A bill on its way to Governor Gretchen Whitmer would help ensure that juveniles accused of crimes have the same right to an attorney as adult defendants.
The measure was approved by the Michigan Senate as the Legislature barreled through a mountain of bills in the closing days of the “lame duck” session.
Senator Sue Shink (D-Northfield Twp.) said there is a hole in Michigan’s indigent defense system that leaves juveniles accused of felonies more vulnerable than adults in the same situation.
Adults who cannot afford an attorney are guaranteed a public defender, but that’s not true for juveniles, Shink said.
“Access to a competent attorney is a fundamental right of all Americans,” she said. “This bill ensures that this fundamental right is accessible to Michigan’s children.”
The bill would add an attorney who specializes in representing juveniles to the state’s indigent defense commission. The commission would supervise funding for indigent juvenile defense.
"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,” said State Bar of Michigan President Joseph McGill. “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 bill was adopted on a 26-to-10 vote and sent to the governor.
Sen. Jim Runestad (R-White Lake) voted “no,” saying that while he supports the intent of the legislation, the bill would not ensure public funds are directed to children and families who cannot afford an attorney.
“What this does not do,” he said, “is means test the parent, so we basically are going to pick up all the legal bills for all of these parents of these children and that could be people with millions and millions of dollars.”
The bill was one of the recommendations made in 2022 by the Michigan Task Force on Juvenile Justice Reform, which was chaired by Lieutenant Governor Garlin Gilchrist.
