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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, and |
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this contest is an effective means of arriving at just results only |
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when both the prosecution and the defense are adequately prepared |
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and equipped to present their case effectively under the law; 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, the 77th Legislature passed the Fair Defense Act of 2001 to |
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better ensure that the constitutional rights of all Texans would be |
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more reliably safeguarded; and |
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WHEREAS, That Act established the Task Force on Indigent |
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Defense, which was elevated to permanent agency status as the Texas |
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Indigent Defense Commission, to ensure the rights guaranteed in |
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Gideon, with the task force and the commission enabling many more |
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people to receive public defense services and earlier access to |
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counsel, while also improving the quality of legal assistance |
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provided; and |
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WHEREAS, The commission provides technical support to |
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counties to develop and maintain quality, cost-effective public |
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defense systems and offers financial assistance to meet the new |
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requirements and to foster innovation in the way public defense |
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services are provided; state grant funds administered by the |
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commission have led to the creation of several new public defender |
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offices and managed assigned counsel programs to provide public |
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defense services in more than 70 counties; and |
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WHEREAS, Affirming essential principles of fairness and |
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justice, the commission plays a crucial role in guaranteeing access |
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to counsel for all; now, therefore, be it |
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RESOLVED, That the House of Representatives of the 88th |
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Legislature hereby commemorates the 60th anniversary of Gideon v. |
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Wainwright and commends the Indigent Defense Commission on its work |
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to improve the administration of justice in this. |
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Smith |
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______________________________ |
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Speaker of the House |
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I certify that H.R. No. 579 was adopted by the House on March |
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16, 2023, by a non-record vote. |
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______________________________ |
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Chief Clerk of the House |
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