ESCANABA - People who are poor, have been accused of a crime and are a Michigan resident may be out of luck when it comes to getting good legal representation, according to a recent study of Michigan's criminal defense system.

The study, requested by the state Legislature and done by the National Legal Aid & Defender Association (NLADA) and State Bar of Michigan, revealed a number of problems with Michigan's criminal defense of the indigent. They include incompetent legal services, courts that value speed over quality, and conflicts of interest between attorneys' pay and time spent helping clients.

The findings were based on studies of 10 Michigan counties. Delta County was not studied.

Local judges and court-appointed attorneys say Delta County's criminal defense system is superior to those in other counties, although some problems brought to light in the study are apparent here.

One of the issues discussed in the study was use of low-bid, flat-fee contracts in which attorneys accept cases for a predetermined fee. The NLADA study claimed this method of payment creates incentive for attorneys to spend the least amount of time possible with each client to maximize profits.

Jayne Mackowiak, a court-appointed attorney for Delta County Circuit Court - which does not use this type of contract, said this system affects an attorney's willingness to go to trial.

"If a case is to go to trial, it soaks up all of the court-appointed attorney's time, so they lose money," she said. "Attorneys may be more willing to enter into a plea bargain rather than go to trial because it's faster."

Court-appointed attorneys working in District Court have been working under this contract for 4 years. There are currently three attorneys who are hired out for cases under this contract. District Judge Glenn Pearson said he implemented the contract because he felt it was the most efficient representation both for the courts and for defendants.

"It is a system that protects the right of indigent defendants," he said. "At the same time it is the most cost-effective system for the citizens of the county (taxpayers)."

Mackowiak said fewer cases have been taken to trial since the contract was implemented.

According to records, in 2003 alone - the year before the contract was implemented - there were were eight court-appointed cases taken to trial in District Court. In the 4 years after the contract was implemented - from 2004 to June 2008 - there were a total of seven cases taken to trial.

Mackowiak said the significant decrease illustrates how attorneys will be less likely to go to trial under contract because they lose money.

Pearson said the decrease is not a reflection of the implementation of the contract, but is the result of the district's new prosecutor working with defense attorneys to reach an agreement that does not involve costly trials.

"There's more of a willingness to plea bargain in the prosecutor's office," said Pearson. "There is no decrease of safety of the general public and no increase in criminal activity from the disposal of misdemeanors. We are able to get the same results without costing the county thousands of dollars for a trial."

Mackowiak said the contract is economical for the courts and for attorneys, but it hurts clients who don't get a chance to go to trial.

"These clients are suffering because they're not getting aggressive and zealous representation," she said.

As a court-appointed attorney for circuit court, Mackowiak is paid an hourly wage of $45, and she keeps track of time spent on cases.

Pearson said abuse of the system is just as likely when attorneys are paid an hourly wage, it just depends on the attorney's own ethics.

Competency of court-appointed attorneys was also studied. The study claimed defense attorneys are being appointed to cases they're not qualified for.

Mackowiak and Escanaba attorney Michael J. Manning said while they have concentrated on criminal defense, and years of experience in taking cases to trial, not all attorneys have this experience under their belts.

"There are no written standards that I know for lawyers being court-appointed," said Manning.

Manning added he is concerned new attorneys use court-appointed criminal defense cases to get "wet behind the ears," because their clients aren't receiving legal services equal to those with criminal defense expertise.

Taking court-appointed cases to gain experience is not uncommon. Manning said he started out this way.

Overall, most local court-appointed attorneys said they feel good about defending those who cannot afford legal representation.

"It makes me feel like I'm giving back to the community," said Escanaba attorney John (Jack) M. A. Bergman. "These people deserve to have their constitutional rights protected by having legal representation."

Criminal defense is critical to making the legal system work, said Manning.

"The system will fail without proper criminal defense," he said. "If there were no defense for these people, police could overstep their bounds... There wouldn't be balance."