Albers v. Koffman

I respectfully file this dissent.

I believe the categorization of jailing here as “civil” matter as opposed to a “criminal” matter creates a legal distinction without a difference that is oft times as difficult to justify as the debates between what are “governmental” and “proprietary” functions. No matter the legal denomination used to describe the events here, the indigent person will be behind bars without the benefit of a lawyer.

Section 600.042.3(4) requires the public defender to provide legal services to anyone “whom the federal constitution ... requires appointment of counsel.”

In…