By State Rep. Tom Leonard
I do solemnly swear that I will support the Constitution of the United States and the Constitution of this State.
Before taking office, all public officials make this vow. As a former prosecutor and Assistant Attorney General, I had the privilege and honor of taking this oath twice before serving in the House of Representatives. For any person placed in a position of public trust, there is nothing more important than protecting the Constitutional rights of our citizens.
Fifty years ago, our U.S. Supreme Court ruled that all individuals accused of a crime have the right to an effective attorney, a right that is also written into the Michigan Constitution. Unfortunately, even with those rights in place, Michigan’s current justice system is full of problems, often resulting in ineffective representation for those who cannot afford a private attorney.
Currently, there is no statewide administration to make sure that legal counsel is adequate — much less properly prepared — and each county is tasked with creating and funding its entire indigent defense system. As a result, there is little uniformity, and many questions have been raised about the competency of indigent defense services and funding throughout our state. In fact, a study completed in 2008 ranked Michigan 49th out of the 50 states in regards to indigent defense.
Having worked in the criminal justice system, I can tell you that these indigent defendants are no less deserving of sound legal counsel than any other citizen. This is why I was proud to join 102 of my colleagues as we passed House Bill 4529 and Senate Bill 301 with strong bi-partisan support. These two bills create the Michigan Indigent Defense Commission and establish statewide standards for indigent criminal defense services, and they are both before the governor for his signature. With this legislation, we can address the shortfalls in both the quality and accessibility of indigent defense services provided in Michigan and start fixing a system that has been broken for too long.
There will never be a “perfect” system of justice. However, as our nation celebrates our independence this month, it is important to remember that we must do all we can to ensure that no innocent person is deprived of his or her God-given rights to life, liberty, and the pursuit of happiness. Passage of these two bills is strong step in that direction.