Trial Lawyers Association of Wayne County Juvenile Court, et al, v Kelly
, complaint for superintending control filed April 10, 2007, in Michigan Supreme Court, seeking reinstatement of lawyers removed as appointed counsel for their juvenile clients under a new local administrative order. The new order, LAO 2006-08, awarded contracts to attorney groups, for future and pending matters. Plaintiffs allege violations of the children's due process right to counsel and effective representation.
Order denying claim fo superintending control, Michigan Supreme Court, July 18, 2007
, a civil rights class action filed on February 22, 2007 in Ingham Circuit Court, alleges constitutional deficiencies in defense of indigents in Berrien, Genesee and Muskegon Counties. The suit was filed by the Michigan Coalition for Justice.
, #2:06-cv-13548, a civil rights class action complaint, is filed on August 8, 2006, in the United States District Court for the Eastern District of Michigan. The suit is on behalf of all children who are now or will be in the foster care custody of the Michigan Department of Human Services, and seeks declaratory and injunctive relief. Among other claims, the complaint alleges that the quality of legal representation provided by many lawyer guardians ad litem is impaired by oppressive caseloads.
, Motion to Remand federal gun case to state court due to ineffective assistance of state counsel in advising defendant of federal sentencing consequences; implicit challenge to impact of "Project Safe Neighborhoods" on fundamental rights. Filed September 7, 2004.
Sixth Circuit Opinion of December 7, 2006, affirmed in part, reversed in part and remanded.
Opinion of July 20, 2005, Hon. Arthur J Tarnow, remanding to state court for reinstatement of original plea offer.
, Motions claiming ineffective assistance of state defense counsel in failing to advise on federal sentencing consequences in gun case, like Morris above. Federal court orders on remedy, including access to documents on dual prosecution agreement between state and federal prosecutors, dated April and May, 2004.
, Notice of Removal to Federal Court and Complaint, seeking damages for estate of man wrongfully convicted of murder and rape who was incarcerated for seventeen years before his DNA-based exoneration, alleging violations of civil rights, state and federal constitutional rights, and statutory rights under federal Rehabilitation Act. Filed March 11, 2004.
, Complaint for Damages and Equitable Relief by assigned attorneys against administrators and judges in Allegan County; attorneys holding contract for assigned juvenile cases allege that annual contract is awarded on a political basis.
In re Wayne County Criminal Defense Attorneys Association and Criminal Defense Attorneys Association of Michigan
, Complaint for Superintending Control against Chief Judges of Wayne Circuit Court, seeking enforcement of statutory right to "reasonable fees." Filed November 8, 2002; denied by Michigan Supreme Court on June 27, 2003.
In re Recorder's Court Bar Association v Chief Judges
, Complaint for Superintending Control against Chief Judges of Detroit Recorder's and Wayne Circuit Courts, seeking enforcement of statutory right to "reasonable fees." Filed April, 1989; granted by Michigan Supreme Court on August 3, 1993.
The Bar's Committee on Assigned Counsel Standards developed Standards for [Trial Level] Assigned Counsel, August 17, 1996. The Bar's Representative Assembly declined to adopt them, April 26, 1997.
This collection reserved for access by CDRC subscribers. Collection includes fee-related sections of the Defender Trial Book, Defender Motions Book, Brief Bank and archived e-mail messages of the Forum (CDRC's listserv for defense counsel).
Assigned Counsel Policies adopted by the National Association of Criminal Defense Lawyers, May, 1997. Eight goals to guide NACDL, focusing on basic constitutional principles including the right of indigent defendants to quality representation.
The Price of Justice: Money, Fairness and the Right to Counsel, Analysis of Focus Groups on Indigent Defense conducted for the Open Society Institute and the National Legal Aid and Defender Association, by Belden Russonello & Stewart, September, 2000.
Report of the Indigent Defense Focus Group of the Office of Justice Programs and Bureau of Justice Assistance, November, 1997. Group reported a "strong consensus" that indigent defense has not received its "fair share" of funding when compared to other components of the justice system.
ABA Commission on Effective Criminal Sanctions (policy recommendations on community-based alternatives to incarceration, access to criminal history information, and more), adopted by ABA House of Delegates, February 12, 2007.
Competent Lawyers and Constant Vigilance, Remarks of U.S. Attorney General Janet Reno at the 2000 National Symposium on Indigent Defense, Volume 4, Number 2, October/November, 2000.
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