Due Process

Due Process

Due process is the principle that the government must respect all of the legal rights that are guaranteed by the Constitution and the Bill of Rights. This principle gives individuals the ability to enforce their rights against violations by the government. The ACLU of Michigan recognizes this fundamental principle and works to protect fairness, justice and liberty for all.

Due Process

Attorney Should Not Be Jailed For Asserting Client’s Rights, ACLU, Ottawa County Bar Association and CDAM Tell Court in Brief


FOR IMMEDIATE RELEASE:
December 21, 2011

GRAND RAPIDS, Mich. – In a friend of the court brief submitted today, the American Civil Liberties Union of Michigan, along with the Ottawa County Bar Association and Criminal Defense Attorneys of Michigan (CDAM), urged an Ottawa County court to dismiss contempt charges against an attorney who was jailed for asserting his client’s Fifth Amendment right against self-incrimination. The groups’ friend of the court brief was submitted after the attorney’s legal team filed an appeal brief today.

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Due Process

Michigan Supreme Court Hears Case of Mother Jailed For Being Too Poor to Pay Child Support

IMMEDIATE RELEASE:
October 6, 2011

LANSING, Mich. – The American Civil Liberties Union of Michigan and the University of Michigan Innocence Clinic asked the state’s Supreme Court today to overturn the felony conviction of a Detroit woman who was too poor to pay more than $1,100 a month in child support.

After a lengthy hospital stay for a severe mental illness, Selesa Likine lost her job, custody of her three children and was later arrested and jailed for more than 40 days because she could not afford the assessed amount of child support.

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Due Process

Lake Michigan College Agrees to Individualized Review of Students with Criminal Records, ACLU Announces

FOR IMMEDIATE RELEASE:
June 21, 2011

Benton Harbor, Mich. – In a settlement finalized today, a Lake Michigan College student who was expelled because he is listed on the sex offender registry will be able to attend classes after administrators carefully reviewed his case. The ACLU of Michigan, who represented the student and had urged the college to consider each student’s circumstances individually, applauded the decision. The expulsion occurred under a previous policy, which automatically expelled students listed on the registry, regardless of whether they pose a risk to campus safety. > Full Story
Due Process

Child Removal Laws Are Unconstitutional, Hurt Michigan Families, ACLU Charges in Federal Lawsuit

IMMEDIATE RELEASE:
March 24, 2011
 
DETROIT – In an effort to protect the rights of children, the American Civil Liberties Union of Michigan filed a federal lawsuit today asking a judge to strike down a state law that allows law enforcement officials to remove children from their parents’ custody without proving that the child is in immediate danger. The lawsuit was filed on behalf of an Ann Arbor family whose 7-year-old son was placed in foster care after his father, a University of Michigan professor, mistakenly gave him a Mike’s Hard Lemonade at a Detroit Tigers game in 2008. > Full Story
Due Process

ACLU Lauds Michigan Supreme Court Decision To Allow Public Defense Case to Proceed

FOR IMMEDIATE RELEASE:
April 30, 2010

LANSING – In an order issued today, the Michigan Supreme Court unanimously rejected the State of Michigan’s attempts to dismiss a lawsuit filed by the American Civil Liberties Union seeking to fix Michigan’s system for providing defense to poor people in criminal cases. The order was issued just 16 days after oral argument.
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Due Process

ACLU Alarmed By Threats to Arrest Homeless People in Ann Arbor

FOR IMMEDIATE RELEASE:
April 28, 2010

ANN ARBOR, MICH. -- The American Civil Liberties Union of Michigan is gravely concerned by plans to evict about 20 residents of the local homeless encampment Camp Take Notice from public land near Interstate I-94 and Ann Arbor-Saline Road. The Michigan State Police posted signs in the encampment yesterday warning residents that they must leave or risk being arrested for trespassing.

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Due Process

Court Must Overturn Conviction of Mother Too Poor to Pay Child Support, ACLU Says

IMMEDIATE RELEASE:
March 4, 2010

LANSING, Mich. – The American Civil Liberties Union of Michigan and the Michigan Innocence Clinic asked an appeals court today to overturn the felony conviction of a Detroit woman who was too poor to pay more than $1,100 a month in child support. Selesa Likine suffers from a severe mental illness that has resulted in her losing both her job and the custody of her three children.


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Due Process

Court Should Dismiss Charges Against Ann Arbor Man Arrested For Being Homeless, ACLU Says In Brief

UPDATE: (1/5/2010) Trespassing charges were dismissed today against Caleb Poirier, a homeless man who was arrested for living on public property.FOR IMMEDIATE RELEASE:December 23, 2009Ann Arbor, Mich. – In a friend of the court brief filed today, the American Civil Liberties Union of Michigan urged the 15th District Court in Ann Arbor to dismiss charges against a homeless man who was arrested for living on public property. The brief was filed in support of Caleb Poirier, a resident of the local homeless encampment “Camp Take Notice.”

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Due Process

Appeals Court Allows ACLU Lawsuit Seeking to Fix Public Defense System to Proceed

IMMEDIATE RELEASE
June 12, 2009

LANSING –The Michigan Court of Appeals ruled yesterday that a class action lawsuit filed by the American Civil Liberties Union seeking to fix Michigan’s system for providing lawyers to poor people in criminal cases may proceed.
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Due Process

Juvenile Life Without Parole Profiles

These intimate profiles of individuals who were sentenced to life without the possibility of parole as children illustrate the importance of reforming Michigan's juvenile justice system.
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Due Process

Judge Must Release Woman Sentenced to Jail for Being Poor, ACLU Says in Court Papers

UPDATE: (March 31, 2009) The ACLU of Michigan is happy to announce that Edwina Nowlin was released today after being represented by the ACLU at  an emergency hearing in Delta County Probate Court.

IMMEDIATE RELEASE:
March 30, 2009

DETROIT – The American Civil Liberties Union of Michigan asked for an emergency hearing today on behalf of an Escanaba woman sentenced to 30 days in jail because she is too poor to reimburse the court for her son’s stay in a juvenile detention facility.
> Full Story
Due Process

ACLU Urges Appeals Court to Allow Lawsuit Against State to Proceed

Judges Criticize Indigent Defense System’s “Systemic Deficiency”
IMMEDIATE RELEASE

December 9, 2008

In oral arguments today, the American Civil Liberties Union urged the Michigan Appeals Court to allow it to proceed with a class action lawsuit that seeks to fix Michigan’s system for providing lawyers to poor people in criminal proceedings. > Full Story
Due Process

ACLU of Michigan Cheers State House Passage of Juvenile Justice Bills

IMMEDIATE RELEASE:
December 4, 2008

LANSING – The American Civil Liberties Union of Michigan applauded the State House of Representatives today for passing a package of bills (HB 4402 –HB 4405) that would prohibit the sentencing of juveniles to life in prison without the possibility of parole. There are currently more than 300 individuals serving mandatory life sentences for crimes they committed as children. The Senate may take up the bills as early as next week. > Full Story
Due Process

Federal Court Strikes Down Breathalyzers for Pedestrians as Unconstitutional

ACLU Praises Ruling as Major Civil Liberties Victory for Young Adults

IMMEDIATE RELEASE

September 26, 2007

Detroit - In a ruling that will impact young adults throughout the state, a federal judge struck down a state law today that allows police to force pedestrians under the age of 21 to take a Breathalyzer test without first obtaining a search warrant, the American Civil Liberties Union of Michigan announced today.

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Due Process

Lansing Resident's Rights Violated After Eviction Without Court Order

IMMEDIATE RELEASE:
December 7, 2006

Detroit -- The American Civil Liberties Union of Michigan today filed a lawsuit against two Lansing police officers on behalf of a Lansing resident who was evicted from his home by police without a court order.

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Due Process

Michigan Judge Thumbs His Nose at U.S. Supreme Court Ruling

January 11, 2006 - Press Release

DETROIT -- 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.

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Due Process

U.S. Supreme Court Strikes Down Michigan Law

Every Michigan Citizen Is Entitled to Legal Representation, Says ACLU

June 23, 2005 - Press Release

DETROIT -- The U.S. Supreme Court ruled today that the Michigan law denying legal representation to poor people in a criminal appeal is unconstitutional.  The American Civil Liberties Union of Michigan filed the one of a kind case after the law was passed in 1999.

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Due Process

ACLU Asks Court to Grant Class Action Status in Saginaw County Jail Abuse Case

May 2, 2005 - Press Release

DETROIT - Though the Saginaw County sheriff claims that a policy of stripping and holding pre-trial detainees naked in a segregated cell has ended, there is now evidence that this long-standing practice may still exist, according to a motion to grant class certification filed by the American Civil Liberties Union of Michigan late Friday.

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Due Process

ACLU of Michigan Argues Appointed Counsel Law in U.S. Supreme Court

Click here to read the New York Times editorial on this case

April 25, 2005 - Press Release

DETROIT -- The American Civil Liberties Union of Michigan is hopeful that the Supreme Court will strike down a Michigan law denying legal representation to thousands of poor people in their criminal appeals.  The Court will consider the issue during oral argument today.

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Due Process

ACLU Joins Lawsuits Charging Saginaw County Jail For Abuse of Detainees

March 29, 2005 - Press Release

DETROIT - The American Civil Liberties Union of Michigan announced today that it will join in three lawsuits that have been filed against the Saginaw County Jail for allowing egregious and unconstitutional treatment of detainees.  In two of the cases, detainees were stripped and held naked in a cell referred to as "the hole." In the third case, several policies are being challenged that have allowed strip searches of thousands of detainees.

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Due Process

Supreme Court Agrees to Hear ACLU Challenge to Michigan Appointed Counsel Law

January 10, 2005  - Press Release                                                                          

DETROIT -- The ACLU of Michigan announced today that the Supreme Court has agreed to hear a second constitutional challenge to a Michigan law - Halbert v. Michigan.  The law denies legal representation to thousands of low-income people who are appealing their sentences.  Oral argument will be held in April.

> Full Story
Due Process

Supreme Court Defers Decision on Michigan Appointed Counsel Law

December 13, 2004 - Press Release

DETROIT -- Despite a loss in the U.S. Supreme Court today, the American Civil Liberties Union of Michigan remains hopeful that the Supreme Court eventually will strike down a Michigan law denying legal representation to thousands of poor people on appeal.

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Due Process

Despite court warnings, feds seek more secrecy

October 20, 2004 - Special to the Detroit News by Kary Moss, ACLU of Michigan Executive Director

Bush administration tries to increase government powers that erode liberties, even as a judge finds parts of the Patriot Act require greater public oversight

The American Civil Liberties Union is a nonpartisan organization. We have defended Rush Limbaugh and Oliver North. We have defended the rights of Michigan citizens to put up Bush/Cheney lawn signs as well as Kerry/Edwards lawn signs. It is the principle that matters.

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Due Process

U.S. Court of Appeals Strikes Down Law

Michigan Law Would Have Prevented Appointment of Counsel for the Poor

June 17, 2003 - Press Release

DETROIT - Today, in a significant victory for the right to counsel, the Sixth Circuit U.S. Court of Appeals struck down a Michigan law that would have prevented judges from appointing lawyers to represent poor people on appeal in guilty plea cases.  The challenge to the law was brought by the American Civil Liberties Union of Michigan.

> Full Story
Due Process

ACLU Files First Post- Sept. 11 Challenge to Closed Immigration Hearings

Update - January 24, 2004

Court Denies Government Request to Rehear Closed Immigration Hearings Case

The Court denied the government's petition for a rehearing in the ACLU's successful challenge to the government's blanket policy of conducting secret deportation hearings in post-9/11 cases. 

Last August, a unanimous three-judge panel of the appeals court struck down the policy, declaring in a much-quoted decision that "democracies die behind closed doors." If the government chooses to pursue the case, it now has 90 days from today to file a petition for certiorari with the United States Supreme Court. 

The ACLU has also challenged the government's secrecy rules on behalf of a group of New Jersey newspapers.  In that case, the Third Circuit Court of Appeals in Philadelphia upheld the government's secrecy policy and recently denied an ACLU request for a full court rehearing.  

By reinforcing a split between the Circuits, today's order by the Sixth Circuit increases the likelihood that the Supreme Court will have the final say on the legality of secret deportation hearings.  The deadline for filing a petition for certiorari from the Third Circuit decision is the first week of March.

January 29, 2002 - Press Release

In a case that could open the doors to legal proceedings of detainees around the nation, the American Civil Liberties Union today filed a lawsuit on behalf of two local newspapers and Rep. John Conyers, D-MI, saying that a categorical block on public access to immigration hearings is unconstitutional and un-American.

> Full Story
Due Process

ACLU Busy in Court, From Free Speech to Due Process

December 10, 2002  - Press Release

DETROIT --  Three lawsuits filed by the American Civil Liberties Union of Michigan will be heard this Wednesday, December 11, in three different courts. Two of the cases involve free speech, while the third involves due process.

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