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Mich. Judge Thumbs Nose at Poor People's Right to Counsel

By Jeralyn, Section Law Related
Posted on Wed Jan 11, 2006 at 05:36:11 PM EST
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A judge in Michigan, Kent County Circuit Court Judge Dennis C. Kolenda, has decided to ignore the Supreme Court and deny poor people the right to appointed counsel for their appeals.

The ACLU has filed a class action against the Judge.

In a move reserved for extraordinary cases, the American Civil Liberties Union of Michigan today filed a class action in the Michigan Court of Appeals to force a Michigan judge to comply with a recent U.S. Supreme Court ruling granting poor people the right to attorneys on appeal.

“Thumbing your nose at the U.S. Supreme Court is almost unheard of in the judicial system,” said Kary Moss, ACLU of Michigan Executive Director. “And, in this case, the judge seems to believe he is above the law, or at least above the Supreme Court.”

Last June in a landmark decision, Halbert v. Michigan, the U.S. Supreme Court struck down a 1999 Michigan law that barred judges from appointing attorneys to help poor people who have pled guilty to appeal their sentences. The Court specifically ruled that forcing poor people to navigate the appellate process without a lawyer violated the Due Process and Equal Protection Clauses of the Constitution.

Despite the Halbert case, Kent County Circuit Court Judge Dennis C. Kolenda has denied appellate counsel to several poor people and stated that he has no obligation or intention of following the Supreme Court’s ruling in the future and characterized the ruling as “incorrect” and “illogical.”

Not only is Judge Kolenda disregarding the Supreme Court decision, he is violating direct orders of the Michigan Supreme Court:

The lawsuit also points out that both the Michigan Supreme Court and the Michigan Court of Appeals have repeatedly held over the last half-century that statements by the highest court, meant to be a guide to future proceedings, is binding precedent. In addition, the Michigan Supreme Court has issued a series of orders in order to implement and follow the U.S. Supreme Court's decision in Halbert, but Judge Kolenda has also chosen to defy the Michigan Supreme Court."

“The tragedy of this case is that while Judge Kolenda is defying the Supreme Court, dozens of individuals are being denied their constitutional right to counsel simply because they are poor,â