The Michigan Supreme Court says the state Department of Corrections must pay volunteer attorneys who represented inmates in a freedom of information case. Two prison journalists sued after being denied access to security footage of a fight that caused the death of an inmate.
The corrections department was eventually ordered to provide the videos with the faces of inmates and prison staff obscured. But the department balked at paying for pro bono lawyers. Marla Linderman Richelew is with the Michigan Association for Justice. She says one of the goals is to get public bodies to comply with the Freedom of Information Act.
"It’s the carrot and the stick. Do the right thing, you’re not going to get sued, you don’t have to pay these attorney fees. But the stick is when you violate the law, you’re going to have to pay.” said Richelew.
She says the decision also makes it possible for lawyers to do more pro bono work. A spokesman said the corrections department is still reviewing the decision.
The department argued the judgment should be reduced because the inmates’ lawyers volunteered their services. But the inmates and the attorneys say that pro bono work is meant to ensure access to legal assistance, not to allow the losing party to avoid typical legal sanctions.
The decision says the lawyers worked for the clients without charging a fee. But that does not mean the state She says this means attorneys who win these cases will be able to do more pro bono work.
