News, Culture and NPR for Central & Northern Michigan

New order sets eligibility rules for indigent defense

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"My Trusty Gavel" by flickr user steakpinball - https://www.flickr.com/photos/60588258@N00/3293465641

There are now statewide standards to determine when a criminal defendant is entitled to a publicly funded lawyer. It’s part of a years-long effort to overhaul the system. The goal is to ensure indigent defendants get the legal representation they’re entitled to by law.

The system assesses a defendant’s financial situation to determine whether they qualify for a free or reduced rate attorney. That decision used to be up to individual judges.

“This step is creating guidance for how to determine whether someone is truly indigent or has some ability to help pay a little but for some of their defense. Very important.” said Michigan’s State Court Administrator, Thomas Boyd.

The new order also sets rules for collecting attorney fees from defendants who can afford to pay all or some of their legal costs. Boyd says there are still a few steps that are needed to ensure everyone charged with a crime gets appropriate legal representation.

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