Forward…Turning Knowledge into Action,” said State Rep. Robert Jones (D-Kalamazoo), MLBC chairman. “The Black Caucus is dedicated to empowering members of the community by providing information that will improve their quality of life. Our constitution guarantees every citizen the right to effective legal representation within our legal system. Sadly, our state has failed to keep that obligation and the African American community has been disproportionately impacted by the failures of Michigan’s public defense system.”

Wallace has devoted her career to advocacy for individuals with limited means and has a proven track record as a leader in building equal justice institutions and initiatives. Her passion and commitment to justice for low-income people is crystallized in a number of successes: the founding of the American Council of Chief Defenders; the establishment of the National Defender Leadership Institute and the Equal Justice Leadership Initiative for legal aid advocates; and the launch of technical assistance initiatives that have led to expanded capacities in civil legal aid programs and the reformation of indigent defense systems in states such as Louisiana and Montana.

“We’re extremely pleased to have Jo-Ann Wallace visit Michigan,” says Laura Sager, executive director, Campaign for Justice. “Her commitment and passion for equal justice and upholding the Constitutional rights of all to effective legal representation is unwavering. She understands that, because of our broken public defense system, too many innocent people are wrongly convicted with the real perpetrators allowed to remain free.”

The NLADA is the oldest and largest national, nonprofit membership organization devoting all of its resources to advocating equal access to justice for all people. NLADA champions effective legal assistance for people who cannot afford counsel, serves as a collective voice for both civil legal services and public defense services throughout the nation.

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For Immediate Release
Dec. 10, 2009
Contact: Matt Resch (517) 371-7843

Legislation on public defense reform introduced

The following is a statement from Laura Sager, executive director of the Campaign for Justice, on legislation just introduced, House Bill 5676, in the State House by Rep. Bob Constan (D-Dearborn Heights) and cosponsored by Rep. Justin Amash (R-Kentwood) to address nationally recognized failures in Michigan’s system of providing an adequate legal defense for people unable to afford an attorney.

“For the innocent people who have suffered as a result of Michigan’s failing public defense system and the taxpayers who have had to foot the bill for errors and inefficiencies, the legislation Reps. Constan and Amash introduced to reform our system is something to celebrate. Putting in place a public defense system supported by state funding and based on national standards is crucial to ensuring Michigan uses taxpayer dollars effectively, protects public safety and meets its constitutional responsibilities. The Campaign for Justice, and our partners from across the political spectrum, look forward to working with lawmakers of both parties to enact a plan that reforms our system and meets our obligations to taxpayers, their communities, and the children and adults who must rely on it to be fair and just.”

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For Immediate Release
Dec. 7, 2009
Contact: Matt Resch (517) 371-7843

Federal and State Officials Converge to Examine Michigan’s Public Defense System
Congressional briefing and legislative hearing set for Dec. 14 in Detroit

Lansing, MI --- In the ongoing and statewide effort to reform Michigan public defense system, Monday, Dec. 14, is a very big day. Leaders from Washington, D.C., and Lansing are set to converge at Wayne State University in Detroit for two events focused on examining failures within Michigan’s public defense system and solutions needed to ensure that Michigan and other states can better meet their constitutional obligations to provide adequate representation for people unable to afford an attorney.

At 9 a.m., the U.S. House Judiciary Committee, chaired by Cong. John Conyers (MI-14), will hold a Briefing on Solutions to the Indigent Defense Crisis. The event will feature a diverse panel of national and state experts on the issue of public defense, including:

•Barry Scheck, Innocence Project;
•Dennis W. Archer, Dickinson-Wright, PLLC;
•David Carroll, National Legal Aid and Defender Association and author of a recent study on Michigan’s public defense system;
•Chief Justice Marilyn J. Kelly, Michigan Supreme Court;
•Hon. Cynthia D. Stephens, Michigan Court of Appeals; and,
•Hon. Fred Borchard, Chief Judge Pro Tempore, Michigan 10th Circuit Court.
Following the morning’s federal panel, at 1:30 p.m., chairman of the State House Judiciary Committee, State Rep. Mark Meadows (D-East Lansing), will convene a committee hearing to discuss proposed legislation to reform Michigan’s public defense system.

Both events will take place on the campus of Wayne State University, in the Student Center Ballroom, located at 5221 Gullen Mall, in Detroit.

“A public defense system that fails the people it’s supposed to help is also a system that fails taxpayers and fails to keep our communities safe,” said Laura Sager, executive director of the Campaign for Justice. “Leaders on both the federal and state levels understand this, and their efforts on Dec. 14 and beyond are a significant boost to the campaign to bring long-needed reform to Michigan.”

Charles R. Toy, president of the State Bar of Michigan, added: “To have prominent leaders in Congress and the State Legislature come together to address problems in Michigan’s public defense system should be a signal to all that this is much more than an issue affecting only people accused of a crime. Inefficiencies and ineffectiveness throughout the system waste money, damage lives and make communities less safe. Reforming our system won’t happen overnight, but as these upcoming events show, momentum is building and reform is coming soon.”

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For Immediate Release
August 6, 2009
Contact:
Campaign for Justice, Matt Resch (517) 371-7843
Cooley Law School, Karen Hogan (616) 776-3511

Aug. 14 Forum Brings National Perspective to Public Defense Reform, Role of Defense Attorneys
Statewide conversation offered at 3 Cooley campuses

LANSING – As work continues at the State Capitol on legislation to reform the state’s system of ensuring a proper legal defense for people who cannot afford an attorney, a public forum will highlight successful reform efforts from other states, discuss the impact those reforms have had on attorneys who provide public defense services and answer the questions of legal professionals in Michigan.

Improving Public Defense: The Future for Michigan’s Defense Attorneys will be held on Friday, August 14, from 1 to 3 p.m., at the Thomas M. Cooley Law School campus at 2630 Featherstone Rd., in Auburn Hills. Using live video conferencing technology, the forum will also be available to participants at Cooley campuses in Lansing and Grand Rapids. The event is free and all three locations are open to the public.

"Michigan needs a system in which defense attorneys are provided adequate resources, support, and standards necessary to ensure effective representation,” said Laura Sager, director of the Campaign for Justice. “Right now, attorneys are operating in a broken system – they are overburdened and underequipped. This forum will provide a unique opportunity to talk about what the future of Michigan's public defense system might look like from the view of the defense bar."

The forum, cosponsored by the Michigan Campaign for Justice, the Thomas M. Cooley Law School, Criminal Defense Attorneys of Michigan and the State Bar of Michigan, will feature the contributions of a number of national speakers, including 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.

“This forum is a chance for defense attorneys to ask and have answered the hard questions that come with any reform effort of this importance,” said John Nussbaumer, associate dean of Cooley’s Auburn Hills campus and a member of the Michigan Appellate Defender Commission. “Questions like: What would the public defense system look like if reform legislation is passed? And, how will new standards impact my practice? These are all important questions that have been answered in other states, and this event provides an opportunity to discuss the answers in Michigan as well.”

Chief Justice of the Michigan Supreme Court Marilyn Kelly said the August 14 event "offers a valuable opportunity for the practicing bar to learn about the proposed changes to Michigan's criminal defense system. As with any significant reform effort, it behooves all concerned to be as fully informed as possible. Cooley Law School, the Campaign for Justice, the State Bar, and CDAM are to be commended for providing this educational forum."

Space is limited. For advance registration, please call (313) 310-5666 or (517) 372-3050, or email at info@mijustice.org. To submit a question or comment ahead of time, please contact Campaign deputy director Stephanie Chang at schang@mijustice.org.

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The Campaign for Justice is a broad-based group of organizations and individuals from across the political spectrum fighting for a fair and effective public defense system in Michigan. The Campaign believes that legislative reform is needed to improve cost effectiveness, protect the public’s safety and ensure one's Constitutional right to counsel.

Cooley Law School is the largest law school in the nation. Founded in 1972, it operates J.D. programs across Michigan in Lansing, Auburn Hills, Grand Rapids and Ann Arbor. Today, Cooley Law School has more than 13,000 graduates across the nation and worldwide and also offers joint degree and master of laws programs. Cooley offers enrollment three times a year; in January, May and September. Additional information about Cooley can be found at cooley.edu.

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For Immediate Release
May 20, 2009
Contact: Matt Resch (517) 371-7843

Campaign for Justice welcomes Brame to board
Cooley assistant dean joins statewide effort to reform public defense

LANSING --- The Michigan Campaign for Justice today announced that Professor Tracey Brame, assistant dean of the Thomas M. Cooley Law School, is joining the campaign as a member of its board of directors. Before joining the faculty at Cooley, Professor Brame 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.

“To have leader like Prof. Brame join our effort is a testament to the coalition that has formed and the work to be done in reforming Michigan’s public defense system,” said Laura Sager, director of the Campaign. “We are thrilled to welcome Prof. Brame to the board and know that her experience and knowledge will serve our efforts very well.”

Professor Brame came to Cooley Law School in February 2006 from Legal Aid of Western Michigan, where she was a staff attorney. She advised and represented low-income clients on family law, housing, and consumer law issues. She collaborated with other programs to address legal issues faced by ex-offenders re-entering the community. She also translated for Spanish-speaking clients.

She has served as a law clerk to the Hon. Julian Abele Cook, Jr., U.S. District Court, Detroit, with the Federal Defender Office, and with Scott Correctional Facility. She has also been an adjunct professor at Grand Rapids Community College.

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For Immediate Release
May 14, 2009
Contact: Matt Resch (517) 371-7843

Conference to Focus on Reforms Needed for Michigan’s Public Defense System
National and state speakers highlight May 21 event

LANSING --- The Michigan Public Defense Task Force will convene its 2nd annual statewide conference next Thursday, May 21, in Lansing to examine failures and discuss needed reforms of Michigan’s public defense system. The conference comes on the heels of the formation of the Campaign for Justice, a statewide coalition unveiled in February to advocate for reform, and the naming of a special legislative panel to pursue state policy solutions.

“One year ago, our conference highlighted the disturbing findings of national research done on Michigan and the way that public defense services are provided, or not provided, in our state,” said Elizabeth Arnovits, chair of the Michigan Public Defense Task Force. “Now, as we come together again, we can see that the very serious problems we discussed last year have helped bring together a diverse statewide coalition of people committed to fixing public defense and build momentum in the Legislature for reform.”

The conference will feature a national expert on public defense, Norman Lefstein, Professor of Law & Dean Emeritus, Indiana University School of Law. At 9 a.m., Prof. Lefstein will deliver the conference’s keynote address on building a public defense system for the 21st century.

In addition to Prof. Lefstein, a panel discussion at noon will highlight the comments and experiences of Walter Swift and Ken Wyniemko, two men falsely imprisoned as a result of failures within Michigan’s public defense system and later exonerated, and the work of the Michigan Innocence Clinic and the Cooley Law School Innocence Project.

Also, workshops throughout the day will discuss: a day in the life of a public defense attorney; juvenile defense; reducing recidivism; the impact of a failing system on communities of color; the collateral consequences of a failing system; and, the 11 principles of an effective public defense delivery system.

The conference is free and registration begins at 8:30 a.m. The event will take place at the Radisson Hotel, 111 N. Grand Avenue, in Lansing. This conference is funded through a generous grant from the Michigan State Bar Foundation.

To register or find out more information, visit: www.mijustice.org.

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For Immediate Release
March 26, 2009
Contact: Matt Resch (517) 371-7843

Failures in Michigan’s Public Defense System Go before Congress Today

Members of Campaign for Justice submit testimony to congressional panel

LANSING – Michigan’s public defense delivery system is set to get national attention, and not the kind of attention that comes from a job well done. Today, at 10 a.m., the House Subcommittee on Crime, Terrorism and Homeland Security, a subcommittee within the House Committee on the Judiciary, will hold a hearing to examine the extensive problems with how the State of Michigan ensures each resident’s 6th Amendment right to counsel.

Members of the Campaign for Justice coalition will both testify and submit written testimony to the subcommittee. The Campaign for Justice is a bipartisan and broad-based coalition working to reform Michigan’s public defense system. The coalition was formally introduced in mid-February and will be working in the coming months with legislators and other stakeholders on long overdue defense reforms.

Campaign coalition members testifying before the committee include Regina Daniels Thomas, chief counsel of the Legal Aid and Defender Association Juvenile Law Group in Detroit, and Robin Dahlberg of the ACLU.

Laura Sager, director of the Campaign for Justice, in written testimony submitted to the committee, noted, “While on many issues I would feel pride if my state received the national attention of a congressional hearing, on the issue of Michigan’s failing public defense system, I am indeed honored to be a part of the coalition working in partnership with the State Bar of Michigan to fix the problems that have brought us all here today.”

In addition to Sager, Judge Fred Borchard, president of the Michigan Judges Association, wrote to the panel: “Every day in Michigan, someone's friend, neighbor, or family member faces the prospect of criminal proceedings without the resources to pay for an attorney. In courtrooms across the state, hardworking public defense attorneys are struggling to fulfill their constitutional obligations; but due to weaknesses in Michigan's public defense system, most are forced to handle overwhelming caseloads with few resources.”

In all, testimony from members of the Campaign for Justice was provided by:

Hon. Fred Borchard, Michigan Judges Association
Margaret Sind Raben, Criminal Defense Attorneys of Michigan
Dick Hillary, Kent County Office of the Defender
Peter Psarouthakis, Michigan Council of Private Investigators
Maxine Thome, National Association of Social Workers – Michigan Chapter
Theresa Spencer, Michigan County Social Services Association
Amy J. Winans, Association for Children’s Mental Health
Susan McParland, Michigan Association for Children with Emotional Disorders
David A. Moran, Michigan Innocence Clinic
Elizabeth Arnovits, Michigan Council on Crime and Delinquency
Heaster Wheeler, Detroit Branch NAACP
Melanca D. Clark, Brennan Center for Justice at New York University School of Law
James Muffett, Citizens for Traditional Values
Susan Herman, Michigan Jewish Conference
Mary Engle, Prison Fellowship

Mary Engle, executive director of Prison Fellowship testified: "The biblically based principles of restorative justice acknowledge that crime is more than law breaking; it's victim harming. ...In the case of Michigan, the failures of the state's public defense system undermine Prison Fellowship's pursuit of restorative justice. ...Real offenders are not held accountable and victims of crime become victims again.”

And, Heaster Wheeler, executive director of the Detroit Branch NAACP, said: "[I]n Michigan, this right [to effective defense representation] is being denied. Every day our most vulnerable citizens are put on a fast-moving assembly line to our prison system."

Congressman John Conyers (MI-14) chairs the Committee on the Judiciary, and the subcommittee is chaired by Cong. Robert Scott (VA-3). To watch a live webcast of the hearing, visit judiciary.house.gov and click on “Scheduled Events For Today.”

To find out more about the Campaign, visit: www.mijustice.org.

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For Immediate Release
March 18, 2009
Contact: Matt Resch (517) 862-2075

Honoring Gideon Day - Calling for Reform
Statewide coalition visits Capitol in push to reform Michigan’s public defense system

LANSING – The Campaign for Justice, a bipartisan and broad-based coalition working to reform Michigan’s public defense system, visited the State Capitol today to talk with lawmakers and to honor Gideon Day. Gideon Day marks the 46th anniversary of the landmark U.S. Supreme Court decision, Gideon v. Wainwright (1963), affirming that the Sixth Amendment right to counsel is a fundamental right that is the state’s responsibility.

“The right to counsel established by the Gideon decision ensures every American they can get a fair trial in America, regardless of the amount of money in their checking account” said Laura Sager, director of the Campaign for Justice. “Unfortunately, both studies and real life experiences of those working in our criminal justice system show that Michigan citizens cannot count on their public defense delivery system to protect this right.”

In February, the Campaign for Justice unveiled a diverse list of more than 45 supporting organizations and a Michigan Report Card on Public Defense. The report card, based on a 2008 study commissioned by the legislature, found that Michigan’s system is failing its citizens in every significant measure. Of the 11 Principles of a Public Defense Delivery System, established by the State Bar of Michigan, Michigan received a grade of “F” in five areas, a “D” in five other areas and a “C” in the one remaining area.

Supporters of the Campaign visited with lawmakers today to deliver copies of the U.S. Constitution and to share the coalition's mission to win legislation that both ensures adequate state funding for Michigan’s public defense system and implements and enforces minimum national standards.

Sager noted the Campaign’s eagerness to work with a new bipartisan House Judiciary subcommittee on indigent defense, recently established by Speaker of the House Andy Dillon and State Representative Mark Meadows (D-69. The subcommittee will be chaired by Rep. Bob Constan (D-16) and Rep. Justin Amash (R-72) will serve as a member. The House subcommittee is to conduct hearings, convene working groups, and develop appropriate legislation to address the issue.

“By taking this step, legislators have acknowledged that we face a real problem, one that fails the taxpayers by wasting scarce dollars, fails the public through errors that jeopardize public safety and fails to protect the rights of the accused,” Sager said. “We are very encouraged that this subcommittee has been established, and we are anxious to work with legislators on reforms that will ensure we uphold the essential rights mandated by our Constitution.”

To find out more about the Campaign, visit: www.mijustice.org.

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For Immediate Release
Feb. 18, 2009
Contact: Matt Resch (517) 267-9026

Public defense system fails taxpayers, communities and the accused
Statewide coalition launches push to reform Michigan’s public defense system

LANSING – A broad-based nonpartisan coalition of organizations and individuals from across the political spectrum was launched today and announced it will begin a campaign to win long-overdue reforms to Michigan’s failing system of public defense services for adults and children. The Michigan Campaign for Justice also unveiled a Michigan Report Card on Public Defense, based on a 2008 study commissioned by the legislature. The report card echoes the study's finding that the Michigan system is failing its citizens in every significant measure.

Laura Sager, director of the Campaign for Justice, told reporters at a morning press conference that "the Campaign coalition's mission is to win legislation that both ensures adequate state funding for Michigan’s public defense system and implements and enforces minimum national standards." She noted that these crucial reforms are needed to:

• Improve cost effectiveness and increase government efficiency;
• Protect the public safety; and,
• Secure Michigan residents’ constitutional right to effective defense representation for both adults and children.

“Our current public defense system is inefficient and fails to provide the constitutional right of effective defense representation for our citizens - both adults and children,” said Sager. “Duplication in administrative costs, the cost of retrying cases due to error, increased jail and prison costs and taxpayer-funded settlements of costly wrongful conviction lawsuits all reduce the effective use of scarce taxpayer dollars.”

Currently, public defense attorneys responsible for delivering on the constitutional promise of effective defense representation are laboring in a system that does not allow the time or provide the essential resources required. That drives up the cost of the entire criminal justice system and carries an unacceptable fiscal and human cost.

"The crisis of a failing public defense system requires immediate action by the legislature to provide state funding and to put a system in place that meets at least minimum national standards for vital and constitutionally-mandated public defense service," said Sager.

Last June, the State Bar of Michigan and the National Legal Aid and Defender Association (NLADA) released the results of an intensive study of Michigan’s public defense system that services adults and children facing criminal or delinquency proceedings who cannot afford their own attorney. The study was commissioned by the State legislature.

Michigan is one of only a handful of states with no state funding and no statewide standards for monitoring of trial level public defense services. Neither are there standards for attorney performance, eligibility or workloads.

"Reform is long overdue,” said John Shea, of the Criminal Defense Attorneys of Michigan. “The decades of towering caseloads, a dire lack of resources, inconsistent training and no statewide requirement for or enforcement of prompt appointment of competent counsel needs to come to an end. Defense attorneys can play an important role in preventing wrongful convictions, ensuring measured and appropriate sanctions for those whom are guilty and in reducing recidivism, but only if we have a state funded structure that implements state and national standards for effective public defense systems"

A new Michigan Report Card on Public Defense was released today. The report card, based on the NLADA’s findings, paints a bleak picture of Michigan’s performance in meeting its constitutional responsibilities as outlined in the Sixth Amendment.
Of the 11 Principles of a Public Defense Delivery System, established by the State Bar of Michigan, Michigan received a grade of “F” in five areas, a “D” in five other areas and a “C” in the one remaining area.

“I can testify first hand to the tragic impact our current failing system can have,” Walter Swift said. “As a result of the system's failures, my family and I lost 26 years of my life in prison for a crime I did not commit. The man who actually committed the crime I was convicted of went free.”

The push for reform has attracted a broad-based coalition of supporters.

“We have a moral responsibility to ensure that those in our society with limited or no resources receive the same standard of justice as those who are better off. Everyone is entitled to equal treatment under the law,” said James Muffett, president of Citizens for Traditional Values.

Judge Fred Borchard of the 10th Circuit Court and President of the Michigan Judges Association, said: “The problems in our current system need to be fixed. The Michigan Judges Association believes there is a real need for state funding, as opposed to 83 counties each running their own system, and continued education or certification for counsel for indigent defendants.”

Richard McLellan, a board member of the Mackinac Center, advisor to former Governor John Engler and consultant to the Campaign for Justice, concluded: “We currently spend $2 billion a year on prisons. By taking common sense steps to ensure a system that will provide residents with an adequate legal defense, not only do we have an opportunity to do the right thing by keeping innocent men and women out of jail, we also have an opportunity to avoid wasting millions.”

The Campaign for Justice and its coalition members are meeting with lawmakers of both parties to discuss options for reforming the state’s public defense system.

To find out more about the Campaign, visit: www.michigancampaignforjustice.org.

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