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Indigent Defense
THE RIGHT TO AN ATTORNEY The Sixth Amendment guarantees every person accused of a crime the right to an attorney for his or her defense, regardless of ability to pay, and the Fourteenth Amendment guarantees all citizens equal rights regardless of race or national origin. Yet all too often, these rights are violated by indigent defense systems that leave low-income people, including many people of color, without adequate representation. Juveniles are especially hard-hit by inadequate public defense, as conviction in juvenile court is a common first step on the School to Prison Pipeline. Through the Racial Justice Program, the ACLU works to ensure that criminal justice systems provide equal justice for all. We file lawsuits challenging governments' failure to provide adequate legal representation, and work with state governments to craft well-functioning indigent defense systems. |
Landmark Lawsuit Seeks Repairs to Michigan Justice System
The Michigan Coalition for Justice filed a landmark lawsuit today against the state of Michigan and Governor Jennifer Granholm for failing to fulfill their constitutional obligation to provide adequate defense services to those who cannot afford private counsel. The coalition charges that Michigan has long abdicated its duty to ensure that poor people accused of crimes receive timely, qualified and appropriately resourced lawyers for their defense.
> Press Release: Landmark Lawsuit Seeks Repairs to Michigan Justice System (2/22/2007)
> Complaint and Related Content
Bill Ensures Montanans' Constitutional Rights
Montana Legislature's passes groundbreaking public defender legislation (pdf, off-site) that creates a new statewide office and guarantees constitutional rights to all Montanans, not just those who can afford to pay lawyers. "A national movement is underway to protect the legal rights of poor people, and Montana is leading the charge," said Vincent Warren, a senior staff attorney with the ACLU who worked with the local ACLU to promote the law's passage. "A year ago, poor people accused of crimes in Montana regularly had the doors to justice slammed in their faces. Thankfully, for them today is a new day." Read more >>
Supreme Court Strikes Michigan Law
The U.S. Supreme Court ruled that the Michigan law denying legal representation to poor people in a criminal appeal is unconstitutional. The ACLU of Michigan filed the one of a kind case after the law was passed in 1999. Halbert v. Michigan began in 1999 after the state legislature passed a law forbidding judges from appointing counsel to help indigent criminal defendants with appeals where the defendant had pled guilty. "This law further compounds an already inadequate defense system in the state," said Kary Moss, ACLU of Michigan Executive Director. "Removing the right to counsel because someone cannot afford to hire an attorney will have devastating effects for the state." Read more >>
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Press Releases
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ACLU In Court To Protect Right To Adequate Legal Representation (01/31/2008) RICHMOND, VA – The Fourth Circuit Court of Appeals will hear arguments tomorrow in a lawsuit brought by the American Civil Liberties Union to seek a fair compensation process for lawyers representing indigent defendants in that court. The case involves two court-appointed attorneys whose fees in a death penalty case were cut drastically and without any explanation from the court.
Landmark Lawsuit Seeks Repairs to Michigan Justice System (02/22/2007) LANSING, MI - The Michigan Coalition for Justice filed a landmark lawsuit today against the state of Michigan and Governor Jennifer Granholm for failing to fulfill their constitutional obligation to provide adequate defense services to those who cannot afford private counsel. The coalition charges that Michigan has long abdicated its duty to ensure that poor people accused of crimes receive timely, qualified and appropriately resourced lawyers for their defense.
Statewide Public Defender Becoming a Reality (06/08/2005) The American Civil Liberties Union today applauded the Montana legislature for enacting a precedent-setting bill that creates the state's first ever state-wide public defender office.
ACLU Hails Montana's Public Defense Bill as Leading National Trend (06/08/2005) HELENA, MT - The American Civil Liberties Union today applauded the Montana Legislature's passage of groundbreaking public defender legislation that creates a new statewide office and guarantees constitutional rights to all Montanans, not just those who can afford to pay lawyers.
ACLU of Michigan Argues in Supreme Court that the Poor Have a Right to Counsel (04/25/2005) DETROIT -- The American Civil Liberties Union of Michigan today urged the Supreme Court to strike down a Michigan law denying legal representation to thousands of poor people in their criminal appeals. The Court will consider the issue during oral argument today.
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Right to Counsel
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Legal Documents
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Duncan et al v. State of Michigan - Complaint (02/22/2007)
Ensuring Access to Counsel in Ohio: Petition to the Ohio Supreme Court (03/09/2006) Petition calling for the court to protect children’s right to counsel when they are accused of a crime. Petition was submitted by the ACLU, Children's Law Center and Office of the Ohio State Public Defender.
An Assessment of Indigent Defense Services In Montana, Submitted in the Case White v. Martz, CDV-2002-133 (08/05/2004)
Tesmer v. Granholm Supplemental Statement of Facts (10/23/2002)
Tesmer v. Granholm Petition for Rehearing En Banc (07/10/2002)
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Criminal Justice
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Legislative Documents
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Testimony by Senior Staff Counsel Vincent Warren Before the New York State Commission on the Future of Indigent Defense Services (02/15/2005)
Coalition Sign-On Letter to the House Committee on the Judiciary Advising Them on the Blakely v. Washington Decision and Its Effect on the Federal Sentencing System (07/20/2004)
ACLU Letter to Senators of the Judiciary Committee Expressing Concerns about S. 1700, the "Advancing Justice Through DNA Technology Act of 2003" (06/03/2004)
ACLU Letter to the Senate Urging Opposition to S.1735, the Gang Prevention and Effective Deterrence Act of 2003 (04/21/2004)
ACLU Letter to the House Urging Support for H.R. 2282, the Equal Access to Justice Reform Act (03/11/2004)
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Criminal Justice
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Resources
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Statement - Pamela Anderson (02/22/2007) The sister of the plaintiff in Duncan et al v. State of Michigan speaks out.
Duncan et al v. State of Michigan - Executive Summary (02/22/2007) The state of Michigan has a constitutional obligation to provide counsel to all persons accused of crimes who cannot afford to hire an attorney. The state of Michigan has long abdicated this constitutional duty by failing to fund or provide oversight for public defense services.
ACLU of WA Report on Indigent Defense (03/01/2004)
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Criminal Justice
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Court Cases
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J.P. v. Taft (10/01/2007) Protecting incarcerated juveniles' access to the courts in Ohio.
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