"There are still defendants who have not been provided competent counsel -- or they have no real representation at all," the Constitution Project and the National Legal Aid and Defender Assn. said late last month in announcing formation of the National Committee on the Right to Counsel to address the issue.
"Even though state and local governments are responsible for ensuring adequate counsel for defendants who cannot afford to hire their own lawyers, many people don't recieve that."
In 1963, the U.S. Supreme Court ruled in the case of Clarence Earl Gideon that the right to counsel in criminal cases was necessary to achieve a fair system of justice.
In his initial trial, Gideon represented himself because he could not afford an attorney. After his conviction was overturned, he was retried and his appointed attorney discovered new witnesses and won an acquittal.
Former Vice President Walter F. Mondale is serving as the newly formed committee's honorary chairman. In 1963, Mondale, then Minnesota's attorney general, organized 22 state attorneys general to file a friend of the court brief in favor of Gideon's right to a lawyer.
Gideon's handwritten petition to the Supreme Court is now on display at the National Constitution Center in Philadelphia.
Many around the country argue today that the promise of Gideon remains unfulfilled, even if an attorney has been appointed. The attorney may be handling hundreds of other cases, have no expertise in criminal law or have no funds to investigate facts or get DNA tests.
Four years ago, the Justice Department declared that public defense in the U.S. is in a "chronic state of crisis."(PDF)
Rhoda Billings, former chief justice of the North Carolina Supreme Court and one of the three co-chairs of the new committee, said examples of problems abound.
"If an obscure Florida convict named Clarence Earl Gideon had not sat down in prison with a pencil and paper to write a letter to the Supreme Court, and if the Supreme Court had not taken the trouble to look for merit in that one crude petition among all the bundles of mail it must receive every day, the vast machinery of American law would have gone on functioning undisturbed.
But then again, I'm officially nutzzzzzz, until certified un-nutzzzzzz in a competent court of the law. So I am waiting on the law, and the certificate required by the law.
But I'm no expert.(.pdf) Anyone see ours, yet? He has our certificate required by the law and I need it to be officially un-nutzzzzzz. And that's a fact!
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
