"Claiming they are among the most overworked and underpaid lawyers in the country, court-appointed defense attorneys are suing Wayne County Circuit Court and its chief judges."

"Members of the Wayne County Criminal Defense Bar Association and the Criminal Defense Attorneys of Michigan are asking the Michigan Supreme Court to order a new fee schedule. The lawyers represent defendants in Wayne County who cannot afford to hire private attorneys."

The National Association of Criminal Defense Lawyers recruited the nationally renowned law firm of Kirkland & Ellis to handle the suit pro bono. NACDL's Treasurer, Martin Pinales of Cincinnati, has represented NACDL in negotiations with the defendant-judges over the past few months.

This shocked us: "In 1982, defense attorneys representing the poor were earning $250 per cas. Now they are paid less! They get $225 a case. "That includes all the hours put into researching, preparation and other other duties."

The low pay has led to a decrease in the number of attorneys willing to take the cases. In 1999 there were 465 lawyers in Wayne County who accepted court appointments. Now there are 317.

The losers here are the public and the poor. Justice in Michigan is at risk. As an editorial in the Detroit Free Press said today,

"Scandalously low pay for court-appointed attorneys in Michigan is making a sham of the constitutional right to legal counsel.

"The criminal justice system works when truth emerges from the adversarial efforts of a competent prosecutor and a vigorous defense attorney. It doesn't work when an outgunned and underpaid defender is effectively encouraged to cut corners and coax guilty pleas from poor defendants."

"Part of the problem is that defense lawyers simply aren't paid enough. In Wayne County, where fees for court-appointed attorneys have been essentially frozen since 1982, court-appointed defense lawyers in many cases make what amounts to $6-$12 an hour. These are discount-store wages that yield discount justice -- cheap, but suspect in quality. "

"The Legislature should appoint a task force to study how best to get more money to all Michigan counties for criminal defense. Some states have created statewide Public Defender commissions or offices. In Michigan, local control with a mixture of local and state funding would probably work best. "

"Criminal defense attorneys and accused felons are simply not a public priority. But upholding everyone's constitutional rights and keeping innocent people out of prison certainly ought to be."