MICHIGAN CATHOLIC CONFERENCE ~ FOCUS
Defending the Poor
May 2009
[I]n our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him. This seems to us to be an obvious truth.
Justice Hugo Black, U.S. Supreme Court, Gideon v. Wainwright, 1963
In this state and throughout the nation any individual accused of a crime has the legal right to obtain or be appointed counsel to defend criminal charges, regardless of that person's economic status. The right to an attorney is not only necessary for fairness and justice; it is also dictated by U.S. Supreme Court decisions and guaranteed in both the state and federal constitutions. Article 1, Section 20 of the Michigan Constitution states: In every criminal prosecution, the accused shall have the right to the assistance of counsel for his or her defense. The Supreme Court opined in Miranda v. Arizona that a criminal suspect must be told prior to questioning that he has the right to an attorney, regardless of ability to afford one, in order to uphold the Fifth Amendment's right to avoid self-incrimination. The nation's high court also unanimously ruled in Gideon v. Wainwright that the Sixth Amendment to the U.S. Constitution mandates state courts provide legal counsel for defendants unable to afford their own attorney
No democracy can be deemed credible or just if only those with adequate means are able to defend themselves in court. In Michigan and across the country, the right of the accused to be present at trial, to confront an accuser, and to produce witnesses are among the due process guarantees granted by the constitution. The Supreme Court in the Gideon decision helped to protect these and many other rights for any person unable to hire an attorney
Unfortunately, the manner by which Michigan provides indigent defense has been deemed one of the worst in the nation. In an effort to defend the constitution, to protect public safety, and to ensure the innocent are not convicted, several legal associations and statewide organizations, including the Michigan Catholic Conference, have joined the Michigan Campaign for Justice. The purpose of this campaign is to fight for a fair and effective public defense system in Michigan, and to create an adequate state run system that ensures even the poorest of citizens are able to secure legal representation in court. This FOCUS essay will address the problems with Michigan's public defender system, cite Church teaching on the subject of crime and indigent defense, detail those organizations supporting the Campaign for Justice, and provide additional resources
This year marks the forty-sixth anniversary of Gideon v. Wainwright, the landmark Supreme Court ruling that ensures every American citizen is granted his or her constitutional right to legal representation, regardless of economic status. Yet Michigan's approach to public defense is in desperate need of reform due to the fact that the state addresses the issue on a county-by-county basis
Michigan is currently one of only seven states that has shifted its constitutional obligation of providing public defense to the county level, meaning there are eighty-three different public defense systems with eighty-three different levels of funding. Many hardworking public defenders are overwhelmed with caseloads and face an uncertain future as counties are looking for ways to cut back on spending. There is little to no funding for experts or investigators and too many situations arise where the accused meet with their attorney just minutes before trial begins
According to a 2007 American Psychiatric Foundation study, eight percent of Michigan's 51,000 incarcerated individuals are receiving mental health services. Yet little, if any training is available to public defense attorneys about the impact of mental health, substance abuse or other issues affecting those in the criminal justice system.
Increased workloads, diminishing funds, and an unbalanced system leads to a nightmare scenario where millions in tax dollars are poorly allocated, public safety is jeopardized and the innocent are wrongly convicted. Too often those who lack the financial ability to hire effective legal representation are those who are unjustly incarcerated. This is a societal moral failure that must be addressed.
Our task as a society should be to restore a sense of civility and responsibility to everyday life, and promote crime prevention and genuine rehabilitation. The Michigan legal system must hold offenders accountable and challenge them to change their lives, reach out to victims, restore a sense of community, and resist the violence that has engulfed so much of our culture. Michigan is in desperate need of a statewide system of public defense that not only effectively and efficiently uses taxpayer dollars, but also one that fulfills its constitutional and moral responsibilities.
The county-based system of public defense in our state is broken. The Michigan Campaign for Justice, referencing a June 2008 National Legal Aid and Defender Association report, has given Michigan a "D" for quality, a "D" for competency, and an "F" for availability. This is unacceptable for taxpayers, unacceptable for the integrity of the state constitution and, most critically, unacceptable for those who are unable to hire a lawyer for their own defense. In the spirit of the Gideon decision, efforts to change Michigan's public defense system are now underway.
Positive steps have taken place in the state legislature as the House Judiciary Committee this year established a subcommittee on indigent defense. This new body is expected to discuss adequate representation for the poor and, ideally, to draft legislation that creates a bipartisan solution to a public defense system that has been characterized by the committee chair as at best deficient, at worst unconstitutional. Michigan Catholic Conference will work with its Campaign for Justice partners to support legislation that is critically needed to defend the poor in this state.
Michigan is in desperate need of a statewide system of public defense that not only effectively and efficiently uses taxpayer dollars, but also one that fulfills its constitutional and moral responsibilities
