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Case Name Wayne County Criminal Defense Assn. v. Wayne Circuit Court PD-MI-0001
Docket / Court Docket No. Not Available ( State Court )
State/Territory Michigan
Case Type(s) Indigent Defense
Case Summary
On November 12, 2002, the Wayne County Criminal Defense Bar Association and the Criminal Defense Attorneys of Michigan filed a lawsuit against the Chief Judges of Wayne County Circuit Court, in the Supreme Court of Michigan. The plaintiffs, represented by private counsel, sought declaratory and ... read more >
On November 12, 2002, the Wayne County Criminal Defense Bar Association and the Criminal Defense Attorneys of Michigan filed a lawsuit against the Chief Judges of Wayne County Circuit Court, in the Supreme Court of Michigan. The plaintiffs, represented by private counsel, sought declaratory and injunctive relief from alleged systemic violations of the Sixth Amendment of the U.S. Constitution, and Article 1, Section 20 of the Michigan Constitution. Specifically, the plaintiffs alleged that the defendants, judges tasked with establishing compensation for defenders of indigent felons, had implemented an unreasonable fee schedule that overworked court-appointed defense attorneys to the point of violating their statutory rights as well as the Constitutional rights of the indigent defendants.

Both parties filed several briefs on this matter, and on June 27, 2003, the Supreme Court of Michigan issued its opinion. The Court denied the plaintiffs' complaint, holding that they had not shown that the fee schedule provided unreasonable compensation to court-appointed counsel. In his concurrence, Chief Justice Corrigan noted that attorneys could apply for additional fees in exceptional cases, and that Michigan's public defender fee schedule was comparable to the national average. Wayne Co. Criminal Defense Bar Ass'n v. Chief Judges of Wayne Circuit Court 663 N.W.2d 471, 472 (Mich. 2003).

We have no further information on this case.

Nick Niles - 07/11/2007


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Issues and Causes of Action
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Issues
Crowding
Crowding / caseload
General
Funding
Quality of representation
Causes of Action State law
Defendant(s) Wayne Circuit Court Judges
Wayne County
Plaintiff Description Wayne County Criminal Defense Bar Assn (non-profit, voluntary association of lawyers who accept criminal assignments in Wayne County); Criminal Defense Attorneys of Michigan (nonprofit whose members are appointed in criminal cases in Wayne County Cir Ct).
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2003
Case Ongoing No
Additional Resources
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Case Studies Indigent Defense Reform: The Role of Systemic Litigation in Operationalizing the Gideon Right to Counsel
Written: May. 07, 2007
By: Vidhya K. Reddy (Washington University in St. Louis)
[ Detail ] [ PDF ]

  Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel.
Written: Apr. 14, 2009
By: National Right to Counsel Committee (The Constitution Project)
Citation: National Right to Counsel Committee, Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel (2009)
[ Detail ] [ PDF ] [ External Link ]

  Securing Reasonable Caseloads: Ethics and Law in Public Defense
By: Norman Lefstein (Indiana University--Indianapolis)
Citation: (ABA 2011)
[ Detail ] [ External Link ]

  The Third Generation of Indigent Defense Litigation
New York University Review of Law and Social Change
By: Cara Drinan (Columbus School of Law, Catholic University)
Citation: 33 N.Y.U. Rev. L. & Soc. Change 427 (2009)
[ Detail ] [ External Link ]

Docket(s)
122709 (State Court of Appeals) 06/27/2003
PD-MI-0001-9000.pdf | Detail
General Documents
Complaint For Writ of Superintending Control 11/08/2002
PD-MI-0001-0001.pdf | Detail
Memorandum in Support of Request for Writ of Superintending Control 11/08/2002
PD-MI-0001-0002.pdf | Detail
Affidavit of Robert L. Spangenberg in Support f Plaintiff’s Complaint for Superintending Control 11/08/2002
PD-MI-0001-0003.pdf | Detail
Affadvit of Matthew Evans 11/08/2002
PD-MI-0001-0004.pdf | Detail
Michigan Supreme Court Opinion (table) 03/31/2003 (659 N.W.2d 239)
PD-MI-0001-0008.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Plaintiffs' Reply Memorandum in Support of their Request for Writ of Superintending Control 05/06/2003
PD-MI-0001-0005.pdf | Detail
Brief of Amicus Curiae National Association of Criminal Defense Lawyers 05/08/2003
PD-MI-0001-0006.pdf | Detail
Order [Re: Motion for Relief] 06/27/2003 (663 N.W.2d 471)
PD-MI-0001-0007.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Cavanagh, Michael F. Court not on record
PD-MI-0001-0007
Corrigan, Maura D. (State Supreme Court)
PD-MI-0001-0007
Monitors/Masters None on record
Plaintiff's Lawyers Eaman, Frank D (Michigan)
PD-MI-0001-0001 | PD-MI-0001-0002 | PD-MI-0001-0005 | PD-MI-0001-0006 | PD-MI-0001-9000
Sieve, Brian D (Illinois)
PD-MI-0001-0001 | PD-MI-0001-0002 | PD-MI-0001-0005 | PD-MI-0001-0006
Slade, Michael B (Illinois)
PD-MI-0001-0001 | PD-MI-0001-0002 | PD-MI-0001-0005 | PD-MI-0001-0006
Defendant's Lawyers Elder, Azzam E (Michigan)
PD-MI-0001-0005 | PD-MI-0001-0006
Ellsworth, Peter H. (Michigan)
PD-MI-0001-0005 | PD-MI-0001-0006 | PD-MI-0001-9000
Gazall, Robert S (Michigan)
PD-MI-0001-0005 | PD-MI-0001-0006
Mason, Ellen E (Michigan)
PD-MI-0001-0005 | PD-MI-0001-0006
Stuckey, Jeffery V. (Michigan)
PD-MI-0001-0005 | PD-MI-0001-0006
Other Lawyers Pinales, Martin Stanley (Ohio)
PD-MI-0001-0006

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