Federal Legislation to Help States with Public Defense Problems Introduced

By virtually all accounts, Michigan's public defense problem's are bigger than everyone else's.  So it's a cause for hope, at least, that Sen. Patricky Leahy has introduced the Justice for All Reauthorization Act of 2010 to provide assistance to states to carry out their responsibility to provide counsel to indigent criminal defendants in compliance with the 6th Amendment. On the "stick" side of the equation, the proposed legislation gives the Department of Justice authority to sue states that do not properly meet 6th Amendment requirements. 

Here's the bill (PDF).

Learning from Injustice

A recent editorial in the Washington Post examines two high-profile exonerations and asserts that Donald Gates and James Bain aren't alone. Gates served 27 years in prison for a 1981 murder in Washington, D.C., that DNA now proves he didn't commit. James Bain served 35 years in Florida prisons, more than any other exoneree in American history, before DNA set him free on December 17.

"As appalling as the two cases are, what's even scarier is the thought that imperfections in the criminal justice system will go uncorrected and more people could be wrongly jailed,," the Washington Post editorial says.

This is why the Innocence Project works to address the root causes of wrongful convictions. For every person freed through DNA testing, countless others remain behind bars without the evidence needed to prove their innocence.

Donald Gates was convicted in 1981 based on improper forensic testimony, and in 2010 we still haven't addressed the lack of consistent forensic standards and oversight in this country. Learn more about the need for federal forensic reform and take action today at the Just Science Coalition website.

Lawsuit on behalf of poor defendants stays alive; Genesee, Berrien, Muskegon counties at heart of case

by Ed White | The Associated Press

Friday June 12, 2009, 1:40 PM

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 means getting attorneys who are not qualified or able to effectively represent them.

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.

In his dissent, Judge William Whitbeck said there "is little question" that Michigan has failed to meet its responsibilities 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.
Mike Steinberg of the American Civil Liberties Union, a co-counsel in the case, called the decision a "significant victory." While the lawsuit is aimed at three counties, any changes in how the indigent are represented would stretch elsewhere in Michigan.

"The ACLU will now have the opportunity to prove the criminal-justice system is broken for poor people accused of crimes," Steinberg 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," he said.

A message seeking comment was left with the attorney general's office, which is representing the state in the lawsuit.