|
|
|
R E S O L U T I O N
|
|
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. |