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Wednesday, February 10, 2010
Courts - More on "Michigan Faces Constitutional Case Over Cash-Strapped Public Defenders"
Updating this ILB entry from Dec. 25, 2009, Dustin Grove reports today in the South Bend Tribune, under the headline "Michigan Supreme Court to hear arguments in public defender case." Some quotes:
The Michigan Supreme Court will hear arguments this spring in a case making headlines across the country. The American Civil Liberties Union claims Michigan's public defender system is set up to fail. That, they say, violates an indigent defendant's constitutional right to a fair trial.“Whatever the prosecution says goes,” said Robin Dahlberg, an ACLU attorney.
The ACLU says Michigan has one of the “worst indigent defense systems in the country.” It says the state provides no oversight and no funding, leaving it up to each individual county. The result, they say, is too many public defenders who are strapped with an overwhelming caseload and a budget much smaller than the prosecutor's.
“They don't have the supervision, their caseloads are too high, they don't have the expert resources,” said Dahlberg.
In a statement last year, the ACLU said when public defenders don't have the necessary resources, their clients are wrongfully convicted, plead guilty when they should not, and spend too much time in jail or prison. So in 2007 it filed a lawsuit against the state.
“We are alleging that the plaintiffs have been deprived of their constitutional rights,” said Dahlberg.
The suit asks the state to step in and fix the problem: to make sure each county provides the funding, policies, and oversight so every defendant gets justice.
In December, the Michigan Supreme Court agreed to hear the case. Proceedings will begin in April.
Posted by Marcia Oddi on February 10, 2010 10:27 AM
Posted to Courts in general