Listening to Michigan prosecutors cry

Michigan prosecutors have it tough these days. All you have to do is listen to them complain. Some of their most recent comments can be read in Paul Egan’s fine Detroit Free Press story: Michigan prosecutors push back as state allocates millions for indigent defense. 

Keep in mind that I’m an amateur. I’m an old guy who got into the field of advocating for prisoners late in life. I have no legal credentials or experience. But, I am a journalist, and I accurately report what I see and have seen. 

When I got into this business in the mid-1990s, prosecutors held all the good cards. They had police departments and state agencies at their beck and call. They had investigators on staff. And, they had dollars. 

True, the constitution guarantees that everyone must have legal counsel. But, in those days, some penniless guy who got arrested might end up with a court-appointed attorney who got the job by submitting the lowest bid. My friend Maurice Carter was charged with assault with intent, and his court-appointed counsel never even met with him until the morning of the trial! The ensuing courtroom session was a comedy. 

That problem was recognized in Michigan, and in 2013 the Michigan Indigent Defense Commission (MIDC) was created by our state legislature. The MIDC works to ensure the state’s public defense system is fair, cost-effective and constitutional. Its formation brought about change. 

That started prosecutor-grumbling. 

Fast forward to 2023. 

Reports Paul Egan in the Freep: “The budget state lawmakers approved last week includes tens of millions of dollars in new funding to provide qualified lawyers for Michigan residents who can't afford one, as Michigan continues a multiyear reform effort to comply with requirements of the U.S. Constitution.” 

Now we’re hearing the increased volume of “Wah, Wah” from state prosecutors: “The state is tipping the scales of justice too far in favor of accused criminals!” 

Egan’s reporting shows that state funding for indigent defense roughly doubled from $87 million in 2019 to $172 million in 2023, according to House Fiscal Agency records. 

“In 2022, more than 229,000 accused people were represented by appointed attorneys at their Michigan arraignments, compared with just 1,000 who were represented before the Michigan Indigent Defense Commission was created in 2013, records show.” 

Whines Kent County Prosecutor Chris Becker: “Public defenders are filing more motions and the clients they represent are less willing to agree to plea deals.” 

It’s about time! 

Chuckles John Shea, an Ann Arbor attorney who has done indigent defense work and has been a member of the Michigan Indigent Defense Commission: "That's exactly what's supposed to happen when you have an adequately funded defense bar."



 

 

 

 

Comments

Anonymous said…
Hurray! Way to go, Michigan!
July 6, 2023 at 1:01 PM
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