Criminal defendants who cannot afford a lawyer are routinely processed through Michigan's justice system without ever speaking to an attorney in violation of the U.S. Constitution, according to a new study.
The yearlong report released Tuesday was requested by the state Legislature and evaluated public defense systems in 10 sample counties. It found that none are constitutionally adequate.
The study said many of today's problems are the same as they were 75 years ago.
Defense lawyers are being appointed to cases for which they are not qualified. They are underpaid and do not have sufficient time, training, investigators, experts and resources to prepare cases and battle better-funded prosecutors and police.
``Defense reforms must start now. The Constitution does not allow justice to be rationed due to insufficient funds,'' said David Carroll of the National Legal Aid & Defender Association, which released the report in conjunction with the State Bar of Michigan.
Forty-three states spend more per capita on indigent defense than Michigan, which is among just seven states to provide no state funding for public defenders at the trial level. Because county governments pick up the expense, they spend unequal amounts.
Counties most in need of indigent defense services often are the ones that least can afford to pay for it, the study said.
Instead of having full-time public defender offices, many counties are controlling costs with low-bid, flat-fee contracts in which attorneys accept cases for a predetermined fee. That causes a conflict of interest between their duty to competently defend their clients and a financial self-interest to invest less time on cases to maximize profits, the report found.
``The majority of people requiring appointed counsel are simply the unemployed or underemployed - the son of a co-worker, the former classmate who lost her job or the member of your congregation living paycheck to paycheck to make ends meet,'' the study said.
While poor defendants accused of felonies get a lawyer, those charged with misdemeanors in district court often never speak to an attorney.
``District courts across the state are prioritizing speed, revenue generation and non-valid waivers of counsel over the due process protections afford by the United States Constitution,'' according to the report.
The Senate and House scheduled hearings Tuesday and Wednesday to hear the findings. Advocates also are holding a conference in Lansing Thursday in hopes of changing the system.
Sen. Alan Cropsey, a DeWitt Republican who sponsored a measure in 2006 asking for the study, said it is important and will be considered by lawmakers. But he said public safety and crime victims' rights are important, too.
The 10 counties studied were Alpena, Bay, Chippewa, Grand Traverse, Jackson, Marquette, Oakland, Ottawa, Shiawassee and Wayne. The report found faults in each of the counties, ranging from undue interference from judges to high caseloads to not providing court-appointed attorneys a confidential space to meet with their clients.
Last year, the American Civil Liberties Union sued the state on behalf of poor defendants and accused it of not spending enough on public defenders.
The lawsuit is pending.
Michigan counties spend about $74 million a year on indigent defense. To rank near the middle nationally, they would have to spend about $46 million more annually at a time the state and local governments are strapped for cash.
Carroll, however, said the extra money would be a ``drop in the bucket'' compared with the $2 billion a year Michigan spends its prison system.
Copyright 2008 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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