Stop Cutting Corners On Justice

March 1, 2007
Detroit Free Press
Editorial

Michigan has failed to provide adequate legal defense for poor people because of scandalously low pay for court-appointed attorneys and a lack of uniform standards and state oversight. The state's patchwork indigent-defense system, with each county doing its own thing without state support, often denies justice to those who can't afford to hire their own lawyers.

In theory at least, truth emerges -- and justice prevails -- in court from the adversarial efforts of a competent prosecutor and vigorous defense attorney. That's not what happens, though, when outgunned and underpaid defenders cut corners or coax guilty pleas because they can't afford to take a case to trial.

In a class-action lawsuit filed last week by the Michigan Coalition for Justice against the state and Gov. Jennifer Granholm, most plaintiffs said they never met with assigned defense attorneys until the day of their preliminary hearing.

It's the state's responsibility to fix this broken system and bring it to constitutional standards. It can do that by ensuring, through a statewide agency and financial support of the system, that compensation, training and performance standards are uniform and adequate for Michigan's court-appointed attorneys. Paying them by the hour, while no panacea, would enable lawyers to adequately represent their clients.

Safeguarding the legal rights of all would ultimately save money by reducing some sentences and sending fewer people to prison because of legal errors and incompetence. Michigan ranks near the bottom in state spending to defend the poor and, not coincidentally, near the top in high-cost incarceration rates.

The system is broke, and it serves neither justice nor the taxpayer. If the state doesn't address the problems, the courts probably will -- which will probably mean higher costs and less control.

On the Internet: www.micoalitionforjustice.org.




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