Addressing attorney shortages in rural Michigan: A comprehensive approach

From the September 2024 Criminal Defense Newsletter
The lack of attorneys in rural Michigan has created a significant barrier to accessing justice, particularly for indigent clients. To address this issue, a new triage project outlines a comprehensive strategy to bolster the Michigan Special Assignment Team (the “Team”) and integrate innovative technology solutions. The Team helps ensure high quality defense for clients in underserved areas. These solutions can also provide substantial, meaningful interim assistance to systems that are faced with grave issues of compliance with Standards 6 and 7 of the Minimum Standards for Indigent Criminal Defense Services.

The crux of the problem

Rural communities in Michigan face a dire shortage of attorneys, leaving many without proper legal representation. This scarcity not only jeopardizes individual cases but also undermines the overall integrity of the justice system. Current solutions have proven inadequate, necessitating a multifaceted approach to tackle the problem. Even where the number of attorneys is adequate, there are issues regarding the qualifications and experience of available attorneys.

Project goals and objectives

The project has several key goals and objectives. First, it aims to maintain and expand by actively recruiting and supporting qualified attorneys willing to serve in underserved areas.

Second, the project aims to enhance case management by optimizing the online platform to streamline case assignments and communication between attorneys, appointing authorities, and Regional Managers.

Third, fostering attorney development through ongoing training and mentorship opportunities, including second-chair experiences, will be a priority to develop and maintain attorney competency. These opportunities will assist systems throughout the state in establishing Standard 7 qualifications for indigent counsel.

Fourth, to ensure high-quality representation in challenging cases, specialized support will be offered for complex motions and appeals. All too often, attorneys are aware that motions are needed in complex cases, but the workload demands make the research and writing untenable. By providing assistance in these areas to local attorneys, the quality of representation will be improved. In addition, the stress and burnout for appointed counsel will be reduced.

Fifth, the project will facilitate communication and problem-solving by serving as a liaison between stakeholders to resolve issues and promote collaboration.

Sixth, the project’s effectiveness and community needs will be continuously evaluated, using data to inform decision-making so that the project can adapt as needed. Our goal is to make it possible for attorneys, systems, and regional managers to easily access the data. This will assist in tracking caseloads and expenditures and planning for future needs.

Finally, the project will explore technology solutions by investigating and implementing artificial intelligence (AI) and other technologies to streamline legal processes, improve efficiency, and connect rural communities with remote attorneys.

The power of AI integration

Integrating AI technologies into the Team's operations offers a promising solution to the attorney shortage. AI-powered tools can automate routine tasks, such as document review and legal research, allowing attorneys to focus on more complex casework and client relationships. Additionally, AI-powered chatbots and virtual assistants can provide initial legal guidance and information to individuals in remote areas, bridging the gap between clients and attorneys.

AI implementation comes with potential benefits, including increased efficiency, improved access to legal services, enhanced decision-making, and long-term cost savings.

How attorneys can join the special assignment team

The Special Assignment Team is seeking attorneys at all experience levels. Special Assignments span from taking cases in remote areas of the Upper Peninsula, conducting remote arraignments via Zoom, taking cases in southeast Michigan, participating as a second chair to gain experience, drafting motions, and/or providing appellate support on interlocutory or district court appeals. If you are an attorney interested in joining the Special Assignment Team, contact Mike Naughton at mike@mispecialassignment.com (231-421-8441) or Barbara Klimaszewski at barb@mispecialassignment.com or (989-280-9498).

How systems can use the special assignment team

If you are a public defender, managed assigned counsel, or work with a system requiring assistance, the Team can help with that as well. Reach out to Mike or Barb to discuss the matter you are seeking a special assignment for. Useful information includes whether the court uses remote video for non-testimonial hearings, the billing practices for the system, pay scales, the history of the case, and any other information that you think would be helpful in finding an appropriate attorney to handle the matter.

Conclusion

The Special Assignment Team presents a comprehensive approach to address the attorney shortage in Michigan. If successful, the Team has the potential to provide a triage framework to attempt to significantly improve access to justice for indigent clients in underserved communities. Moreover, our project's findings and recommendations will contribute to a broader understanding of attorney shortages and inform future efforts to strengthen legal services across Michigan. It is clear, however, that the attorney shortage will continue to increase throughout the state. Long-term solutions that go beyond the anticipated capacity of the Special Assignment Team must be considered.

Barbara A. Klimaszewski
Michael Naughton

Barbara A. Klimaszewski is a Saginaw attorney. She practiced in Saginaw and other mid-Michigan jurisdictions for 37 years with the law firm of Klimaszewski & Street. She focused on criminal defense, civil rights and family law. She recently retired as mid-Michigan Regional Manager for the Michigan Indigent Defense Commission. She is a graduate of Oakland University and the University of Michigan Law School.

Michael Naughton is an attorney and partner at North Coast Legal, PLC. He is a leading authority on digital privacy, corporate privacy compliance, and electronic communication. With extensive experience in both state and federal courts, Mr. Naughton has successfully argued cases before the United States Supreme Court, the Sixth Circuit Court of Appeals, and the Michigan Supreme Court. He is also a recognized expert on emerging technologies, including artificial intelligence and generative AI.