In the quiet corners of Michigan’s rural communities, a storm is brewing. But it’s not one that you’ll ever see coming on the weather radar.
It’s a devastating crisis with potential for legal harms; a significant shortage of criminal defense attorneys, threatening the constitutional rights of countless Michigan residents.
A report prepared for the Michigan Indigent Defense Commission (MIDC) shines a spotlight on the depth of this problem, its causes, and potential solutions.
Here’s what you need to know to protect you or a loved one’s constitutional rights.
A National Problem, a Local Emergency
Attorney shortages in rural areas are not unique to Michigan. Across the country, “legal deserts” are leaving communities vulnerable, further compounding existing issues like poverty, homelessness, poor health outcomes, and increased incarceration rates.
Research from Harvard’s Law & Policy Review and the Vera Institute of Justice shows that rural jail populations are rising at alarming rates, in part because of lack of access to legal counsel.
In Michigan, this national crisis hits home in counties across both the Upper and Lower Peninsulas.
Why Is This Happening?
Several factors are fueling the shortage:
- Declining Law School Enrollment: Since 2013, fewer students are entering law school nationwide, shrinking the pool of new lawyers. Michigan also has incredibly stringent and unforgiving State Bar Requirements for “moral character” which is borderline laughable when you consider the misconduct that is often allowed to run rampant. There’s also very few online options, meaning more technically savvy students aren’t interested in sitting in old stuffy classes, and alternative students, such as working adults, do not have have flexible attendance options.
- Outmigration of Young Professionals: Young attorneys are moving toward urban centers, leaving rural communities with aging legal workforces. Many are tired of fighting the good ole boys clubs and bureaucracy.
- Infrastructure Deficits: Lack of affordable housing, limited medical facilities, and spotty high-speed internet deter young professionals from relocating to rural Michigan.
- Economic Decline: As traditional industries like agriculture and mining falter, rural economies are struggling to support a vibrant legal profession.
- Archaic Beliefs and Outright Resistance to Reforms: Michigan isn’t walking the walk when it comes to reform and Rural Communities certainly are not following the data. As a result, they are chasing away future attorneys who are appalled by injustices allowed to occur on small town communities’ watch.
The Consequences Are Dire
The shortage is already impacting the ability of rural Michigan residents to access justice.
Without enough defense attorneys:
- Cases move slower.
- Defendants sit longer in jail awaiting representation.
- Communities see rising incarceration rates.
- Constitutional rights to fair representation are jeopardized.
The report also warns that with the full implementation of Michigan’s Proposed Standards 6 and 7 (requiring better caseload management and qualifications for indigent defense) the need for qualified attorneys will become even more urgent.
What Solutions Are Being Proposed?
The MIDC report suggests several innovative ideas to address the crisis:
Special Assignment Triage Administration: Deploy attorneys temporarily to rural areas to handle urgent caseloads.
Network of Regional Rural Public Defenders: Establish a regionalized system to ensure coverage across multiple rural counties.
Statewide Public Defender System: Michigan could create a coordinated system like other states to more effectively allocate resources and staff.
Incentives for Young Lawyers: Financial incentives, loan forgiveness, and better infrastructure could attract young defense attorneys to rural practice.
A Call to Action
Michigan’s rural communities are facing a legal desert that threatens the very foundations of justice and elected leaders must deal with it or their communities will suffer.
Without swift and bold action, the attorney shortage will only worsen, leaving the state’s most vulnerable residents without the defense they are constitutionally guaranteed, much less quality defense.
The Michigan Indigent Defense Commission is uniquely positioned to lead reform, and it’s apparent more than ever that the time to act is now not later. And it has to happen before Michigan’s legal tundras further devolve into permanent, rather than temporary, wastelands.
