Traverse City Record-Eagle

Archive: Tuesday

June 26, 2012

Editorial: Commission falls short of fix for indigent defense

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Just about the last thing the state of Michigan needs is a new state agency with a new set of rules, a staff and an executive director, but not enough money or clout to get the job done.

Even when the new agency is aimed at ensuring rights written into the state constitution that could help the state save millions and keep innocent people from going to jail.

Four years ago a national study said Michigan was 44th in the nation in terms of what it spent to defend indigent criminal defendants. Given the state’s relatively high cost of living, being 44th means we’re way, way behind the amount we should probably be spending.

Last October, Gov. Rick Snyder created a commission to study the state’s court-appointed system for lawyers. That system, through the constitution, obligates the state to pay to hire lawyers to defend those who can’t afford an attorney.

The problem has always been, however, that the state has left it up to the 83 counties to decide the rules and decide how much they pay attorneys. The result, according to a report issued by the commission last week, is that rules, pay and performance vary widely from county to county; the system has been roundly criticized for uneven treatment of both lawyers and people accused of crimes.

The commission said the state needs a new state agency to set and enforce standards for attorneys who represent poor criminal defendants. The agency would have an executive director and a staff and would investigate the work of court-appointed lawyers and set standards that meet the constitutional rights of the accused.

While it may be difficult for some of us to muster sympathy for people accused of crimes, remember that they have the constitutional right to be represented by an attorney; if a defendant can’t afford one, an attorney must be appointed for him or her. We must also remember that Michigan has approximately 44,000 inmates in prisons now and spends more than $2 billion a year to house and feed them. Having a system that provides competent legal defense, then, is a constitutional imperative.

Unfortunately, the commission didn’t take the crucial last step — calling for the state to ensure that counties pay enough to attract good legal representation and permit lawyers to mount a reasonable defense.

The group said there should be help from Lansing, but that’s probably not enough. The key to providing a good defense will continue to be what it has always been — money. And without a state mandate, some counties will never get it right.

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