MSU's undergraduate student government spent more than $86,000 on legal services to defend minor in possession cases last school year, court documents revealed.
Officials said most students are pleased with the outcomes of their ASMSU-defended cases, which are generally settled out of court for civil issues or reduced for criminal charges.
"There are cost benefits for students to have access to a respectable legal firm by paying their $13.75 tax," Student Assembly Chairman Andrew Schepers said.
ASMSU spends more than $348,000 in student tax dollars each year to provide legal services for students. For the past 20 years, ASMSU attorneys have handled student legal issues, as long as they're not felonies and they happen within the county.
About 55 to 60 percent of the firm's cases are criminal matters, ASMSU Attorney Brian Jeffries said, and the rest are civil cases. More than 40 percent of those criminal cases are MIP charges. Another 13 percent are disorderly conducts.
"We're saying 'OK, you've screwed up and it was your decision, but if you get into a bind, we're here to help,'" Schepers said.
ASMSU and the Council of Graduate Students support the legal services - 41 percent of ASMSU's 2004-05 $843,823 budget went toward two full-time attorneys and one assistant. COGS contributed another $44,559 to the services, ASMSU Internal Vice Chair Patty Smith said.
The Programming Board, which supports campus group events and programs, makes up 20 percent of ASMSU's budget.
"We continue to support legal services because it's one of those services used to its maximum capacity," Schepers said.
The attorneys' schedules are filled with student-landlord disputes, suspended licenses and other legal questions.
Jeffries said his caseload is often driven by what city officials feel is important - after the March 28-30, 2003 disturbances, there was a stronger commitment to eliminate noise and alcohol problems. MIP arrests and courtroom appeals have risen since then, remaining a main concern so far this semester, Jeffries said.
"The common denominator that runs through it is alcohol use," he said.
Students using ASMSU Legal Services generally have their charges reduced or dropped, according to 54-B District Court records. All but six of 72 operating while under the influence charges last school year were reduced to impaired driving.
East Lansing police Sgt. Juli Liebler said reduced charges don't indicate a lax legal system.
"There's still a significant penalty, they still have to go through all the court processes, they're still subject to counseling and fines," Liebler said. "It's not like they're walking off without any ramifications."
And assistant city attorney Tom Yeadon said some plea agreements are fairly standard, regardless of the lawyer.
"ASMSU lawyers know our policies, so they have somewhat of an advantage," Yeadon said. "Sometimes people can come in unrepresented and get the same deal; sometimes they may overlook things where they could get a better deal."
54-B District Court judges ask defendants if they are using ASMSU Legal Services at initial appearances.
"My point is if they're an MSU student, then the question is if they want to be represented by an attorney," said 54-B District Court Judge David Jordon.
Jeffries, who came to MSU after graduating from Cooley Law School, said the firm's increased caseload can be attributed to improved awareness about the service.
"By far and away, 90 percent are first-time offenders," Jeffries said, adding most clients are concerned with receiving a criminal record because they're worried about how it could affect future employment.
Benjamin Caughlin, a 4.0 grade-point average student and then-president of Howland House cooperative, 415 M.A.C. Ave., went to court last winter for presenting false ID to a liquor establishment, presenting false ID to a police officer and receiving an MIP citation, according to a recommendation letter the physiology junior wrote for the attorneys.
Under ASMSU legal services, Caughlin said he was fined $190 rather than $600, and had no community service or classes to take.
"The outcome from all of those charges was better than I would have ever expected," Caughlin wrote.
Caughlin recommended the legal services in a packet of documents Jeffries and ASMSU attorney James Newton presented to ASMSU in March, when they renewed their contract with the assembly for another 10 years.
ASMSU officials did not review estimates from other law firms for the contract, and passed the renewal unanimously. Jeffries and Newton took a $30,000 pay cut by reducing the amount their rates would rise over the next few years.
ASMSU representatives and employees have made use of the services, as well.
According to court records, Jeffries represented Brian Forest, Student Assembly Arts and Letters representative, in a March MIP charge. He pled not guilty. Former Academic Assembly Internal Vice Chair Tom Morse worked with Newton last fall for his not guilty plea to disorderly conduct, the records said. Both Forest and Morse refused to comment on the cases.
Attorneys and ASMSU officials said they don't promote or condone students' illegal activities, but they will provide support if students break the law.
"I would be very concerned if it said anything about censoring charges in the policy," Jeffries said. "It's the fact that it occurs, and we need to deal with it. Why shouldn't they have representation?"
Schepers said he agrees.
"What happens if you don't drink but you have a landlord-tenant issue, what then?" he said. "You could be here four or six years and not use the program, but not having the program there would be a real disservice."
Although the bulk of cases are handled in East Lansing, Jeffries and Newton spend some time in Lansing's 54-A District Court, as well as Ingham County's 55th District Court.
For students involved in criminal cases, the lawyers also address drug and alcohol problems through counseling and education.
"We're very proactive," Jeffries said. "Regardless of what goes on in court, we deal with that."
Not all of the attorneys' services are used inside the courthouse or while taking care of criminal matters.
Dennis Martell, Olin Health Center health educator and former COGS president, said he worked with Jeffries and Newton on every legal issue the organization had, although he wouldn't comment on particular instances.
Martell said he had sat in on university committee meetings with the duo while they argued for the student point of view.
"Whatever is on the student agenda and radar, they're responding to it," he said.
Student representation
The following are the most common criminal charges defended by ASMSU Legal Services. Numbers are out of 1,560 cases brought before the 54-B District Court during the 2003-04 school year.
Charge | # of cases | % of total |
MIP | 665 | 43 |
Disorderly conduct (includes drunk and disorderly, urinating in public, etc.) | 203 | 13 |
Noise violation | 158 | 10 |
Impaired driving | 80 | 5 |
Open alcohol | 76 | 5 |
Use of marijuana | 69 | 4 |