Evaluation of Trial-Level Indigent Defense Systems in Michigan is a publication of the National Legal Aid & Defender Association. Copyright 2008. Used with permission.

A Race to the Bottom
Speed & Savings Over Due Process: A Constitutional Crisis

June 2008

Researched and written by the National Legal Aid & Defender Association

Note: Due to its large file size, the report has been divided into several parts. You can also view the report as one document. [View Entire Report 6.0MB PDF]

Executive Summary

The National Legal Aid & Defender Association (NLADA) finds that the state of Michigan fails to provide competent representation to those who cannot afford counsel in its criminal courts. The state of Michigan's denial of its constitutional obligations has produced myriad public defense systems that vary greatly in defining who qualifies for services and the competency of the services rendered. Though the level of services varies from county to county—giving credence to the proposition that the level of justice a poor person receives is dependent entirely on which side of a county line one"s crime is alleged to have been committed instead of the factual merits of the case—NLADA finds that none of the public defender services in the sample counties are constitutionally adequate.
[Executive Summary 1.2MB PDF]

Table of Contents

1. Overview 376KB PDF
2. Michigan"s History of Muting Gideon"s Trumpet 1.5MB PDF
3. Prioritizing Speed in Michigan"s District Courts 959KB PDF
4. The Failure to Ensure Independence of the Defense Function: The Jackson County Story 1.9MB PDF
5. The Failure of Michigan"s Counties to Adhere to the ABA Ten Principles 416KB PDF
6. Creating a Level Playing Field: The Failure to Ensure Prosecutor & Defender Parity 292KB PDF
7. Conclusion: Michigan"s 11th Principle 62KB PDF

Endnotes 128KB PDF
NLADA Site Team Biographies 144KB PDF