Tagged: indigent defense

The State Senate Judiciary Committee takes up bills today that would greatly change Michigan’s indigent defense system.   

James Samuels is the president of the Criminal Defense Attorneys of Michigan.    He says the current system Michigan uses to provide attorneys for poor defendants is “broken”.

Samuels likes the proposed changes, including the way attorneys get contracts to represent indigent defendants.

This week in Michigan politics, Christina Shockley and Jack Lessenberry discuss the possibility of improving Michigan’s public defense system, and lawsuits challenging the state’s emergency manager law and right to work law for violating Michigan’s open meetings act. They also talk about the potential for a rapid transit system in southeast Michigan.

Michigan unemployment rate up to 9.4 percent

"There were more Michiganders out of work in August. The state’s unemployment rate jumped last month. Michigan’s unemployment rate rose to 9.4 percent in August. That's up four tenths of a percent from the July jobless rate. Unemployment has been rising in Michigan for the past four months. Now is at its highest point since last November. A big reason for the jump is large cuts in manufacturing jobs. On the positive side, Michigan’s unemployment rate was still a full percentage point lower last month than it was in August 2011. There were also some gains in the number of people finding work in the professional business and government sectors," Steve Carmody reports.

Public defense bill moves forward

The state Attorney General has stalled a plan to overhaul Michigan’s public defense system.

Almost everyone agrees Michigan needs to improve its system for providing defense attorneys to those who can’t afford one.

The state is consistently ranked as one of the worst in the country.

But Bill Schuette’s legislative relations director Alan Cropsey came to the hearing with a long list of concerns about the bill.

He said it would open the state to lawsuits, and doesn’t provide enough oversight.

Cropsey’s testimony ate up a big chunk of the hearing, which was forced to adjourn without a vote.

Republican Representative John Walsh chairs the House Judiciary Committee. He scolded Cropsey and the Attorney General for not bringing their criticisms forward sooner.

“Your card indicates neutrality. There was nothing in your presentation that would indicate neutrality," said Walsh.

Supporters of the bill hope to have another hearing this month.

Michigan's public defender system is consistently rated one of the worst in the country.

But this week, the House Judiciary Committee will consider creating a commission to establish standards for indigent defense.

Marcela Westrate is with the Michigan Campaign for Justice.

She says there are a host of reasons why poor criminal defendants don't always receive good legal help in this state.

"We don't have any statewide training requirements right now," said Westrate. "There's also things like consistency, where the same attorney represents a client until the completion of a case."

The commission would set the standards for Michigan's 83 counties - which each have their own public defender systems. Westrate says she hopes the commission could have new standards in place by the end of next year.

State lawmakers are in the process of drafting legislation to make sure people who cannot afford attorneys get adequate legal representation in criminal court. One of the complaints about Michigan’s system is it does not ensure public defenders have the skills and experience they need to properly represent their clients.

State Senator Bruce Caswell served on the governor’s commission on indigent defense. He says the system has to recognize the special needs of defendants who are children or people with mental health issues.

A state commission is expected to adopt recommendations this morning to help ensure fair trials for people who can't afford to pay for an attorney. Michigan's county-by-county indigent defense system is considered one of the worst in the country. The report calls for an independent agency to be a watchdog on counties' public defender systems - and step in when they fall short. It also calls for better training for public defenders, and limiting caseloads.