By Lauren Gibbons
Bridge Michigan
This story was originally published by Bridge Michigan, a nonprofit and nonpartisan news organization. Visit the newsroom online: bridgemi.com.
Five years after a metro Detroit teenager was ordered into juvenile detention for not doing her homework, advocates are renewing a push to ensure minors are guaranteed better legal representation in court.
“There was technically counsel standing there, but having a law license and a heartbeat doesn’t mean that you’re effective,” said Kristen Staley, executive director of the Michigan Indigent Defense Commission.
In that case, a judge had ruled the 15-year-old teen violated her probation by not completing online coursework when her school in the Birmingham school district switched to remote learning during the COVID-19 pandemic.
It took an appeals process to reunite her with her mother, Staley noted.
Michigan has no statewide oversight for juvenile legal representation, and research has found many youth are not adequately informed of their rights or have missed out on legal counsel at key points during their encounters with law enforcement and courts.
“The absence of state funding for juvenile defense has perpetuated local juvenile defense systems in which attorneys frequently lack the training, resources, and time necessary to provide the quality of defense services youth deserve,” researchers at the Gault Center, a Washington, DC-based nonprofit juvenile justice advocacy group, wrote in a Michigan study.
At one point, the researchers wrote, they observed an 11-year-old entering a diversion agreement — an arrangement allowing youth to avoid further court involvement if they complete counseling, programming or other requirements — without a lawyer present.
Advocates argue that changes are long overdue. They’re pushing for legislation that would task the Michigan Indigent Defense Commission — created to improve legal representation by providing free attorneys for defendants who can’t afford to pay — with establishing statewide legal standards for youth that mirror those for adults.
Bipartisan legislation advanced this spring in the Michigan Legislature but may face roadblocks in the state House, where Speaker Matt Hall recently alleged the government is overspending on attorneys for adult indigent defense, calling it an example of “waste, fraud and abuse.”
But the goal, supporters say, is ensuring kids in courtrooms fully understand what’s happening in their case and have a qualified attorney in their corner.
“The kids have the same rights as adults,” said Thom Lattig, Ottawa County’s juvenile court director and president of the Michigan Association for Family Court Administration. “It’s not just kiddie court, and so it shouldn’t be treated that way.”
—————
Right to representation
Kristen Staley, executive director of the Michigan Indigent Defense Commission, said the highly publicized case of “Grace,” a Birmingham teen who was placed in juvenile detention for not doing her homework during the COVID-19 pandemic, is illustrative of the issues many youth are facing, even when they are able to secure a court-appointed attorney.
“There was technically counsel standing there, but having a law license and a heartbeat doesn’t mean that you’re effective,” she said, noting that it took an appellate process to reunite the child in that case with her mother.
Criminal defendants have a constitutional right to legal representation, regardless of age or their ability to pay. In 2013, Michigan lawmakers created the Michigan Indigent Defense Commission after a lawsuit filed by the ACLU challenged the state’s indigent defense spending.
The commission created statewide standards for offering public defenders for adults who couldn’t afford counsel, and has gradually ramped up state spending to fund that effort.
Between 2013 and 2023, Michigan’s indigent defense program went from being fully locally funded to 78% state funding, according to the Sixth Amendment Center.
The budget for indigent defense has more than doubled since the commission’s inception. A 2024 Lansing State Journal analysis found the spending is the equivalent of $28.42 per capita, higher than the national average of $19.81 per person.
Despite the increased availability of indigent defense for adults, those baseline standards don’t extend to children in juvenile courts, meaning a minor’s access to legal representation, when they receive it and whether their families have to pay out of pocket for it can vary widely depending on what county they live in.
Lattig, the Ottawa County juvenile court director, said most counties contract with local attorneys to represent juveniles. But it’s not a job any attorney who’s available should be taking on without training, he said — the job requires someone who can manage the delicate balance of working with kids as well as their families, and keep in mind the added pressure of how the case could impact the child’s future.
“The difference between having a really good attorney and an average attorney is unbelievable — it could be detrimental to the kid’s trajectory in life,” he said.
Staley, with the Indigent Defense Commission, said the state is “at the same crux right now” with youth defense as it was with legal defense for adults when the commission was first created.
“We do not have any state funding, any state oversight, any state involvement of any kind for the defenders who are providing services to kids,” Staley said. “It’s absolutely critical.”
—————
Legislative limbo
Recent changes to the state’s juvenile justice system, recommended by a bipartisan task force on juvenile justice commissioned by Gov. Gretchen Whitmer, included eliminating most juvenile court fees, requiring evidence-based risk and needs assessments and prioritizing diversion programs over detention where possible.
But advocates argue that without adequate legal representation, most Michigan youth and their families wouldn’t know to seek out those resources.
“To have the full benefit of many of the other recommendations…the children in question need legal representation by an attorney who understands those laws and how to implement them,” said Nathan Triplett of the State Bar of Michigan, an organization representing the state’s licensed attorneys.
Despite bipartisan support, cost concerns led lawmakers to drop the proposal for youth legal defense standards from a wide-ranging juvenile justice reform package they approved in 2023.
After further discussions, the youth indigent defense bill ultimately cleared both chambers in 2024 and was awaiting a final procedural vote in the House when the chamber abruptly adjourned for the year in December amid a partisan feud, killing any chances of that plan and hundreds of other bills to get signed into law.
This spring, the Democratic-majority Michigan Senate signed off on the plan once again, with four Republicans joining Democrats in support. An identical bill sponsored by Rep. Sarah Lightner, R-Springport, passed the House Judiciary Committee, but hasn’t been taken up for a floor vote.
State public defenders estimate the upfront costs of establishing statewide expectations for youth legal services would be minimal, primarily mirroring the path of adult indigent defense in Michigan. Budget discussions would come years down the road once the commission had reviewed existing practices and outlined a set of standards.
As advocates push for a more streamlined defense system for juveniles, some lawmakers are questioning the state’s spending on adult legal resources.
“You know what a scam this is, right?” Hall, the Republican state House speaker from Richland Township, said in a recent press conference. “They’re paying these indigent defense attorneys more than prosecutors sometimes. It’s incredible.”
A budget proposal approved by the House last month would cut existing Indigent Defense Commission staff and its annual grant from $250 to $200 million. Hall said that’s because the commission had $50 million in unspent funds from the prior year.
A spokesperson for Hall did not respond to a request for comment on his stance on the juvenile defense legislation.
Triplett, of the State Bar of Michigan, said how money flows into and out of the state’s indigent defense program is a conversation that could be had, noting that good indigent defense for youth and adults alike costs money.
But he argued that shouldn’t come at the expense of constitutional rights.
“The question that…legislators should be asking (themselves) is not, should we do this or not? Because not isn’t really an answer when the Constitution commands it,” Triplett said. “It’s, how do we do it? And then, how do we pay for it?”
There’s still time to make it happen this session, and “a lot of desire to see it signed into law,” said Sen. Sue Shink, a Northfield Township Democrat who sponsored the Senate bill.
Shink said she’s frustrated it’s taken this long, because a good lawyer can often be the difference between a constructive outcome and a destructive outcome for youth encountering the juvenile justice system.
“Young people, when they’re accused of a serious crime right now, don’t have an automatic right in some communities to a court-appointed lawyer,” Shink said. “These people are kids, so we can’t expect them to know more than an adult — who would have the right to an attorney.”
Bridge Michigan
This story was originally published by Bridge Michigan, a nonprofit and nonpartisan news organization. Visit the newsroom online: bridgemi.com.
Five years after a metro Detroit teenager was ordered into juvenile detention for not doing her homework, advocates are renewing a push to ensure minors are guaranteed better legal representation in court.
“There was technically counsel standing there, but having a law license and a heartbeat doesn’t mean that you’re effective,” said Kristen Staley, executive director of the Michigan Indigent Defense Commission.
In that case, a judge had ruled the 15-year-old teen violated her probation by not completing online coursework when her school in the Birmingham school district switched to remote learning during the COVID-19 pandemic.
It took an appeals process to reunite her with her mother, Staley noted.
Michigan has no statewide oversight for juvenile legal representation, and research has found many youth are not adequately informed of their rights or have missed out on legal counsel at key points during their encounters with law enforcement and courts.
“The absence of state funding for juvenile defense has perpetuated local juvenile defense systems in which attorneys frequently lack the training, resources, and time necessary to provide the quality of defense services youth deserve,” researchers at the Gault Center, a Washington, DC-based nonprofit juvenile justice advocacy group, wrote in a Michigan study.
At one point, the researchers wrote, they observed an 11-year-old entering a diversion agreement — an arrangement allowing youth to avoid further court involvement if they complete counseling, programming or other requirements — without a lawyer present.
Advocates argue that changes are long overdue. They’re pushing for legislation that would task the Michigan Indigent Defense Commission — created to improve legal representation by providing free attorneys for defendants who can’t afford to pay — with establishing statewide legal standards for youth that mirror those for adults.
Bipartisan legislation advanced this spring in the Michigan Legislature but may face roadblocks in the state House, where Speaker Matt Hall recently alleged the government is overspending on attorneys for adult indigent defense, calling it an example of “waste, fraud and abuse.”
But the goal, supporters say, is ensuring kids in courtrooms fully understand what’s happening in their case and have a qualified attorney in their corner.
“The kids have the same rights as adults,” said Thom Lattig, Ottawa County’s juvenile court director and president of the Michigan Association for Family Court Administration. “It’s not just kiddie court, and so it shouldn’t be treated that way.”
—————
Right to representation
Kristen Staley, executive director of the Michigan Indigent Defense Commission, said the highly publicized case of “Grace,” a Birmingham teen who was placed in juvenile detention for not doing her homework during the COVID-19 pandemic, is illustrative of the issues many youth are facing, even when they are able to secure a court-appointed attorney.
“There was technically counsel standing there, but having a law license and a heartbeat doesn’t mean that you’re effective,” she said, noting that it took an appellate process to reunite the child in that case with her mother.
Criminal defendants have a constitutional right to legal representation, regardless of age or their ability to pay. In 2013, Michigan lawmakers created the Michigan Indigent Defense Commission after a lawsuit filed by the ACLU challenged the state’s indigent defense spending.
The commission created statewide standards for offering public defenders for adults who couldn’t afford counsel, and has gradually ramped up state spending to fund that effort.
Between 2013 and 2023, Michigan’s indigent defense program went from being fully locally funded to 78% state funding, according to the Sixth Amendment Center.
The budget for indigent defense has more than doubled since the commission’s inception. A 2024 Lansing State Journal analysis found the spending is the equivalent of $28.42 per capita, higher than the national average of $19.81 per person.
Despite the increased availability of indigent defense for adults, those baseline standards don’t extend to children in juvenile courts, meaning a minor’s access to legal representation, when they receive it and whether their families have to pay out of pocket for it can vary widely depending on what county they live in.
Lattig, the Ottawa County juvenile court director, said most counties contract with local attorneys to represent juveniles. But it’s not a job any attorney who’s available should be taking on without training, he said — the job requires someone who can manage the delicate balance of working with kids as well as their families, and keep in mind the added pressure of how the case could impact the child’s future.
“The difference between having a really good attorney and an average attorney is unbelievable — it could be detrimental to the kid’s trajectory in life,” he said.
Staley, with the Indigent Defense Commission, said the state is “at the same crux right now” with youth defense as it was with legal defense for adults when the commission was first created.
“We do not have any state funding, any state oversight, any state involvement of any kind for the defenders who are providing services to kids,” Staley said. “It’s absolutely critical.”
—————
Legislative limbo
Recent changes to the state’s juvenile justice system, recommended by a bipartisan task force on juvenile justice commissioned by Gov. Gretchen Whitmer, included eliminating most juvenile court fees, requiring evidence-based risk and needs assessments and prioritizing diversion programs over detention where possible.
But advocates argue that without adequate legal representation, most Michigan youth and their families wouldn’t know to seek out those resources.
“To have the full benefit of many of the other recommendations…the children in question need legal representation by an attorney who understands those laws and how to implement them,” said Nathan Triplett of the State Bar of Michigan, an organization representing the state’s licensed attorneys.
Despite bipartisan support, cost concerns led lawmakers to drop the proposal for youth legal defense standards from a wide-ranging juvenile justice reform package they approved in 2023.
After further discussions, the youth indigent defense bill ultimately cleared both chambers in 2024 and was awaiting a final procedural vote in the House when the chamber abruptly adjourned for the year in December amid a partisan feud, killing any chances of that plan and hundreds of other bills to get signed into law.
This spring, the Democratic-majority Michigan Senate signed off on the plan once again, with four Republicans joining Democrats in support. An identical bill sponsored by Rep. Sarah Lightner, R-Springport, passed the House Judiciary Committee, but hasn’t been taken up for a floor vote.
State public defenders estimate the upfront costs of establishing statewide expectations for youth legal services would be minimal, primarily mirroring the path of adult indigent defense in Michigan. Budget discussions would come years down the road once the commission had reviewed existing practices and outlined a set of standards.
As advocates push for a more streamlined defense system for juveniles, some lawmakers are questioning the state’s spending on adult legal resources.
“You know what a scam this is, right?” Hall, the Republican state House speaker from Richland Township, said in a recent press conference. “They’re paying these indigent defense attorneys more than prosecutors sometimes. It’s incredible.”
A budget proposal approved by the House last month would cut existing Indigent Defense Commission staff and its annual grant from $250 to $200 million. Hall said that’s because the commission had $50 million in unspent funds from the prior year.
A spokesperson for Hall did not respond to a request for comment on his stance on the juvenile defense legislation.
Triplett, of the State Bar of Michigan, said how money flows into and out of the state’s indigent defense program is a conversation that could be had, noting that good indigent defense for youth and adults alike costs money.
But he argued that shouldn’t come at the expense of constitutional rights.
“The question that…legislators should be asking (themselves) is not, should we do this or not? Because not isn’t really an answer when the Constitution commands it,” Triplett said. “It’s, how do we do it? And then, how do we pay for it?”
There’s still time to make it happen this session, and “a lot of desire to see it signed into law,” said Sen. Sue Shink, a Northfield Township Democrat who sponsored the Senate bill.
Shink said she’s frustrated it’s taken this long, because a good lawyer can often be the difference between a constructive outcome and a destructive outcome for youth encountering the juvenile justice system.
“Young people, when they’re accused of a serious crime right now, don’t have an automatic right in some communities to a court-appointed lawyer,” Shink said. “These people are kids, so we can’t expect them to know more than an adult — who would have the right to an attorney.”
Kristen Staley
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