New legislation would fix state’s public defender system

A new bill, HB 5676, has been introduced in the Michigan legislature to address the many problems with the state’s indigent defense system. The bill was submitted by Rep. Bob Constan (D-Dearborn Heights) and cosponsored by Rep. Justin Amash (R-Kentwood).

The legislation, dubbed the Michigan Public Defense Act, would create a state public defend commission and a state office for public defense. It would also require the naming of a state public defender and a state appellate defender. Those new officials would then establish statewide standards governing the process of providing public defenders to indigent defendants. New regional offices would then be established around the state to oversee the system in each region.

It would also establish a public defense fund to provide adequate state funding for the new system, but the details on where the money is to come from are not clear in the bill. The only specific source of funds in the bill is this:

All contribution fees collected by the courts under section 1k(1)(b)(iii) of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1k, if any, shall be deposited in the public defense fund for use by the office.

MCL 769.1k allows courts to impose fines to cover court costs on defendants who are found guilty, including, “The expenses of providing legal assistance to the defendant.” But as the text of the bill implies by the phrase “if any,” it’s unclear whether this will actually generate any money for the new fund.

Other than that, the bill simply requires that the state legislature “shall annually make an appropriation” to adequately fund the new system. That would be good, of course, but at a time of declining state revenue and massive budget cuts, it seems unlikely that indigent defense would be a high priority in Lansing.

Laura Sager, executive director of the Campaign for Justice, praised the legislation in a press release:

“For the innocent people who have suffered as a result of Michigan’s failing public defense system and the taxpayers who have had to foot the bill for errors and inefficiencies, the legislation Reps. Constan and Amash introduced to reform our system is something to celebrate. Putting in place a public defense system supported by state funding and based on national standards is crucial to ensuring Michigan uses taxpayer dollars effectively, protects public safety and meets its constitutional responsibilities. The Campaign for Justice, and our partners from across the political spectrum, look forward to working with lawmakers of both parties to enact a plan that reforms our system and meets our obligations to taxpayers, their communities, and the children and adults who must rely on it to be fair and just.”

The Michigan Campaign for Justice is a coalition of groups from a wide range of viewpoints, from the ACLU to Citizens for Traditional Values.