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R E S O L U T I O N
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WHEREAS, March 18, 2025, marks the 62nd 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 unanimously reaffirmed the right of defendants to a fair |
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trial and recognized that our adversarial system of criminal |
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justice depends upon a fair contest between the prosecution and the |
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defense, and that this contest is an effective means of arriving at |
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just results only when both the prosecution and the defense are |
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adequately prepared and equipped to present their case effectively |
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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 Texas Legislature passed the Fair Defense Act of |
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2001 to better ensure that the constitutional rights of all Texans |
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would be more reliably safeguarded; and |
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WHEREAS, To ensure the rights guaranteed in Gideon |
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v. Wainwright, the Fair Defense Act established the Task Force on |
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Indigent Defense, which was elevated to permanent agency status as |
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the Texas Indigent Defense Commission; the task force and the |
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commission have enabled many more people to receive public defense |
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services and earlier access to counsel, while also improving the |
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quality of legal assistance provided; and |
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WHEREAS, The commission also 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 that public |
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defense services are provided; state grant funds administered by |
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the commission have led to the creation of many 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 82 counties, and the commission is |
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actively working to address the rural attorney shortage crisis by |
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establishing more rural regional public defender offices; and |
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WHEREAS, Gideon v. Wainwright marked a turning point in |
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American jurisprudence, and by affirming essential principles of |
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fairness and justice, the decision has played a crucial role in |
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guaranteeing access to counsel for all; now, therefore, be it |
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RESOLVED, That the House of Representatives of the 89th Texas |
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Legislature hereby commemorate the 62nd anniversary of Gideon |
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v. Wainwright and commend the Texas Indigent Defense Commission on |
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its work to improve the administration of justice in this state. |
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Smithee |
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______________________________ |
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Speaker of the House |
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I certify that H.R. No. 572 was adopted by the House on April |
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17, 2025, by the following vote: Yeas 132, Nays 8, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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