What juvenile defense means for Michigan

In 2023, a landmark legislative package passed, introducing significant reforms to Michigan’s juvenile justice system. The Justice for Kids and Communities Act initially contained 20 bills based on the recommendations of the Task Force on Juvenile Justice Reform. In the end, 19 bills passed the state legislature with bipartisan support, leaving legislation that would protect youths’ right to counsel behind.

Three years later, after relentless advocacy for advocates, attorneys, policymakers, and the community, that 20th bill was just signed into law by Gov. Gretchen Whitmer, introducing new reforms to Michigan juvenile defense services. The Michigan Indigent Defense Commission (MIDC) now has the authority to establish statewide standards for juvenile defense services, bringing oversight, quality improvement, and support to defense attorneys.

For our justice-impacted children, this isn’t just a policy victory.

Kids deserve experienced counsel

Juvenile court and the laws specific to juveniles are not the same as adult court. There are differences in language, circumstance, intention, and outcomes that matter, especially to the child facing court. Michigan’s children are entitled to a vigorous defense from the attorneys that represent them.

With the passage of this bill, the MIDC will be empowered to establish standards that mean that lawyers will have the time, resources and training to ensure the best possible defense for their young clients.

Kids deserve a future

Legal involvement can have a devastating impact on the futures of Michigan’s kids. There are a wide range of offenses that can result in a kid facing court. Many youth who end up in detention or residential facilities committed low-level, non-violent offenses. Court involvement and placement into detention or residential facilities can affect their graduation rates, mental health, and employment outcomes.

A defense attorney with proper support can effectively advocate for their clients’ needs, whether that is a diversion program, substance use treatment, or mental health care. Kids who get in trouble are still kids, and deserve the chance to be rehabilitated.

Kids deserve protected rights 

The passage of juvenile defense will help ensure that children’s constitutional right to due process is preserved.

In In re Gault (1967), the United States Supreme Court held that children have a constitutional right to counsel in delinquency proceedings that may result in a loss of liberty, noting that young people need “the guiding hand of counsel at every step in the proceedings against” them. Since youth are particularly vulnerable and often lack the capacity to understand legal proceedings, legal representation is essential to protecting their constitutional rights and safeguarding them against unjust outcomes.

A more just Michigan

Our state has made strides to improve the juvenile justice system through the 2023 Justice for Kids and Communities Act. With the signing of Public Act 70, Michigan has taken a historic step forward to protecting the rights of our children, moving our state to a more fair and effective justice system for all of Michigan’s youth.