American Civil Liberties Union

Rights of the Poor:
Poor people are one of the least powerful groups in the U.S. and their civil liberties are therefore always in a precarious state. The ACLU has defended the rights of the poor against government arbitrariness and abuse through litigation, lobbying and public education.


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Public Defense Bill Ensures Montanans' Constitutional Rights

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> Profiles of those affected
> ABA, 10 Principles of a Public Defense System (pdf)
> Montana Public Defender Bill

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> Victims' Rights

The American Civil Liberties Union applauded the Montana Legislature's passage of groundbreaking public defender legislation (pdf) that creates a new statewide office and guarantees constitutional rights to all Montanans, not just those who can afford to pay lawyers.

"A national movement is underway to protect the legal rights of poor people, and Montana is leading the charge," said Vincent Warren, a senior staff attorney with the ACLU who worked with the local ACLU to promote the law's passage. "A year ago, poor people accused of crimes in Montana regularly had the doors to justice slammed in their faces. Thankfully, for them today is a new day." Read more >>

The rights of indigent criminal defendants in Michigan comes before the Supreme Court in the 2004 term. On April 25, the ACLU of Michigan urged the Supreme Court to strike down a Michigan law denying legal representation to thousands of poor people in their criminal appeals.

Halbert v. Michigan began in 1999 after the state legislature passed a law forbidding judges from appointing counsel to help indigent criminal defendants with appeals where the defendant had pled guilty. "This law further compounds an already inadequate defense system in the state," said Kary Moss, ACLU of Michigan Executive Director. "Removing the right to counsel because someone cannot afford to hire an attorney will have devastating effects for the state."

Rights of the Poor : Indigent Defense : Press Releases view all

Judge Authorizes ACLU of Michigan Public Defense Lawsuit against State of Michigan (05/16/2007)
LANSING, MI - An Ingham County Circuit Court Judge ruled today that a lawsuit charging that State of Michigan failed to fulfill its constitutional obligation to provide appropriate defense services for those who cannot afford private counsel will proceed.

Virginia Senate Upholds Governor Kaine's Veto of Bills That Would Have Eliminated the "Triggerman" Rule (04/04/2007)
RICHMOND, VA - The Virginia Senate today upheld Governor Tim Kaine's veto of two bills that could have dramatically increased the number of executions in Virginia by allowing capital charges to be brought against accomplices and others only indirectly involved in first degree murders.

Landmark Lawsuit Seeks Repairs to Michigan Justice System (02/22/2007)
LANSING, MI - The Michigan Coalition for Justice filed a landmark lawsuit today against the state of Michigan and Governor Jennifer Granholm for failing to fulfill their constitutional obligation to provide adequate defense services to those who cannot afford private counsel. The coalition charges that Michigan has long abdicated its duty to ensure that poor people accused of crimes receive timely, qualified and appropriately resourced lawyers for their defense.

Lawyer Selected to Monitor Washington County’s Troubled Public Defender System (02/02/2006)
SEATTLE -- Seattle attorney Jeffery Robinson has been selected to monitor Grant County’s compliance with terms of a settlement agreement to improve the County’s public defender system. The settlement came in a lawsuit that the American Civil Liberties Union of Washington and Columbia Legal Services brought against the county for failing to provide indigent felony defendants with effective assistance of counsel. It was announced today that Robinson will monitor compliance over the six-year term of the agreement.

Michigan Judge Thumbs His Nose at U.S. Supreme Court Ruling on Poor People's Right to an Attorney (01/11/2006)
DETROIT - In a move reserved for extraordinary cases, the American Civil Liberties Union of Michigan today filed a class action lawsuit in the Michigan Court of Appeals to force a state judge to comply with a recent U.S. Supreme Court ruling granting poor people the right to attorneys on appeal.

Rights of the Poor : Indigent Defense : Legislative Documents

Coalition Letter to the Senate Urging Opposition to S. 274, the Class Action Fairness Act in order to Protect the Rights of Victims of Discrimination, Consumer Fraud and Toxic Pollution (01/26/2004)

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