Public Defense Resources

Michigan Reports

Michigan Statistics

SADO surveys of county-based trial defense systems:: 2014 (collected as of February 13, 2014), 2012, 2010, 2007, 2006, 2005, 2004, 2003, 2002, 2001, 1999

MAACS surveys of county-based appellate defense systems:: 2014, 2012, 2011, 2009, 2007, 2003, 2001, 1997
Funding of Defense Services (Michigan):: 1999 - 2001, 1985

Per Capita Public Defense Expenditure, prepared by Jim Neuhard, SADO:: Michigan: 2001; All States: 2002

Type of Defense Delivery System:: Michigan, 2005, prepared by CDRC.

Expenditures for Indigent Defense Services:: All States, 2002, prepared by Spangenberg Group.

Michigan Litigation

Trial Lawyers Association of Wayne County Juvenile Court, et al, v Kelly, (SC# 133616) complaint for superintending control filed April 10, 2007, in Michigan Supreme Court, seeking reinstatement of lawyers removed as appointed counsel for their juvenile clients under a new local administrative order. The new order, LAO 2006-08, awarded contracts to attorney groups, for future and pending matters. Plaintiffs allege violations of the children's due process right to counsel and effective representation.

Order denying claim for superintending control, Michigan Supreme Court, July 18, 2007

Plaintiff's Reply to Defendant's Answer and Exhibits, May 10, 2007

Defendant's Response to Motion for Immediate Consideration, April 20, 2007

Press release, April 12, 2007

Complaint for Superintending Control, filed April 10, 2007

Brief in Support of Complaint

Defendant's Answer to Complaint, filed April 20, 2007

Exhibits for Defendant's Answer to Complaint

Duncan v State of Michigan, (SC# 139345) Civil rights class action filed on February 22, 2007 in Ingham Circuit Court, alleges constitutional deficiencies in defense of indigents in Berrien, Genesee and Muskegon Counties. The suit was filed by the Michigan Coalition for Justice.

Transcript of Motion to dismiss denied by Ingham Circuit Court. May 15, 2007

Notice of Hearing, Defendant's Motion for Summary Disposition and Defendant's Motion for Filing in Excess of Twenty Pages, April 5, 2007.

Complaint, February 22, 2007

Executive Summary

Dwayne B., et al v Granholm, et al, #2:06-cv-13548, a civil rights class action complaint, was filed on August 8, 2006, in the United States District Court for the Eastern District of Michigan. The suit is on behalf of all children who are now or will be in the foster care custody of the Michigan Department of Human Services, and seeks declaratory and injunctive relief. Among other claims, the complaint alleges that the quality of legal representation provided by many lawyer guardians ad litem is impaired by oppressive caseloads.

Order Denying Motion to Dismiss, April 17, 2007

Plaintiffs' Reply Brief in Support of Motion for Class Certification and Appointment fo Class Counsel, January 12, 2007

Defendant's Response and Brief in Opposition to Motion for Class Certification and Appointment of Class Counsel, November 13, 2006

Class Action Complaint - August 8, 2007

United States v Morris, Remand of federal gun case to state court due to ineffective assistance of state counsel in advising defendant of federal sentencing consequences; implicit challenge to impact of "Project Safe Neighborhoods" on fundamental rights. Filed September 7, 2004.

Sixth Circuit Opinion of December 7, 2006, affirmed in part, reversed in part and remanded.

Opinion of July 20, 2005, Hon. Arthur J Tarnow, remanding to state court for reinstatement of original plea offer.

Transcript of Hearing in federal district court, November 23, 2004

Defendant's Motion to Remand and Brief in Support, September 7, 2004

United States v Nixon, Claims of ineffective assistance of state defense counsel in failing to advise on federal sentencing consequences in gun case, like Morris above. Federal court orders on remedy, including access to documents on dual prosecution agreement between state and federal prosecutors.

Order denying government request for reconsideration of April order, May 19, 2004

Order directing government to produce documents for in camera inspection, April 23, 2004

Lloyd v City of Detroit, et al, Notice of Removal to Federal Court and Complaint, seeking damages for estate of man wrongfully convicted of murder and rape who was incarcerated for seventeen years before his DNA-based exoneration, alleging violations of civil rights, state and federal constitutional rights, and statutory rights under federal Rehabilitation Act. Settled.

Lloyd v Detroit Consent Judgment, June 26, 2006

Lloyd v Detroit, Order Granting Settlement, June 22, 2006

Lloyd v Detroit, Amended Complaint, May 10, 2005

Lloyd v Detroit, Order Granting Motion to Amend Complaint, May 6, 2005

Lloyd v Detroit, Motion for Disbursement and Settlement, April 27, 2006

Notice of Removal and Complaint for Damages, March 11, 2004

Watts, et al v Antkoviak, et al, Complaint for Damages and Equitable Relief by assigned attorneys against administrators and judges in Allegan County; attorneys holding contract for assigned juvenile cases allege that annual contract is awarded on a political basis.

Watts v Antkoviak, Joint Final Pretrial Order, October 3, 2006

Watts v Antkoviak, First Amended Complaint, August 7, 2003

Complaint for Damages and Equitable Relief, December 27, 2002

In re Wayne County Criminal Defense Attorneys Association and Criminal Defense Attorneys Association of Michigan, Complaint for Superintending Control against Chief Judges of Wayne Circuit Court, seeking enforcement of statutory right to "reasonable fees." Filed November 8, 2002; denied by Michigan Supreme Court on June 27, 2003.

Michigan Supreme Court order denying relief, with majority of court not persuaded that the fee schedule fails to provide reasonable compensation, June 27, 2003

Brief of Amicus Curiae, National Association of Criminal Defense Lawyers, May 8, 2003

Plaintiff's Reply Memorandum in Support of Their Request for Writ of Superintending Control, May 6, 2003

Michigan Supreme Court order granting motion to add Wayne County as party, March 31, 2003

Affidavits of Matt Evans (President of Wayne County Criminal Defense Attorneys) and Robert Spangenberg (national expert on fees), November 11, 2002

Memorandum in Support of Complaint for Superintending Control, November 8, 2002

Complaint for Superintending Control, November 8, 2002

In re Recorder's Court Bar Association v Chief Judges, Complaint for Superintending Control against Chief Judges of Detroit Recorder's and Wayne Circuit Courts, seeking enforcement of statutory right to "reasonable fees." Filed April, 1989; granted by Michigan Supreme Court on August 3, 1993.

Michigan Supreme Court decision, August 3, 1993

Brief in Support of Complaint for Superintending Control, April 13, 1989

Petitioner's Reply Brief, November 5, 1992

Respondent's Wayne County Brief, October 5, 1992

State Bar of Michigan's Amicus Curie Brief, October 1, 1992

Respondent's Wayne County Circuit Amended Supplemental Brief, September 25, 1992

Detroit Bar Association's Amicus Curie Brief, July 21, 1992

Michigan Appellate Assigned Counsel System's Amicus Curie Brief, May 14, 1991

Report of Special Master Hon. Tyrone Gillespie, April 3, 1991

Complaint for Superintending Control, April 13, 1989

Michigan News/Editorials/Press Releases

Links in this section are archival, predating 2006. For more recent materials, see www.michigancampaignforjustice.org/news_coverage.php

Michigan Lawyers Weekly:: "Changes likely for struggling indigent defense system," Michigan Lawyers Weekly, September 25, 2006.; "Press conference focuses attention on criminal defense system," Michigan Lawyers Weekly, October 2, 2006; "Indigent Criminal Services Strained by Underfunding," Michigan Lawyers Weekly, February 28, 2005
Criminal Defense Newsletter:: Attorney Fees and Public Defense System - vol. 25, no. 9, June, 2002; Attorney Fees: Federal and State Activity - vol. 25, no. 8, May, 2002; Michigan: 48th in the Country in Assigned Counsel Fees - vol. 25, no. 3, December, 2001; Lawyers Set to Take Action Against Low Fees - vol. 25, no. 2, November, 2001; Trial Assigned Counsel Fees By Circuit - vol. 24, no. 9, June, 2001; Reimbursement or Contribution: An Indigent's Assumption of Counsel Costs - vol. 24, nos. 6-7, March - April, 2001; From Other States: Alabama Attorney Fees Increase - vol. 22, no. 12, September, 1999; Reno Sets Tone for Collaboration - vol. 22, nos. 7-8, April - May, 1999; Hyde Amendment Applied in Western District Prosecution: Attorney Fees Awarded to Defense Counsel, v. 22, no. 3, December, 1998; Michigan Trial Assigned Counsel Fees, Part 2, vol. 21, no. 12, September, 1998; Michigan Trial Assigned Counsel Fees, Part 1, vol. 21, nos. 10-11, July - August, 1998; Michigan Appellate Assigned Counsel Fees August, 1997 - vol. 21, nos. 7-8, April - May, 1997; Low-Bid Criminal Defense Contracting: Justice in Retreat - vol. 21, no. 6, March, 1998; Attorney Fees: A Very Interesting Discussion - vol. 20, no. 5, February, 1997; Attorney Fees Inadequate in Maryland - vol. 20, no. 5, December, 1996; Attorney Fees: New York Judge Awards Overhead to Avoid Low Fee Schedule - vol. 20, no. 2, November, 1996; New Wayne Fee Schedule Both Graduated and Event-Based - vol. 17, no. 3, December, 1993; Court Denies Relief in Remaining Fee Cases - vol. 17, no. 1, October, 1993; Fee Decisions Released: Questions Remain - vol. 16, no. 11, August, 1993; Supreme Court Agrees to Hear Fee Cases - vol. 15, no. 10, July 1992; Costs: The Plot Thickens, vol. 15, no. 1, October, 1991; Assigned Counsel Fee Cases Pending in the Michigan Supreme Court - vol. 14, no. 8, June, 1991; Hearings Continue in Attorney Fee Case, vol. 13, no. 5, February, 1990; Wayne Fee Case Gets Master - vol. 13, no. 3, December, 1989; Attorney Fees Rise in Muskegon - vol. 13, no. 3, December, 1989
Detroit News: Lawyers Sue Court for Raise, Detroit News, November 12, 2002
Detroit Free Press: "Low Pay Buys Only Injustice for Poor Defendants," editorial, Detroit Free Press, November 12, 2002; "Serious on Lloyd Case, lack of Resources for Indigent Criminal Defense," letter to editor from CDAM President, F. Martin Tieber.
News Releases: Jill Price, CDAM President open letter to Defense Bar, September 7, 2006.; NACDL News Release, Indigent Defense in Crisis - Nationally and in Michigan, August 29, 2005.; Michigan's Patricia Maceroni resigns from appellate assigned counsel roster in Macomb County, citing "appalling" hourly rate of $25, July 20, 2006.; NACDL Urges Louisiana and Michigan to Review Montana's Example and Pass Indigent Defense Reform, June 8, 2005.; Lawsuit Asks Michigan Supreme Court to Take Superintending Control of Wayne County Circuit Court, Wayne County Criminal Defense Bar Association, November 11, 2002.; 20-Year Compensation Impasse Nearing an End for Wayne County Defense Attorneys, Wayne County Criminal Defense Bar Association, May 28, 2002.
Michigan Bar Journal: "Supreme Court Improves State's Indigent Defense System," by Dawn Childress and Anne Boomer, September, 2006.; "Indigent Criminal Defense Systems in the State of Michigan-A Time for Evaluation and Action, by Thomas W. Cranmer, February, 2006.; "What if you couldn't afford Perry Mason?," Nancy Diehl, November, 2004.; "It's a Crime: Michigan's system of compensation for criminal defense of the indigent is inadequate," Bruce Neckers, January, 2002.; Balancing the Scales of Justice: Training and Support Services for Appointed Criminal Defense Lawyers, F. Randall Karfonta, February, 1992.; Criminal Defense Services for Indigents: A Prosecution View, James L. Shonkwiler, February, 1992.
Other Media: Rich and poor deserve justice, Livingston Daily, October 5, 2006.; Public defenders face budget ax, Livingston Daily, September 21, 2006.; State not ensuring right of accused to effective counsel, Flint Journal (Opinion), March 19, 2007.; State public defenders finding poor, panel warns, Ann Arbor News, September 18, 2006.; Innocence Project co-founder addresses State Bar meeting, Detroit Legal News, September 29, 2006.

Michigan Reform Movement

In October 2011, Governor Snyder issued Executive Order 2011-12, establishing the initial Indigent Defense Advisory Commission, which was responsible for recommending improvements to the state’s legal system. This followed years of work by the Michigan Campaign for Justice (CFJ), a group that advocated for broad improvements to Michigan's indigent defense system. Recommendations from the Advisory Commission served as the basis for legislation to address this need and called for the 15-member Indigent Defense Commission that the governor signed into law in July 2013, launching the Michigan Indigent Defense Commission. The Michigan Indigent Defense Commission Act can be found at MCL 780.981 - 780.1003. For historic information about the efforts to enact this legislation, please see the archived content on the CFJ's website, which is hosted by SADO.

The Michigan Public Defense Task Force, founded in 2001, is comprised of criminal and juvenile justice professionals, as well as concerned citizens from all walks of life, working to secure a legislative solution to Michigan's critically ill defense services system.

The State Bar of Michigan, the professional association to which all Michigan attorneys must belong, endorsed in 2005 the Eleven Principles of a Public Defense System. The Bar's Committee on Assigned Counsel Standards developed Standards for [Trial Level] Assigned Counsel, August 17, 1996. The Bar’s Representative Assembly adopted the Eleven Principles on April 27, 2002.

The Michigan Legislature adopted in 2006 Senate Concurrent Resolution No. 39, calling for study of Michigan's public defense system by the National Legal Aid and Defender Association (NLADA).

Michigan Attorney Fee Resources

Fee issues include not only the amount paid to assigned counsel, but fees for investigators and expert witnesses.

The Criminal Defense Attorneys of Michigan (CDAM) has a Task Force on Fees that can provide support to attorneys who are litigating fee issues. See www.cdam.net

Subscribers to CDRC web services have online access to resources, including:

Defender Trial Book, Chapter 4: Counsel Compensation

Defender Motion Book, Chapter 4: Motion for Attorney Fees and Expenses

Defender Motion Book, Chapter 5: Motion for Appointment of Investigator

Litigating Fee Issues

The CDRC maintains and distributes litigation support documents, including the following:

Time Tracking Document
Sample Motions
Pleadings and court orders in Davis, litigated by Bay City's Ken Malkin
- Motion for Reconsideration on Application For Leave to Appeal, August 1, 2007
- Supreme Court Order, December 5, 2007
- Order for Expert, February, 2008
Federal Constitutional underpinnings for claims (Defender Habeas Book, section 1-4-k-iii)

Specific fee litigation and systemic challenges to Michigan’s public defense system are listed in the CDRC’s public defense resources pages. In most cases, pleadings also are available for these cases.

National Litigation

Bromgard v Montana: Bromgard Newsletter Reports, Source: Innocence Project and NACDL's The Champion, January/February, 2003; Complaint, September, 2004; "Bromgard Suit Blames Defender System," Billings Gazette, December 26, 2007; Bromgard Court Findings, January, 2008; "Bromgard Settles with State for $3.5 M", Billings Gazette, January 12, 2007

National Reports and Studies

ABA Formal Opinion 06-441, Ethical Obligations of Lawyers Who Represent Indigent Criminal Defendants When Excessive Caseloads Interfere, May 13, 2006.

ABA Report on Gideon's Broken Promise, nationwide, 2004, and an ABA web site including an interactive map describing each state's system.

ABA Report on Use of Contracts for Defense Services, opposing contracts awarded on basis of cost alone, 1985

ABA "Ten Principles of a Public Defense Delivery System," adopted by ABA House of Delegates, February 5, 2002

Americans Consider Indigent Defense: Analysis of a National Study of Public Opinion, January, 2002

Assigned Counsel Policies adopted by the National Association of Criminal Defense Lawyers, May, 1997. Eight goals to guide NACDL, focusing on basic constitutional principles including the right of indigent defendants to quality representation.

Expenditures for Indigent Defense Services, all states, 2002; Spangenberg Group.

Indigent Defense Services in Large Counties, 1999, Bureau of Justice Statistics Bulletin.

Guidelines for Negotiating and Awarding Governmental Contracts for Criminal Defense Services, containing guidelines on caseloads, compensation, support services and contract administration, National Legal Aid and Defender Association, 1984.

Index of National, State and Local Standards and Guidelines relating to Administration of Defense Services, Spangenberg Group, 1997.

Making the Case: Therapeutic Jurisprudence and Problem Solving Practices Positively Impact Clients, Justice Systems and Communites They Serve, Cait Clark and James Neuhard, Spring, 2005, published 17 St. Thomas L. Rev. 781.

Model Contract for Public Defense Services, National Legal Aid and Defender Association, 2000

Performance Guidelines for Criminal Defense Representation, National Legal Aid and Defender Association, 1995.

The Price of Justice: Money, Fairness and the Right to Counsel, Analysis of Focus Groups on Indigent Defense conducted for the Open Society Institute and the National Legal Aid and Defender Association, by Belden Russonello & Stewart, September, 2000.

Rates of Compensation for Court-Appointed Counsel in Non-Capital Felonies at Trial, Spangenberg Group, July, 2002.

Rates of Compensation Paid to Court-Appointed Counsel in Non-Capital Felony Cases at Trial: A State By State Overview, Spangenberg Group, October, 2002.

Report of the Indigent Defense Focus Group of the Office of Justice Programs and Bureau of Justice Assistance, November, 1997. Group reported a "strong consensus" that indigent defense has not received its "fair share" of funding when compared to other components of the justice system.

National News/Editorials/Press Releases

Indigent Defense: ABA Commission on Effective Criminal Sanctions (policy recommendations on community-based alternatives to incarceration, access to criminal history information, and more), adopted by ABA House of Delegates, February 12, 2007.; Competent Lawyers and Constant Vigilance, Remarks of U.S. Attorney General Janet Reno at the 2000 National Symposium on Indigent Defense, Volume 4, Number 2, October/November, 2000.; Improving Criminal Justice Systems Through Expanded Strategies and Innovative Collaborations, Report of the 1999 National Symposium on Indigent Defense, published March, 2000, Volume 4, Number 2, October/November, 2000.
National Law Journal: Indigent Defense Services Blasted, by Leonard Post, July 12, 2004.
USA Today: 8 years in a Louisiana jail, but he never went to trial, USA Today, August 29, 2005.

Activities in Other States

Overview:: NACDL Indigent Defense Site; NLADA Defender Legal Services site

ABA Standing Committee on Legal Aid and Indigent Defendants

Georgia:

Georgia Indigent Defense Act, adopted April, 2003

Report on Chief Justice's Blue Ribbon Commission on Indigent Defense, December, 2002.

Indiana:

Indiana Public Defender Commission Act, adopted 1989.

Louisiana:

Excerpt from: 2005 State of the Judiciary Address, Pascal F. Calogero, Jr., May 3, 2005.

In Defense of Public Access to Justice, March, 2004.

Louisiana v Citizen:: Louisiana Supreme Court Decision, April 1, 2005.; Opposition of Defendants to Application of Calcasieu Parish Police Jury for Supervisory Writ, May, 2004.; Motion to Determine Source of Funds to Provide Competent Defense, December, 2003; Motion to Determine Source of Funds to Provide Competent Defense, December, 2003.
Louisiana v Langley:: Motion to Stay Proceedings Pending Determination of Source of Funding, 2005.
Louisiana v Lewis:: Motion to Determine Source of Funds to Provide Competent Defense, December, 2004

Massachusetts:

A Case History of Reform, The Spangenberg Group, August, 2005.

Mississippi:

Assembly Line Justice - Mississippi's Indigent Defense Crisis, NAACP Legal Defense and Education Fund, March, 2003.

Montana:

ACLU News Release on 2005 Montana Public Defender Act, June 8, 2005.

Montana Public Defender Act, adopted 2005.

Complaint filed in White, et. al. v Martz, et. al. filed by the American Civil Liberties Union, 2004.

Nevada:

NLADA report, March, 2005.

Miranda v Clark County, Nevada, published by the United States Court of Appeals for the Ninth Circuit, February 3, 2003.

New York:

New York County Lawyers' Association v State and City of New York, issued by Judge Lucindo Suarez, of the Supreme Court of the State of New York on February 5, 2003.

North Carolina: