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Aclu, Naacp Announce Lawsuit to Challenge Proposal 2

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Aclu, Naacp Announce Lawsuit to Challenge Proposal 2 SEE COVERAGE OF OUR ANNUAL DINNER PAGE 6-7 The American Civil Liberties Union of Michigan 60 W. Hancock Detroit, MI 48201-1343 (313) 578-6800 www.aclumich.org SPRING 2007 Michigan spends almost $2 billion dollars a year on prisons. Experts estimate that LANDMARK LAWSUIT this amount is 40 percent higher than other states due to unwarranted, inappropriately long sentences. Moreover, the counties have been dra- SEEKS REPAIRS TO matically underfunding public defense for “EVERY DAY, PEOPLE years, without any state intervention. The MICHIGAN JUSTICE lawsuit focuses on three counties – WHO CANNOT AFFORD Muskegon County, Berrien County, and PRIVATE COUNSEL ARE SYSTEM Genesee County, where the problems asso- ciated with public defense are obvious. DENIED JUSTICE IN IN FEBRUARY, THE ACLU OF MICHIGAN and a group of concerned activists formed the In Berrien County for example, the pros- MICHIGAN. THE STATE Michigan Coalition for Justice and filed a lawsuit against the State of Michigan for fail- ecution receives almost four times more MUST STEP UP AND TAKE ing to fulfill their constitutional obligation to provide adequate defense services to those funding than the public defense system. who cannot afford private counsel. Because of these and other inequities, CHARGE OF PUBLIC The lawsuit, filed in Ingham County Circuit Court, charges that Michigan has long public defenders are crippled by over- DEFENSE TO ENSURE whelming caseloads that impede them from abdicated its constitutional duty to ensure that citizens accused of crimes receive timely, THAT ALL PEOPLE IN qualified, appropriately-resourced lawyers for their defense. meeting with their clients, investigating “Every day, people who cannot afford private counsel are denied justice in Michigan,” cases, filing appropriate pre-trial motions, MICHIGAN HAVE EQUAL said Michael Steinberg, Legal Director of the ACLU of Michigan. “Michigan must step and preparing properly for court appear- JUSTICE.” up and take charge of public defense to ensure that all people in Michigan have equal ances. –Michael Steinberg justice.” “Quite simply, the public defense avail- Legal Director For more than 30 years, state and local experts have reported deficiencies in able in these counties does not meet the Michigan’s public defense system, yet the state has done nothing to improve the situa- minimal constitutional requirements, no tion. Recently, an American Bar Association report on the state of public defense across less national standards,” said Julie North, an attorney with Cravath, Swaine & Moore. the country repeatedly cited Michigan for failing to meet the ABA Ten Principles, which “The system is so broken that attorneys operating within it cannot adequately defend are considered the fundamental criteria a system must meet to provide effective public their clients.” defense. The plaintiffs in the case are individuals facing felony charges in Berrien, Muskegon “Michigan’s broken system is wasting enormous amounts of taxpayer money,” said and Genesee Counties who cannot afford private counsel. They seek to represent all Marty Tieber, a private attorney in Michigan and member of the Michigan Public defendants in these counties who are charged or will be charged with felony crimes and Defense Task Force, which has been working toward reform for many years. “It costs who cannot afford private counsel. us in unnecessary jail time; it costs us in the time spent on appeals, as defendants try time The Michigan Coalition for Justice is a diverse group of organizations and individu- and again to undo the errors created at the trial level; and it costs us in payouts to peo- als committed to reform of Michigan’s public defense system. MCJ members include the ple erroneously convicted in the broken system.” ACLU, the ACLU of Michigan, the Brennan Center for Justice, the law firm of Cravath, Swaine & Moore, and the National Association of Criminal Defense Lawyers. Ⅵ ACLU, NAACP ANNOUNCE LAWSUIT TO CHALLENGE PROPOSAL 2 FOLLOWING THE NOVEMBER ELECTION, the “We are pleased to be able to represent ACLU of Michigan, along with a coalition current students and faculty, as well as of civil rights groups, filed a lawsuit on prospective students, in a case that will be behalf of 19 students, faculty and appli- the first to evaluate exactly what Proposal cants to the University of Michigan asking 2 means in this state,” said Kary Moss, a federal court to declare that Proposal 2 Executive Director of the ACLU of has not changed the Supreme Court’s Michigan. The recent decisions by the view that it is constitutionally permissible United States Supreme Court in Gratz and for universities to consider race and gen- Grutter made clear that it is entirely within der as one factor among many in univer- the law for universities to consider race or sity admissions. The coalition included the gender as one of many criteria in selecting NAACP – Detroit Chapter, NAACP – their student body. Proposal 2 should not Michigan Conference, and NAACP Legal change that.” Defense and Education Fund. In Grutter v. University of Michigan, The lawsuit, filed in U.S. District Court 539 U.S. 306 (2003), the Supreme Court in Detroit, asks the court to issue a “declara- held that the equal protection clause does tory ruling” explaining that Proposal 2 does not prohibit the Law School’s narrowly not ban programs that use race or gender tailored use of race in admissions deci- as part of the decision-making process. sions to further a compelling interest in Such a construction of the language of obtaining the education benefits that flow Proposal 2 would place an unconstitu- from a diverse student body. Moreover, tional burden on the ability of protected the Supreme Court has explained that a groups to advance their interests and rights state law violates the Equal Protection while leaving others, such as legatees, ath- Clause when it makes it more difficult for letes, and veterans, free to advance theirs certain racial minorities than for other Plaintiff Chidimma Uche speaks to reporters without any similar burdens. members of the community to achieve legislation that is in their interest. Ⅵ FREEDOM OF EXPRESSION FORGES UNLIKELY ALLIANCES t’s not often that you’ll see the American Civil Liberties Union and the IMichigan legislature’s most conservative member on the same side of an issue. But when a dispute brewing within the Portage School Board erupted onto the front page of the Kalamazoo Gazette, the ACLU of Michigan teamed up with Representative Jack Hoogendyk to find a solution. A day after the published reports, representative was on their side. Christian, Jewish, Muslim, liberal, we appeared at the board meeting to Two days after the meeting where all moderate or conservative. .” express our concerns that, while the concerned parties expressed their soli- Those attending the meeting may guidelines imposed no penalty for darity with the board member and the have been surprised that the ACLU offenders, they were unconstitutional First Amendment, the Gazette ran an was there taking on a conservative’s JIM RODBARD and would have a chilling effect on the editorial entitled: “A Sure Sign of the cause, but the fact is the ACLU defends PRESIDENT type of speech that is critical for an Apocalypse?” that read: people from all parts of the political informed electorate to function. We “With a situation as unusual as this spectrum. And although the board has stood by the notion that what the pub- one, we’re guessing that the end is yet to alter or retract the board norms, In January, it was revealed that the lic really needed was more speech from near: State Rep. Jack Hoogendyk . we were afforded something much board had published “norms” for its elected officials, not less. and . the American Civil Liberties more valuable – an opportunity to school board members that governed Rep. Hoogendyk also made an Union of Michigan are on the same debunk decades old myths, misinter- their behavior. For instance, the guide- appearance at the meeting standing in side of an issue.” pretations and misrepresentations of lines said that a school board member support of the dissident school board Well, it wasn’t a sign of the our message and mission. It is every may not support political candidates member. Also in attendance was Apocalypse and when readers got past ACLU member’s job to tell our politi- while identifying themselves as a board Kalamazoo County’s most c o n s e r - the “money line,” they found that the cal leaders, heads of our institutions, member and that a school board mem- vative Kalamazoo community members and the mem- ber may not dispute or dissent from political leader- Gazette didn’t bers of every religious institution across board decisions when talking to con- ship. In the past, ...THE ACLU WORKS DAILY think so either. Michigan that the ACLU works daily stituents or to the media without first this leadership “We’re not in the courts, the legislature and at the referring the matter to the board presi- IN THE COURTS, THE had relentlessly surprised to see grass roots to defend individual rights dent for approval. Of course, this was opposed the LEGISLATURE AND the ACLU come and liberties that the Constitution guar- an easy matter for the ACLU, striking 2 ACLU’s attempts to the defense of antees to everyone. Whether you are directly at the heart of our core objec- AT THE GRASS ROOTS TO to add sexual ori- the free speech liberal, moderate, conservative or any- tive to protect freedom of expression. entation and DEFEND INDIVIDUAL rights of a conser- thing in between, the ACLU proudly 7 The conventional wisdom in 0 gender identity to vative. Although stands to protect your rights. 0 Portage was that these guidelines RIGHTS AND LIBERTIES 2 the anti-harass- many conserva- Since the meeting, Rep.
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