Lawsuit on behalf of poor defendants stays alive
By ED WHITE
Associated Press writer
Published: Friday, June 12, 2009 11:15 PM CDT
DETROIT - In a case with possible statewide implications, the Michigan Court of Appeals said Friday a lawsuit can go forward challenging how publicly appointed lawyers represent poor people in three counties.
The case centers on Genesee, Berrien and Muskegon counties, where poor criminal defendants claim their constitutional rights are being violated. They say a lack of public money and other problems mean getting attorneys who are not qualified or able to effectively represent them.
"It's a plea mill where there's much pressure on the defendant to plead guilty," said Mike Steinberg of the American Civil Liberties Union, co-counsel in the case.
The lawsuit says the state of Michigan is ultimately responsible, although spending decisions are made locally.
"We are not ruling that a constitutional failure has in fact occurred here, but it has been alleged and needs to be judicially addressed," judges William Murphy and David Sawyer, based in Grand Rapids, said in a 2-1 decision.
The judiciary, they said, can't stand idle if the executive and legislative branches "abdicate their constitutional responsibilities, either intentionally or neglectfully."
"If not the courts, then whom," said Murphy, writing for the pair.
In a dissent, Judge William Whitbeck said there "is little question" that Michigan has failed to meet its duty when it comes to the rights of criminal defendants who can't afford a lawyer.
But broad changes, he said, should be up to governors and lawmakers, not judges.
"This case involves a sweeping and fundamental challenge to Michigan's system," Whitbeck said.
Indeed, while the lawsuit is aimed at three counties, any changes in how the poor are represented would stretch elsewhere in the state. Steinberg called the decision a "significant victory."
"The ACLU will now have the opportunity to prove the criminal justice system is broken for poor people accused of crimes," he said. "When the defense system is dysfunctional, fair trials are impossible, innocent people go to jail and the guilty remain free to commit other crimes."
The Michigan Attorney General's office, which is representing the state in the lawsuit, said it was reviewing the opinion.
The case is being handled by Circuit Judge Laura Baird in Ingham County, the seat of state government. The appeals court upheld her decisions denying immunity to the state and certifying the lawsuit as a class action.
The court said it was not ruling on the merits of the allegations.
"If plaintiffs are to succeed, they must prove widespread and systemic constitutional violations that are actual or imminent," Murphy wrote.
Defense lawyer Marty Krohner of Farmington Hills hopes the ACLU wins. The former prosecutor mostly works in Oakland County, where there's a limit to how much he's paid to take a court-appointed case.
Krohner estimates he gets $500 for representing someone who pleads guilty to a felony. That typically means four appearances in court where he could be waiting a few hours. He also interviews witnesses and acts as an investigator.
"That's less than 100 bucks an hour. My time is worth a lot more than that," Krohner said. "This issue needs to be aired out. The bottom line will be funding - who's going to do the funding?"
Copyright 2009 The Associated Press.