The Right to Counsel

 

Gideon's Petition

In 1963, the United States Supreme Court ruled in Gideon v. Wainwright (372 U.S. 335) that, “reason and reflection require us to recognize that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless one is provided for him.” Declaring it an “obvious truth” that “lawyers in criminal courts are necessities not luxuries”, the Supreme Court ruled that states must provide counsel to indigent defendants in felony cases.

The right to counsel has been consistently extended to any case where the accused risks a potential loss of liberty.1

Twenty-four states filed amicus briefs to the Supreme Court is support of s constitutionally protected right to counsel. These states urged the Court to impose a new standard of fairness on state criminal proceedings in order to improve the entire scope of the criminal justice system.

The right to counsel is also enshrined in Louisiana’s constitution. Article 1, Section 13 states that any person who is indigent and has been arrested or detained for any offense has a right to a court appointed attorney “at each stage of the proceeding”. Further, the legislature is directed to “provide for a uniform system for securing and compensating qualified counsel for indigents”.

  

Supporting a Strong System of Public Defense

In Louisiana, anyone accused of a crime that can result in incarceration is entitled a lawyer. Because of that constitutional guarantee, federal and state governments must provide lawyers to defendants accused of crime who cannot afford to hire their own attorney.

Public defenders defend a person’s liberty and protect their client’s rights while their freedom is at stake. Public defenders work to ensure that innocent people are not wrongfully convicted of their crimes, that guilty people are appropriately sentenced and that prosecutors successfully test their case beyond “a reasonable doubt.” When adequately resourced and supervised, public defenders serve the community to improve the quality of life for all its members.

Why invest in public defenders?

  • By protecting the innocent, they ensure that the search for guilty criminals goes on, serving both victims and the general public. Louisiana has exonerated 29 wrongfully convicted men. In the vast majority of cases, the true perpetrator has not been brought to justice. Read about Louisiana's exonerees...

  • The criminal justice system is only as efficient as its least efficient part. By short-changing the public defense function, the entire criminal justice system slows to a crawl, wasting valuable tax dollars. Clients regularly languish in parish jails for years waiting for trial and their turn in the backlog. Overworked public defenders often don’t get to visit with their client for the first time until months after they are arrested. A class-action in Lake Charles challenges the length of time that indigent defendants languish in jail without access to their attorney. Read the class action complaint...

  • By raising the standard of defense, other court agencies raise their standards of performance. In an adversarial system, a weak public defense function encourages sloppy police work, inefficiency that results in errors and poor prosecutorial action. When the public defense function is strong, the competence of the entire system is elevated and the public can trust the criminal justice process.

  • Public defenders save tax dollars and reduce criminal justice costs. By fighting for fair verdicts and appropriate sentences, public defenders limit the overwhelming cost of incarceration. Louisiana has the highest rate of incarceration in the United States, which comes at an incredible cost to local taxpayers. Investing in the public defense function on the front end limits long-term spending. A study of the Kentucky Social Worker Pilot found that for every $1 invested in social worker salary, the state saved $3.25 in incarceration costs. Read the report... 

  • Public defendants are advocates for society’s most disadvantaged. They fight for equal justice for poor people, minorities, the mentally ill, the disabled, the homeless, the addicted and those lacking strong support systems. As jails become the centers of communities all over Louisiana, public defenders are the voice for all of society’s most vulnerable. An LJC survey of 100 adult prisoners in Caddo Correctional Center revealed high rates of mental illness, homelessness and addiction, as well as a high number of adult defendants who “aged out” of foster care.

  • When adequately resourced, public defenders seek enduring solutions to their client's legal issues. This commitment makes public defenders one of their community's most valuable assets. By providing high quality defense services, public defenders minimize the likelihood of recidivism -- saving tax dollars, protecting public safety and giving their clients the best opportunities to become valuable members of their community. 

 

1 Gideon established the right to counsel for felony trials. Following cases extend that right to: direct appeals – Douglas v.California, 372 US 353(1963); custodial interrogation – Miranda v. Arizona, 384 US 436 (1966); juvenile proceedings resulting in confinement – In Re Gault, 387 US 1 (1967); critical stages of preliminary hearings – Coleman v. Alabama, 399 US 1 (1970); misdemeanors involving possible imprisonment – Argersinger v. Hamlin, 407 US 25 (1972; and misdemeanors involving a suspended sentence – Shelton v. Alabama, 535 US 654 (2002).