From January 2015 to June 2024, you served as the Administrator of the Michigan Appellate Assigned Counsel System (MAACS). What do you consider to be the major highlights of your work at MAACS? 

MAACS has been around for about 45 years and has faced big challenges that entire time. Ten years ago, things were so bad that MAACS was literally dismantled. Our team came a long way since then, and there are a lot of highlights. 

We added dozens of new lawyers each year, with higher qualification and training standards. We enacted a host of new court rules and administrative reforms to improve appellate practice and outcomes for clients. We standardized appointment and attorney fee policies, eventually bringing all 57 circuit courts into voluntary compliance. We doubled our staff to provide new services including litigation support, mitigation, youth defense, finance, and more. We secured millions of dollars annually in new state and county funding to support uniform and competitive hourly attorney fees. 

For me, the crowning achievement was working with legislative partners to amend the Appellate Defender Act for the first time in its history, codifying many of these reforms and expanding MAACS to include youth delinquency appeals. Against all odds, MAACS has become a model assigned counsel system. 

Were there any changes or improvements you wanted while at MAACS to make but could not?

One big thing I would have liked to achieve is complete independence from the judiciary. Trial judges remain nominally responsible for the appointment of appellate counsel and the payment of fees. Although they don’t have any say over which lawyer gets appointed to a given case, they can still deny counsel altogether or influence representation with the purse-strings. 

We have seen a lot of improvement over the past ten years, through education as well as litigation against certain judges. Judges rarely interfere improperly in the appellate process today, and most have grown comfortable with the concept of independence. But there remains too much opportunity for judicial mischief with the defense role. 

I believe this will be the next big opportunity for MAACS reform. Among changes to the Appellate Defender Act is the removal of a statutory provision requiring that the appointment of appellate counsel be made “by the trial court.” After the new statute becomes effective in October 2024, I hope to see MAACS work with the Supreme Court to pursue greater independence from trial courts. [Editor’s note: For more about the changes to the Appellate Defender Act, see Changes coming to youth appellate defense.]

Did the creation of the Michigan Indigent Defense Commission (MIDC) – which is focused on improving trial-level defense – affect the work of the appellate-level MAACS roster? How?

Yes, absolutely. First is independence. Some trial judges used to cling to power over appointed counsel systems, but the success of MIDC reforms has made judges and court staff much more comfortable with relinquishing control. This has paved the way for full MAACS independence, which I believe is on the near horizon. 

Another impact has been higher standards. MIDC reforms have pushed MAACS to increase CLE requirements and improve training, while the criminal defense bar has generally become stronger all around. This has been good for the quality of all appointed defense representation, including appeals. Similarly, the MIDC has created a laboratory of innovation among local defender systems, generating many good ideas that have been emulated by other systems including MAACS. 

But there have been challenges as well. Improvements and expansions in trial-level indigent defense systems have increased the competition for talent, making it more difficult to recruit and retain good lawyers. And improvements in pretrial motion practice have contributed to a three-fold increase in interlocutory appeals filed by the defense, many of which fall to MAACS and divert scarce resources from direct appeals.

In your new position, you will be running a new Public Defender Clinic at Michigan State University College of Law. What can you tell us about the work clinic students will be doing?

This new clinic is designed to provide an outstanding practical experience for students while partnering with local indigent defense systems to alleviate much of the pressure I just described, both in the short- and long-term. 

The focus will be interlocutory appeals, which are uniquely suited for student representation and teaching because they tend to involve short records and narrow legal questions. Students will review case files, meet with clients, file briefs, and present appellate oral argument. They will also consult closely with local trial counsel to understand the goals of representation and overall defense strategy, while providing expertise and resources that may not otherwise be available. 

This collaborative model will help build familiarity and relationships between students and partnering defender organizations. Hopefully, it will lead to summer internship opportunities, permanent careers, and a sustainable new pipeline of committed public defenders in Michigan. 

At MAACS, you were very involved in efforts to improve the court rules. For example, you were part of a larger group that successfully advocated for the changes to MCR 6.425, 6.428, 7.205, and 7.208 that became effective in January 2021. Do you plan to stay involved in his kind of work, or will your efforts be focused exclusively on teaching?

When I made the transition from federal to state practice ten years ago, I fell in love with Michigan’s administrative court rule process. This may not compare with walking a client out of prison after a hard-fought appellate victory, but it is gratifying and impactful in different ways. 

I enjoy working collaboratively with prosecutors, judges, and others whose values may not align with my own, and I have been amazed by how much common ground can be found simply by stepping away from contentious litigation. The Supreme Court and its Administrative Counsel have always welcomed new ideas to improve practice and fairness, particularly where a consensus has emerged among diverse groups. This work has been fun and productive, and I plan to remain involved. 

What advice will you give to students who are considering careers in public defense? 

Do it. 

The work will be exhausting, and sometimes devastating – you will lose a lot, even when you shouldn’t. But sometimes you will experience big wins for your clients. Or small wins. Or you will redefine what it means to “win” because you accomplished something that means little to you but the world to your client. No matter the outcome, you will surprise your clients by listening to them and giving them a voice and some humanity in an otherwise awful and oppressive criminal legal system. 

Despite the setbacks and challenges, this is the greatest and most rewarding work in the world. The stories are captivating, the stakes are high, and the cases are fun. Do the work and take pride in giving your clients better representation than money can buy. 

Subscriber Comments

• You must be a subscriber to view comments