Indefensibly shortchanged justice

From the Detroit Free Press:

Scandalously low pay for court-appointed attorneys and a lack of state standards and oversight have made Michigan a McJustice state — with expedience stressed over upholding a fundamental constitutional right.

The criminal justice system works when truth emerges from the adversarial efforts of a competent prosecutor and vigorous defense. It fails miserably when an outgunned and underpaid public defender is effectively encouraged to cut corners.

A just released report requested by the Legislature in 2006, examining public defense in 10 sample counties, should force an overdue fix.

“A Race to the Bottom,” the title of the study conducted by the National Legal Aid & Defender Association and released last week by the State Bar of Michigan, found that defense attorneys routinely lack the time, training, investigators, experts and resources to prepare cases adequately. Others are appointed to cases for which they are not qualified. Many criminal defendants never speak to an attorney.

Fixing the problem will cost money, but very little compared to the $2 billion a year that Michigan spends on prisons. Getting it right at trial time is especially important today, when appeals courts and the Michigan Supreme Court practically rubber-stamp criminal convictions.

The system cannot be fixed by the hodgepodge of poorly funded county programs for indigent defense. Michigan must establish state standards and oversight of its public defense system — and ensure uniform and adequate funding to counties.

From a purely fiscal standpoint, this is a mess almost begging for a class-action lawsuit that could cost the state plenty. But more basically, budget problems cannot be an excuse for curtailing constitutional rights. Louisiana is in no better shape than Michigan, yet legislators in that Katrina-ravaged state last year passed comprehensive reforms on indigent defense that include quadrupled funding.

“When people understand that one of our cherished constitutional rights is in danger, they find a way to come together and fix it,” said David Carroll of the National Legal Aid & Defender Association.

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