Senate approves bill expanding indigent defense for youth, 25-12

The Michigan Senate passed Senate Bill 81 on final passage by a vote of 25-12, approving changes to the Michigan Indigent Defense Commission that supporters say will strengthen legal representation for children accused of serious crimes.

Senate Bill 81 adds a voting member to the Michigan Indigent Defense Commission who has experience defending youth in delinquency proceedings and authorizes the commission to establish standards and procedures for the determination of indigency, according to debate on the floor.

Supporters framed the bill as a protection of constitutional rights for young people. Senator Schenck said the measure "ensures that children accused of serious crimes have access to competent legal representation regardless of their financial status and ensures that their constitutional rights are protected." Schenck added, "These changes will ensure that the fundamental right of legal counsel is accessible to all of Michigan's children."

Opponents raised questions about eligibility and cost. Senator Runstead said the bill as written could treat nearly all children as indigent "if you don't count the parents' income, virtually every child is indigent," and warned the measure could increase state costs, saying it "is gonna cost, upwards, over 850,000 for hiring 6 FTEs."

The secretary announced the final tally: 25 aye votes, 12 no votes. A majority of members elected and serving having voted in the affirmative, the bill passed and will proceed to the next steps in the legislative process.

Background: The bill was reported by the Committee on Civil Rights, Judiciary, and Public Safety with a committee substitute and advanced earlier in the day to third reading before the final vote. No further amendments were pending at final passage.