In a landmark victory that will position Michigan as a national model, the Michigan Senate on Thursday passed the final — and most critical — piece of legislation to reform juvenile justice and ensure access to justice to children.
After more than a year of debate and advocacy by a coalition of partners led by the State Bar of Michigan, the Michigan Senate on Thursday, December 12, 2024, passed House Bill 4630, which authorizes the Michigan Indigent Defense Commission to oversee and fund the legal defense of Michigan’s children. Ultimately, this legislation guarantees that young people are provided with their constitutionally guaranteed right to an attorney even if they cannot afford one.
The House is expected to vote on a concurrence before the end of this session, and Gov. Gretchen Whitmer is expected to sign the bill.
“This is a game-changing milestone in our ongoing work to reform Michigan’s justice system and ensure qualified representation for all its residents,” said State Bar of Michigan President Joseph P. McGill. "The passage of this bill not only fulfills our constitutional duty but upholds our moral obligation to guarantee that our children receive the skilled legal support and guidance they need. It ensures they are not left behind but rather are guided through a juvenile justice system genuinely focused on their future success and rehabilitation."
The successful legislation is the latest victory in State Bar efforts to help increase access to justice in Michigan and develop a more just justice system for all Michigan residents.
The right to legal representation while long maintained in both our state and federal constitutions was not adequately provided for in Michigan until the formation of the MIDC in 2013, thanks in part to the leadership and support of the State Bar of Michigan. Since that time, the MIDC has developed and overseen the implementation of minimum system attorney standards and funding for indigent defense.
The MIDC is widely recognized as a national leader. However, its success has been limited to the adult criminal justice system while Michigan’s children were left to navigate the juvenile justice system with inadequate representation or no representation at all.
In 2022, the Michigan Task Force on Juvenile Justice Reform, established by Gov. Gretchen Whitmer and chaired by Lt. Gov. Garlin Gilchrist, called for legislation that would reform the juvenile justice system, improve the quality of legal services for our state, tools to make a difference in young people’s lives, and promote enhanced public safety.
The Task Force’s final report, as well as a separate 2020 report from the National Juvenile Defender Center (since renamed the Gault Center) on the access to, and quality of, juvenile defense counsel in Michigan, found that Michigan youths were indeed being overlooked in the system.
Those recommendations led to the formation of a 20-bill package from Michigan lawmakers that included expanding diversion opportunities; providing courts with more tools to guide disposition decisions; requiring the use of data-driven mental health, risk, and detention screening assessments; and making more resources available for effective, community-based alternatives to incarceration.
Of those 20 bills, 19 were signed into law in 2023, but HB 4630 lingered in the Senate awaiting action for 400 days — until Thursday’s bipartisan 26-10 Senate vote.
“This legislation will create meaningful change for Michigan families, especially our children,” said Peter Cunningham, executive director of the State Bar of Michigan. “Our state is now a national model for a comprehensive indigent defense system. We thank our partners for their ongoing support of this legislation and applaud Gov. Whitmer, Lt. Gov. Gilchrist, and the Legislature for their solution-minded leadership.”
The coalition supporting HB 4630 included ACLU of Michigan, Criminal Defense Attorneys of Michigan, Detroit Justice Center, The Gault Center, Michigan Association of Treatment Court Professionals, Michigan Catholic Conference, Michigan Center for Youth Justice, Michigan Collaborative to End Mass Incarceration, Michigan Disability Rights Coalition, Michigan League for Public Policy, Michigan Voices, MI-CURE, MOSES Action, Safe and Just Michigan, State Appellate Defender Office, and the State Bar of Michigan.
December 12, 2024