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SENATE CONCURRENT RESOLUTION
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WHEREAS, The 88th Legislature of the State of Texas is |
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pleased to recognize the 60th anniversary of the momentous United |
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States Supreme Court decision rendered in Gideon v. Wainwright, |
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which established the legal precedent that affirmed a criminal |
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defendant's right to state appointed counsel and thereby |
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transformed the nation's criminal justice system; and |
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WHEREAS, On March 18, 1963, the United States Supreme Court |
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unanimously decided that the Constitution of the United States |
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requires states to provide counsel in criminal cases for all |
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indigent defendants who are charged with a felony and who cannot |
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afford to hire private representation; and |
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WHEREAS, In that hallmark case, the court reaffirmed the |
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right that defendants have to a fair trial, and it further |
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acknowledged that the adversarial system serves as an effective |
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means of arriving at fair results only when both sides are |
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adequately represented and are allowed to have the resources |
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necessary to present their case effectively; and |
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WHEREAS, In the words of Justice Hugo Black, author of the |
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unanimous decision, "The right of one charged with crime to counsel |
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may not be deemed fundamental and essential to fair trials in some |
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countries, but it is in ours"; and |
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WHEREAS, The Supreme Court has expanded on its rationale in |
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Gideon to ensure the right to counsel for indigent defendants in |
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juvenile cases and in all cases where the defendant faces the |
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possibility of incarceration; and |
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WHEREAS, In light of the foregoing Constitutional mandates, |
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Texas passed the Fair Defense Act of 2001 to better ensure that the |
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constitutional rights of all Texans are protected; the success of |
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the Fair Defense Act is seen in the many persons receiving public |
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defense services and earlier access to counsel along with the |
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improved quality of service in the State of Texas; and |
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WHEREAS, The Fair Defense Act gave birth to the Task Force on |
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Indigent Defense, now called the Texas Indigent Defense Commission, |
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which protects the right to counsel and improves Texas public |
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defense; the commission has succeeded through the creation of |
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several new public defender offices and Managed Assigned Counsel |
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programs that provide public defense services to more than 70 |
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counties; now, therefore, be it |
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RESOLVED, That the 88th Legislature of the State of Texas |
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hereby affirm the principles of fairness and justice recognized in |
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Gideon v. Wainwright, a case that symbolizes a monumental step |
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forward in American justice and upon this occasion of the 60th |
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anniversary of this historic Supreme Court case, recognize and |
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honor the work being done across the nation and the State of Texas |
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to guarantee access to counsel and ensure fairness and justice for |
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all; and, be it further |
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RESOLVED, That a copy of this Resolution be prepared in honor |
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of this special occasion. |