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