Mr. Speaker, I rise today to commemorate the 50th Anniversary of Gideon v. Wainwright. This Supreme Court case established that all Americans have a right to counsel in criminal trials--even if they cannot afford it. The Gideon decision…
Mr. Speaker, I rise today to commemorate the 50th Anniversary of Gideon v. Wainwright. This Supreme Court case established that all Americans have a right to counsel in criminal trials--even if they cannot afford it. The Gideon decision was clear: American citizens moving through the criminal justice system deserve appropriate representation under the law.
Unfortunately, fifty years after this case was decided, that promise of Gideon has not been fully realized. Today, ever increasing numbers of American citizens fall through the cracks in our justice system, sitting behind bars because they did not have access to legal representation.
On this important anniversary, we must commit ourselves to ensuring that all Americans have meaningful access to legal representation so that they are not left at the mercy of a justice system that is difficult to navigate and weighted against them. As Michelle Alexander's explains in The New Jim Crow, ``tens of thousands of poor people go to jail every year without ever talking to a lawyer.'' An article by Karen Houppert in this Sunday's Washington Post describes how ``one man, accused of burglary, sat in jail for more than a year while waiting for an attorney to be assigned to him.'' I believe that those situations are unconscionable. Wealth should not be required buy access to a responsive justice system. All Americans should have ready, meaningful access to an attorney when their futures and interests are at risk.
We must make sure that the services aimed at assisting the poor are adequately funded. Attorney General Holder has quite accurately referred to the ``crisis'' facing services that provide legal services to the poor. Today, public defenders have caseloads that are often hundreds of cases above the numbers recommended by the American Bar Association. With staff stretched that thin, the level of service provided in any one case inevitably suffers. As is noted in The New Jim Crow, ``...those who do meet with a lawyer for a drug offense often spend only a few minutes discussing their case and options before making a decision that will profoundly affect the rest of their lives.'' We must make sure that the attorneys who are assisting low- income individuals have the ability and resources to do so in a way that is meaningful and effective.
We must also commit ourselves to broadening the scope of cases that warrant a right to legal counsel. Gideon applies only to criminal cases--legal issues like home foreclosures, job loss, spousal abuse and parental custody are not covered. Individuals in these situations may lose their homes, their livelihoods, or worse, because they do not have access to representation.
While these cases are ``civil'' in nature, they often carry a very real risk of jail time. I believe that Gideon should be applicable in these situations, because individuals facing a potential loss of liberty deserve the right to representation.
The Legal Services Corporation, which provides civil legal services to people who cannot otherwise afford them, received $70 million less in fiscal year 2012 than it did at its peak funding. This comes as the Legal Services Corporation is more strained than ever, helping low- income families dealing with the greatest economic crisis since the Great Depression. According to the New York Times, over 60 million Americans qualify for the Corporation's services, but 80% of the legal needs of the poor go unmet. Those numbers are disheartening and unacceptable and must be addressed.
I urge my colleagues to read the attached articles and to work to restore the meaning of the Gideon decision by ensuring that all individuals have meaningful access to legal counsel.
[From the Washington Post, Mar. 15, 2013]
Indigent Clients Suffer as Public Defenders Struggle To Keep Up With
Caseloads
(By Karen Houppert),
In 1961, an itinerant man named Clarence Earl Gideon was
accused of breaking into a pool hall in Florida and stealing
some liquor, as well as money from a jukebox and a cigarette
machine. He asked the judge in his burglary trial for a
lawyer. He was too poor to hire one himself, Gideon said, but
he needed help with his case. The judge said the state was
under no obligation to provide him with an attorney. So
Gideon represented himself, badly, and ended up in prison.
But he fought his conviction--all the way to the Supreme
Court, insisting that there was no such thing as a ``fair
trial'' if both sides didn't have representation.
Monday marks the 50th anniversary of the landmark Supreme
Court decision in that case, Gideon v. Wainwright, which
established the constitutional right to free counsel for poor
people accused of serious crimes. Most Americans are familiar
with this result, thanks to television and movies; police
officers say as they arrest someone: ``You have a right to an
attorney. If you cannot afford an attorney, one will be
provided for you.''
In the 1960s, complying with the ruling seemed quite
possible. Sure, it would be expensive for local governments
that had to oversee and fund such efforts. But the number of
indigent folks accused of crimes was smaller and, arguably,
more manageable. Cities and counties established public-
defender offices, staffed by salaried lawyers who were paid
by the city, county, state or some combination of these; they
also developed a roster of private attorneys whom judges
appointed on an as-needed basis, paying an hourly rate; and
some contracted with a single law firm or attorney for all
local public defense.
It sort of worked.
But over time the war on drugs, the ``three strikes'' laws
and the lock-'em-up mentality of politicians have led to
indigent clients flooding the courts. Courts are
overburdened, and across the country, lawyers for the poor
are routinely buried beneath crushing caseloads and working
in underfunded offices. Without adequate resources, it's hard
to hire the investigators, experts or paralegals to mount a
good defense. The stakes are high--for the man on death row
to the teen picked up for marijuana possession.
Attorney General Eric Holder decried the ``crisis'' in
indigent defense when he spoke to the American Bar
Association last year. Programs across the country were
``underfunded and understaffed,'' he said. Citing
``insufficient resources, overwhelming caseloads and
inadequate oversight,'' he worried about a breakdown: ``Far
too many public defender systems lack the basic tools they
need to function properly.''
The problems have been well documented. A 2009
investigation by the Constitution Project, the National Legal
Aid & Defender Association and the National Right to Counsel
Committee concluded that the system of providing counsel for
the poor was broken and that defendants' constitutional
rights were routinely violated. The groups drew from news
articles, law reviews and myriad panicked reports that
cities, counties and states had generated. Their report,
``Justice Denied: America's Continuing Neglect of Our
Constitutional Right to Counsel,'' documented instances in
which public defenders carried as many as 500 active felony
cases at a time (the American Bar Association recommends 150)
and as many as 2,225 misdemeanor cases (the ABA recommends
400).
The recent economic crisis has exacerbated the problem. In
New Orleans last year, the chief public defender had to lay
off a third of his staff. Hundreds of people languished in
jail for months, waiting for a lawyer to be appointed. One
man had been there two months for possessing a joint. Another
man, accused of burglary, sat in jail for more than a year
while waiting for an attorney to be assigned to him.
These shortcomings greatly affect people's lives every day.
In Washington state in 2004,
a 12- year-old was accused of molesting his 5-year-old
neighbor after the boys had played a game that, the younger
one said, involved the older boy putting his hands down his
pants. The 12-year-old's overworked public defender advised
his client to quickly plead guilty. The lawyer carried 240
other criminal cases, never spoke to a witness, hired no
investigator, spoke to no experts, met with his client's
family for less than two hours and failed to speak to his
client alone once; the court ordered the 12-year-old to
register as a sex offender for the rest of his life, be
tested for sexually transmitted diseases and attend sex rehab
workshops. Six years later, on appeal, the state Supreme
Court determined that the boy's counsel had been inadequate,
and Washington is making strides in reforming indigent
defense.
But plenty of cases are rushed through courts around the
country, with equally disturbing results. The crisis in our
courts raises questions about how we as a nation define
``justice.'' Will we pay lip service to the notion that
everyone has a lawyer to represent them in court? Will we
provide a warm body in a suit and tie to stand next to a
defendant? Or do we equate ``justice'' with fairness--and
provide folks who are accused of crimes with meaningful
representation? Is the country committed to a level playing
field, the adversarial system of justice in which both sides
are properly armed to argue and from which truth emerges? Are
we committed to making the system work as it is designed to?
In the 1800s, Mark Twain joked that ``the law is a system
that protects everybody who can afford a good lawyer.'' In
many ways, unfortunately, that remains true today.