Joint statement concerning inaction on juvenile justice
The following is a joint statement from the State Bar of Michigan, ACLU of Michigan, Gault Center, and the Michigan Center for Youth Justice:
We are deeply disappointed that the state budget approved by the Legislature early this morning fails to provide necessary funding for the legal defense of children entangled in Michigan’s juvenile justice system. While Governor Whitmer’s Executive Budget summary asserted that her FY 2025 budget “invests in juvenile justice reforms to ensure that our minors have fair representation,” the reality is that neither the Governor’s proposed budget nor the final budget passed by this Legislature does anything of the sort. Instead, the budget falls woefully short of providing fair and competent legal representation for our youth.
Despite the U.S. Constitution’s command that the state provide legal representation to children in delinquency proceedings, children in Michigan frequently face prosecution without a competent lawyer — or any lawyer at all. In stark contrast, thanks to the Michigan Indigent Defense Commission (MIDC), the state ensures that adults facing criminal charges have access to trained and qualified legal representation. According to a recent report, “Overdue for Justice: An Assessment of Access to and Quality of Juvenile Defense Counsel in Michigan,” children as young as 11 have appeared before judges without defense counsel and have faced significant repercussions, including incarceration. Alarmingly, Black children are disproportionately represented at every stage of the juvenile legal system. They are twice as likely as white children to appear before a judge and six times more likely to be placed in detention, even when facing similar charges. These disparities underscore the urgent need for quality legal representation for all children to ensure equitable treatment and outcomes. In short, when it comes to indigent defense services for adults, Michigan is a national leader — but we are failing our children.
The Michigan Task Force on Juvenile Justice Reform — created by Governor Whitmer and chaired by Lieutenant Governor Gilchrist — recognized the state’s current failings and unanimously recommended that the MIDC be authorized to develop and implement minimum standards for juvenile defense. That recommendation became HB 4630, which passed the House with broad, bipartisan support (85-25). Unfortunately, while 19 other juvenile justice bills recommended by the Task Force were approved by the Legislature and signed into law in late 2023, HB 4630 was the sole bill left behind by the state Senate. We are grateful to Representative Lightner for sponsoring HB 4630, and to Senators Shink, Cavanagh, and Anthony who have fought tirelessly to see this legislation move in the Senate. Despite their efforts, HB 4630 has languished on third reading in the Senate for 233 days. Our Constitution demands and Michigan’s children deserve better. They deserve a system that genuinely invests in their fair representation and protects their rights under the law. It’s not too late for Michigan to get this right. We urge the state Senate to approve, and Governor Whitmer to sign, HB 4630 without further delay.
Posted: June 27, 2024