theblackbottom

Stephanie Chang is the deputy director for the Campaign for Justice, a board-based group of organizations and individuals from across the political spectrum fighting for a fair and effective public defense system in Michigan. Ms. Chang works with the Campaign communications team and manages coalition building and public education efforts. She previously served as an organizer for Michigan United/One United Michigan, building local volunteer-led coalitions to educate the public about affirmative action and Proposal 2 in 2006. Ms. Chang is a University of Michigan-Ann Arbor graduate, with a degree in Psychology and a minor in Asian Pacific Islander American Studies.

Imagine being accused of a crime and not having the money to hire an attorney. You have only minutes to talk to your attorney before your court hearing – and this is the first time you have met her. Finding a quiet place in the hallway to talk is not an easy thing. You notice your attorney has a stack of files with her – she is currently handling hundreds of cases. You realize she may be flipping through your file just for the first time today. Imagine that even though your attorney has the best intentions, she has little to no access to expert witnesses or investigators to build your defense.

Whether it is your brother, your niece, your neighbor or yourself in this situation – is this the kind of justice system we want in Michigan? We deserve so much better. As noted in Laura Sager’s October 2009 commentary, Michigan has been singled out as one of the worst in the country when it comes to upholding the constitutional right to counsel. The National Legal Aid and Defender Association study (2008) painted a bleak picture of our state’s failures.

My parents came to this country for opportunity and because they believe in an America in which all people are treated fairly and justly. The system we have right now for delivering public defense services upholds neither core value. Despite the Constitution’s Sixth Amendment promise, the quality of representation you receive may depend on how much money you have or which county you happen to be in. We need a system that upholds everyone’s constitutional right to effective defense representation.

On December 9, 2009, Rep. Amash (R – Kentwood) and Rep. Constan (D – Dearborn Heights) introduced historic reform legislation. Michigan House Bill 5676 would bring about long overdue changes by putting in place a system that is up to par with national standards and that has adequate state funding.

Now picture this –instead of lacking access to critical resources and not having any required training, a public defense attorney now has undergone training about mental health and substance abuse issues. She has standards to follow – the individual has talked to her before his or her court date. Because of that conversation and because of her training and experience, she can identify critical issues at the front end and advocate for alternative programs. Instead of incarceration, treatment or counseling to address the root issues at hand becomes a real possibility.

Can you imagine how much taxpayer money would be saved if we had a working public defense system? Diverting individuals from jail or prison time to more effective and less costly alternatives would make a big difference. In addition, a study from the State Appellate Defender Office indicates that nearly $70 million in prison costs would be saved in just five years simply by eliminating sentencing errors – often caused by lack of training for defense attorneys, lack of time and the complexity of sentencing in Michigan. Moreover, we could save additional millions of dollars in wrongful conviction lawsuits. Eddie Joe Lloyd spent 17 years in prison before DNA evidence proved him innocent. Add the cost of his incarceration to the $4 million settlement and, as a taxpayer, it is crystal clear why we need reform.

Cost savings in incarceration are at the end of this road. It will take a working public defense system to get there.

From Citizens for Traditional Values to the American Civil Liberties Union, from service providers to legal professionals, and with leaders across the faith spectrum all a part of the Campaign for Justice coalition, Michigan truly is coming together for public defense reform. Change is sorely needed – to protect public safety, to improve cost efficiency, and to uphold constitutional rights and fundamental fairness.
People from all over Michigan are sharing with the Campaign for Justice why they support public defense reform. Michigan lawmakers should take note. We hope you can assist by contacting your legislator to support public defense reform. Also, we hope you can encourage your legislator to attend the Michigan Legislative Black Caucus luncheon event on Wednesday, February 10, to celebrate Black History Month. The event takes place at 11 a.m. at the State Capitol. Jo-Ann Wallace, the President and CEO of National Legal Aid and Defender Association, will be the featured speaker.

Join the movement for reform at www.mijustice.org and sign up for updates!