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The promise

The promise. United States Constitution, Amendment VI “In all criminal prosecutions, the accused shall enjoy the right… to have the assistance of counsel for his defense.”. What is public defense?.

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The promise

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  1. The promise United States Constitution, Amendment VI “In all criminal prosecutions, the accused shall enjoy the right… to have the assistance of counsel for his defense.” What is public defense? The Constitution says you have the right to an attorney if you are accused of a crime, even if you cannot afford one. Effective defense representation is fundamental to a working justice system. 2 www.mijustice.org

  2. Imagine… • Being accused of a crime and meeting your attorney only a few minutes before a trial. • Despite your attorney’s best intentions and experience, she or he has little access to experts or investigators with which to build your defense. • Your attorney has an unmanageable caseload that makes it impossible to spend enough time to provide an effective defense. www.mijustice.org

  3. What is the problem? www.mijustice.org

  4. Michigan’s public defense system has been repeatedly singled out as one of the worst in the nation. www.mijustice.org

  5. Michigan’s failing system 6 • In one circuit court, an attorney is not appointed for juveniles who are participating in drug court. • Attorneys practicing in one district court wait in line to meet their clients in a unisex bathroom. • In one county, the district court judge can order a defendant to appear at a pre-trial conference alone, even if an attorney has been requested. www.mijustice.org

  6. Michigan’s failing system 7 • In another, the public defenders are required to provide a daily arraignment attorney, staff the Sobriety Court, and appear at line-ups without compensation. • In one county, a public defender represented 30 co-defendants, despite having multiple conflicts of interest. • In another district court, public defense attorneys from a misdemeanor contract firm spend an average of 32 minutes per case. www.mijustice.org

  7. www.michigancampaignforjustice.org

  8. NLADA 2008 report found… • Michigan’s per-capita investment in public defense services ranks 44th out of 50 states. • Michigan does not establish or enforce minimum national standards. Why? • Michigan has no statewide standards, monitoring, or training. • Michigan is one of seven states with no state funding for trial level & juvenile delinquency public defense. • Michigan’s funding is county-based. www.mijustice.org

  9. County-based funding Result: Counties with the greatest need have the fewest resources to devote to public defense. www.mijustice.org

  10. How does this affect you and your community? www.mijustice.org

  11. I. The system is failing our communities • Public safety is jeopardized when an innocent person goes to prison while the perpetrator remains free. • Eddie Joe Lloyd, Ken Wyniemko, and Walter Swift are just three of the wrongfully convicted. www.mijustice.org

  12. Eddie Joe Lloyd was exonerated by DNA evidence. He spent over 17 years in prison for a crime he did not commit. www.mijustice.org

  13. Frederick Freeman Has spent more than twenty years in prison. Evidence points to his innocence. Ken Wyniemko Eight years in prison for a crime he did not commit. Exonerated by DNA evidence. www.mijustice.org

  14. II. The system is failing Michigan taxpayers • Costly errors, inappropriate sentences, and wrongful convictions mean costly lawsuits and higher jail and prison costs. • 83 counties separately administering public defense services is inefficient. www.mijustice.org

  15. III. The system is failing the accused • The U.S. Constitution guarantees the accused the effective assistance of an attorney. In Michigan, this right is being denied. • Constitutional rights should be upheld. Rich or poor, every person in Michigan deserves a fair system of justice. www.mijustice.org

  16. Michigan’s failing public defense system must be fixed. www.mijustice.org

  17. Campaign for Justice • Who are we? • Broad-based, nonpartisan coalition of nearly sixty organizations and over 1700 individuals. • Faith-based groups, legal professionals, civil rights groups, social service/treatment providers, and public policy organizations. • What do we want? • Our sole mission is to win legislative reform of public defense system in Michigan. • What is our plan? • Educate the public and legislators. • Work with legislators in both parties. • Organize across the state – with YOUR help! www.mijustice.org

  18. Our goals for reform • Ensure Michigan establishes and meets minimum national standards for effective public defense delivery systems. • Secure adequate, statefunding of public defense services. www.mijustice.org

  19. The time is ripe for reform! • Duncan, et. al. v. State of Michigan (2007) • National Legal Aid and Defender Association study released (2008) • Campaign for Justice launched (February 2009) • Michigan House Judiciary Subcommittee on Indigent Defense appointed (March 2009) • House Bill 5676 introduced; first committee hearing (December 2009) www.mijustice.org

  20. How you can help 21 • Contact your lawmaker – “I support public defense reform!” • Tell five friends. • Share your story. • Write a letter to the editor of your local newspaper. • Participate in coffee hours in your local community. • Join the speakers’ bureau. • Find out more about the need for public defense reform. www.mijustice.org

  21. We can’t afford to not fix Michigan’s public defense system. www.mijustice.org (517) 372-3050  info@mijustice.org Facebook: Campaign for Justice Twitter: Working4Justice

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