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Contact: Stephanie Chang
(734) 751-9814
Rana
Elmir, 313-578-6816
Judge Authorizes
Lawsuit Against State Over Failing Public Defense System to
Proceed
FOR
IMMEDIATE RELEASE
Wednesday, May 16, 2007
LANSING, MI – An Ingham County
Circuit Court Judge ruled today that a lawsuit against the State of
Michigan for failing to fulfill its constitutional obligation to provide
appropriate defense services for those who cannot afford private counsel
will proceed.
“We are pleased with the court’s
decision,” said Frank Eaman, a private defense lawyer from Detroit, who
argued part of the motion on behalf of the plaintiffs, all persons accused
of crimes in Berrien, Muskegon and Genesee. “It brings us one step closer
to getting a criminal justice system that works for all of Michigan’s
residents.”
Defendants, the
State of Michigan and Governor Jennifer Granholm, had tried to have the
lawsuit dismissed, arguing that the responsibility to provide counsel was
delegated to the counties and that they had no duty to ensure that the
counties complied. Judge Laura Baird disagreed. Reading her opinion from
the bench, she stated that the delegation of the constitutional obligation
to the counties did not mean that the state is “off the hook” when
representation is deficient.
"The state has ignored the failing
public defense system and the entire criminal justice system has
suffered," said Emily Chiang of the national American Civil Liberties
Union, which also represents the plaintiffs.
Michigan provides no
administrative oversight or funding for public defense at the trial level.
There is no training for public defense attorneys, no performance
standards to govern their practice, and no review of their performance.
Moreover, many of the counties have been dramatically under-funding
indigent defense for years. The result is that in each of the three
counties at issue in the suit – and indeed in many parts of Michigan - the
public defense provided does not meet national standards or the
constitutional minimum requirements for effective assistance.
“The citizens of Michigan deserve better,” said Chiang.
"We hope this ruling will make it impossible for the state to continue to
turn a blind eye toward this problem."
The
lawsuit, which was filed by the ACLU of Michigan, the national ACLU,
Cravath, Swaine & Moore LLP, and Frank D. Eaman PLLC, calls on the
court to declare the current indigent defense systems of Muskegon County,
Berrien County, and Genesee County unconstitutional and compel the state
to provide a system of representation that meets constitutional
standards.
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