TITLE: Commemorating the 60th anniversary of the landmark Supreme Court decision in Gideon v. Wainwright.

SUMMARY: Commemorating the 60th anniversary of the landmark Supreme Court decision in Gideon v. Wainwright.

FULL TEXT:
WHEREAS, March 18, 2023, marks the 60th anniversary of the landmark Supreme Court ruling in Gideon v. Wainwright,which found that under the United States Constitution, state courts must provide attorneys to indigent defendants in all felony cases; and WHEREAS, In Gideon v. Wainwright,the United States Supreme Court reaffirmed the right of defendants to a fair trial and recognized that our adversarial system of criminal justice depends upon a fair contest between the prosecution and the defense; moreover, it acknowledged that this system is an effective means of arriving at just results only when both the prosecution and the defense are adequately prepared and equipped to present their case effectively under the law; and WHEREAS, Justice Hugo Black, who wrote the unanimous decision, noted: "The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours"; the Supreme Court has expanded on its rationale in Gideon v. Wainwright to ensure the right to counsel for indigent defendants in juvenile cases and in all cases that carry the possibility of incarceration for defendants; and WHEREAS, Because the assistance of counsel is essential to effectuate a meaningful defense when faced with prosecution by the state, Texas passed the Fair Defense Act of 2001 to better ensure that the constitutional rights of all Texans would be more reliably safeguarded; implementation of the Act has enabled many more people to receive public defense services and earlier access to counsel, and it has improved the quality of legal assistance provided; and WHEREAS, The Fair Defense Act created the Task Force on Indigent Defense, now known as the Texas Indigent Defense Commission, to provide technical support to counties to develop and maintain quality, cost-effective public defense systems, as well as to offer financial assistance to meet the new requirements and to foster innovation in the way public defense services are provided; state grant funds administered by the commission have led to the creation of several new public defender offices and managed assigned counsel programs to provide public defense services in more than 70 counties; and WHEREAS, Affirming essential principles of fairness and justice, Gideon v. Wainwright marked a turning point in American jurisprudence, and it is indeed fitting to recognize the vital role this decision has played over the past half century in guaranteeing access to counsel for all; now, therefore, be it RESOLVED, That the House of Representatives of the 88th Texas Legislature hereby commemorate the 60th anniversary of the Supreme Court's decision in Gideon v. Wainwright.