39–008 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–260 

SUPPORTING THE SIXTH AMENDMENT TO THE UNITED 

STATES CONSTITUTION, THE RIGHT TO COUNSEL 

NOVEMBER 12, 2013.—Referred to the House Calendar and ordered to be printed 

Mr. GOODLATTE, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H. Res. 196] 

The Committee on the Judiciary, to whom was referred the resolution (H. Res. 196) supporting the Sixth Amendment to the United 

States Constitution, the right to counsel, having considered the 

same, reports favorably thereon without amendment and recommends that the resolution be agreed to. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1 

Background and Need for the Legislation ............................................................. 2 

Hearings ................................................................................................................... 2 

Committee Consideration ........................................................................................ 2 

Committee Votes ...................................................................................................... 2 

Committee Oversight Findings ............................................................................... 2 

New Budget Authority and Tax Expenditures ...................................................... 2 

Duplication of Federal Programs ............................................................................ 3 

Disclosure of Directed Rule Makings ..................................................................... 3 

Performance Goals and Objectives ......................................................................... 3 

Advisory on Earmarks ............................................................................................. 3 

Section-by-Section Analysis .................................................................................... 3 

Purpose and Summary 

H. Res. 196 states the House of Representatives’ support of the 

Sixth Amendment to the United States Constitution, the right to 

counsel, and its continued commitment to pursue strategies to improve the criminal justice system to ensure that indigent defendants in all felony cases are adequately represented by counsel. 


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1 372 U.S. 335 (1963). 

2 Id. at 344. 3 407 U.S. 25, 37 (1972). 

Background and Need for the Legislation 

This year marks the fiftieth anniversary of the Supreme Court 

decision, Gideon v. Wainwright.1 In Gideon, the Court held that the 

Sixth Amendment to the U.S. Constitution requires that indigent 

defendants be provided counsel in all felony cases. In the Court’s 

opinion, Justice Black stated: 

From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and 

substantive safeguards designed to assure fair trials before 

impartial tribunals in which every defendant stands equal 

before the law. This noble ideal cannot be realized if the 

poor man charged with crime has to face his accusers 

without a lawyer to assist him.2

The Supreme Court later extended the scope of a defendant’s 

right to counsel in Argesinger v. Hamlin, which held that ‘‘absent 

a knowing and intelligent waiver, no person may be imprisoned for 

any offense, whether classified as petty, misdemeanor or felony, unless he was represented by counsel at his trial.’’ 3

Hearings 

The Committee on the Judiciary held no hearings on H. Res. 196. 

Committee Consideration 

On May 7, 2013, the Committee met in open session and ordered 

the resolution H. Res. 196 favorably reported without amendment, 

by voice vote, a quorum being present. 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that there were 

no recorded votes during the Committee’s consideration of H. Res. 

196. 

Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

New Budget Authority and Tax Expenditures 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 


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Duplication of Federal Programs 

No provision of H. Res. 196 establishes or reauthorizes a program of the Federal Government known to be duplicative of another Federal program, a program that was included in any report 

from the Government Accountability Office to Congress pursuant to 

section 21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

Disclosure of Directed Rule Makings 

The Committee estimates that H. Res. 196 specifically directs to 

be completed no specific rule makings within the meaning of 5 

U.S.C. 551. 

Performance Goals and Objectives 

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H. Res. 196, states 

the House of Representatives’ support of the Sixth Amendment to 

the United States Constitution and the right to counsel. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H. Res. 196 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of rule XXI. 

Section-by-Section Analysis 

H. Res. 196 states the House of Representatives’ support of the 

Sixth Amendment to the United States Constitution, the right to 

counsel, and its continued commitment to pursue strategies to improve the criminal justice system to ensure that indigent defendants in all felony cases are adequately represented by counsel. 

Æ 


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