MI Indigent defense Subcommittee

Posted by Minni

Chair of MIchigan's indigent defense subcommittee Bob Constan speaks about ideas the committee is reviewing for new legislation on indigent defense:

Bob Constan, State Rep 16th house dist Chair of Indigent Defense subcommittee
What’s happened is because money seems to be tighter and tighter money for indigent criminal defense is the first area to get cut. We have a system now that varies from county to county. Funding [public defense] programs at the state level instead of a county level so we have same system throughout the state is maybe something we have to look at doing.
What works or doesn’t work in Wayne County may or may not work elsewhere. I’m an attorney. I’ve been in private practice for 21 years and a lot of the courts are moving to the lowest bidder contracts where one person comes in and handles all the cases that day. There’s no continuity representation. None the fees have been updated in years and years and years. We’re [Michigan is] very low on the totem pole. When they do the budget that’s one area that doesn’t get any cost of living adjustments.
Looking at how we can get more bang for the buck – one of the things we’re gonna need is some increased funding. Well we’re going to look at adding something to the bail bonds business – looking at some revenue sources there – the different fees or costs that are assessed –whatever revenue streams we can latch onto. [Changes in the current public defense policy] have to be done. They’re just changes that have to be made we’re not meeting our constitutional obligations – the ACLU has filed a lawsuit as they’ve done in other states – we just have to update and improve our criminal indigent defense. We have to make sure we get every dollar we can. Our state public defenders office handles 1/4 of criminal appeals – they’re doing a very good job. They have attorneys that specialize and that’s all they do. They’re very good at what they do. All they do is criminal appeals so they become specialized. You have to look at efficiencies like that. That could work statewide. The end result will be some legislation that will improve our criminal defense system. It will be introduced in the next six months.