Last week, New York’s highest court heard arguments in a class action challenging the legal representation of indigent defendants. The Michigan Supreme Court will consider a similar case in April. Both suits are part of a larger litigation strategy to force negligent states to live up to their constitutional obligations. In some places, the poor receive the facade of representation from overloaded, undercompensated defense attorneys.
At the same time, the Justice Department has launched an initiative to improve the representation of indigent defendants, led by Harvard law professor Laurence Tribe. The program could draw attention to those jurisdictions that skimp on their legal duty to provide competent counsel for indigent defendants.
