New SBM Initiative to Address Civil Law Consequences of Criminal Convictions

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New SBM Initiative to Address Civil Law Consequences of Criminal Convictions

11/13/06

The State Bar of Michigan has a long-standing history of working to make the justice system fair and accessible to all. Now, its umbrella volunteer committee, Justice Initiatives, is taking on a new challenge: the many unmet needs that arise from the interconnection of civil and criminal issues.

The Criminal Issues Initiative (C.I.I.), chaired by Detroit-area attorney Frank D. Eaman, will examine closely whether lawyers and the justice system are dealing as well as they should with the civil and collateral consequences of some crimes — for instance, when people convicted of certain crimes are no longer eligible to receive student aid or government housing or when non-citizens can be deported even for minor crimes. It's a question of attorneys and clients knowing that when criminal punishments end, their clients may still face negative, and in some cases more serious, consequences than their criminal punishments.

"A lot of lawyers don't know what the civil and collateral consequences of criminal convictions are, and they run the risk of resolving their criminal cases with minimal criminal consequences to their clients such as probation, but with maximum civil or collateral consequences such as deportation. We are trying to educate lawyers about these problems so that they will understand what will happen to their clients if they are convicted of certain crimes," Eaman said.

A 22-member committee headed by Eaman plans to host a joint conference with Michigan law schools, develop training programs and resources like decision checklists, handbooks, manuals, self-help materials and training modules so attorneys and other interested organizations can learn more about the civil and collateral consequences of criminal convictions.

"In addition to informing criminal defense attorneys about the civil and collateral consequences of their clients' convictions, our committee expects to move forward in the future with other programs directed toward improving the delivery system of indigent defense in Michigan and in ensuring that indigent defendants have equal access to criminal justice along with those who are able to afford their own attorneys," Eaman added.

Members of the Criminal Issues Initiative come from various disciplines and will work to come up with holistic solutions to criminal justice and representational issues. Members of the group are:

Frank D. Eaman, Chair Bellanca, Beattie & De Lisle, PC Harper Woods, MI	Martin P. Krohner, Vice Chair Law Offices of Martin Krohner, PLC Farmington Hills, MI
Miriam J. Aukerman Western Michigan Legal Services Grand Rapids, MI	Hon. Mabel Mayfield Berrien County Juvenile Court Judge Saint Joseph, MI
Sheila Spalding Blakney Senior Assistant Public Defender Washtenaw County Office of Public Defender Ann Arbor, MI	Sharon McPhail General Counsel Office of the Mayor Detroit, MI
Hon. William Leo Cahalan Third Circuit Court Detroit, MI	Nelson P. Miller Assistant Dean Thomas M. Cooley Law School Grand Rapids, MI
Caridad Pastor Cardinale Pastor & Associates PC Troy, MI	Lawrence P. Mulligan Of Counsel Smith Haughey Rice & Roegge PC Grand Rapids, MI
Hon. Alton T. Davis Michigan Court of Appeals Lansing, MI	James R. Neuhard Director State Appellate Defender Office Detroit, MI
Margaret "Maggy" E. Davis Associate Director Org. Crime Drug Enforcement Task Force US Department of Justice Washington, DC	Valerie R. Newman Assistant Director State Appellate Defender Office Detroit, MI
Anthony A. Derezinski Director, Governmental Relations Michigan Association of School Boards Lansing, MI	Linda K. Rexer Executive Director Michigan State Bar Foundation Lansing, MI
Stuart J. Dunnings, III Ingham County Prosecutor's Office Lansing, MI	Angela Kay Sherigan Wojnecka & Sherigan, PC Warren, MI
Rodrick K. Green Law Office of Rodrick K. Green Detroit, MI	Regina Daniels Thomas Chief Counsel - Juvenile Law Group Legal Aid & Defender Association, Inc. Detroit, MI
David C. Koelsch Director, Immigration Law Clinic University of Detroit Mercy School of Law Detroit, MI	Serah E. Wiedenhoefer Law Offices of Sherriee L. Detzler PLLC Utica, MI

For more information, contact Laura Graham, program manager, Equal Access Initiative at (517) 346-6417.

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