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SENATE RESOLUTION NO. 479
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WHEREAS, The Senate of the State of Texas is pleased to |
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recognize the 50th anniversary of the United States Supreme Court |
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decision in Gideon v. Wainwright; and |
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WHEREAS, It was 50 years ago on March 18, 1963, that the |
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United States Supreme Court unanimously decided the landmark |
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case of Gideon v. Wainwright and ruled that state courts are |
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required under the Constitution to provide counsel in criminal |
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cases for defendants who are unable to afford to pay their own |
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attorneys; and |
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WHEREAS, The court thus recognized that our adversarial |
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system of criminal justice depends upon a fair contest between |
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the prosecution and the defense, and it further recognized that |
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the adversarial system is an effective means of arriving at just |
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results only when both the prosecution and defense are adequately |
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prepared and equipped to present their case effectively under the |
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law; and |
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WHEREAS, In the words of Justice Hugo Black, "This noble |
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ideal cannot be realized if the poor man charged with crime has to |
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face his accusers without a lawyer to assist him"; 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 |
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the state, Texas passed the Fair Defense Act of 2001 to better |
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ensure that the constitutional rights of all Texans would be more |
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reliably safeguarded; and |
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WHEREAS, Implementation of the Fair Defense Act has led to |
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many more people receiving public defense services, along with |
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earlier access to counsel and improved quality of the services |
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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 |
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and maintain quality, cost-effective public defense systems and |
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for the first time to provide financial assistance to meet the |
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new requirements and foster innovation in the way public defense |
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services are provided; and |
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WHEREAS, The new state grant funds administered by the |
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commission have led to the creation of 13 new public defender |
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offices and three managed assigned counsel programs to provide |
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public defense services in more than 180 counties; now, |
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therefore, be it |
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RESOLVED, That the Senate of the State of Texas, 83rd |
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Legislature, hereby affirm that the principles of fairness and |
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justice recognized in Gideon v. Wainwright represent an important |
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and historic step forward in American justice and, upon this |
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occasion of the 50th anniversary of Gideon v. Wainwright, recognize |
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and salute the important work being done across the United States |
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and the State of Texas to ensure fairness and justice by |
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guaranteeing access to counsel for all; and, be it further |
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RESOLVED, That a copy of this Resolution be prepared to |
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commemorate the 50th anniversary of this landmark decision. |
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Ellis |
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________________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on March 18, 2013. |
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________________________________ |
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Secretary of the Senate |
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________________________________ |
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Member, Texas Senate |