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Duncan, et. al. v.
State of Michigan
FACT
SHEET
Plaintiffs
- 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
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.
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