The state’s highest court has thrown out an American Civil Liberties Union lawsuit that argued that the state of Michigan was not ensuring adequate representation for poor people who cannot afford lawyers.
According to the Detroit Free Press, in a 4-3 ruling today the court reversed a May decision to allow the case to go to trial.
Only two months ago, the court had unanimously upheld an appellate ruling to allow the case to proceed to trial.
But Justice Stephen Markman, in a concurring opinion released today, said the decision was erroneous. Siding with an opinion issued by a dissenting judge on the Court of Appeals, Markman said there is no constitutional guarantee that an indigent defendant be provided a particular attorney, one of a particular skill level or that the defendant and his counsel have a right to “a meaningful relationship.”
Joining Markman were justices Maura Corrigan and Robert Young Jr. Justice Elizabeth Weaver supported the result, but did not sign Markman’s concurrence.
The ACLU had argued that by allowing inadequate indigent defense services in Berrien, Genesee and Muskegon counties Michigan was failing to meet its Sixth Amendment responsibility.
According to a study prepared by the National Legal Aid and Defender Association Michigan “fails to provide competent representation to those who cannot afford counsel in its criminal courts.”
As Ed Brayton reported last year:
The report notes that in Detroit, only five part-time public defenders handle between 2,400 and 2,800 cases a year, spending an average of 32 minutes on each case. The national standard for public defenders is 400 cases per year. And some courts, according to the report, do not provide public defenders at all for misdemeanor cases, and others are so overwhelmed with cases that they will “offer to let people get out of jail for time-served if they agree not to ask for an attorney.”