When Does the Right to an Attorney Kick In?

District-court judge Tom Boyd has presided over countless arraignment hearings, where he reads the charges against defendants, asks how they want to plead, and, if they are headed to trial, decides whether to set bail. Over his 12 years on the bench, one aspect of these sessions has increasingly troubled him: Most of the time, his defendants don’t have lawyers.

In Michigan, where Boyd presides, as in most states, defendants aren’t required to have legal representation at their first court appearance. If they can’t afford to hire private counsel, the state often doesn’t assign them a lawyer until after they’re arraigned. In 2015, only about of Michigan district courts, where the hearings are held, required lawyers to be present. Ultimately, about of defendants were