Delaware 2023 2023-2024 Regular Session

Delaware Senate Bill SCR120 Draft / Bill

                    SPONSOR:      Sen. Townsend & Rep. Lynn       Sens. Buckson, Gay, Hansen, Hocker, Hoffner, Huxtable, Lockman, Pettyjohn, Pinkney, Sokola, Wilson; Reps. Baumbach, Hilovsky, Romer           DELAWARE STATE SENATE   152nd GENERAL ASSEMBLY       SENATE CONCURRENT RESOLUTION NO. 120       RECOGNIZING MARCH 18, 2024, AS "NATIONAL PUBLIC DEFENSE DAY".      

     

     SPONSOR:      Sen. Townsend & Rep. Lynn       Sens. Buckson, Gay, Hansen, Hocker, Hoffner, Huxtable, Lockman, Pettyjohn, Pinkney, Sokola, Wilson; Reps. Baumbach, Hilovsky, Romer     

SPONSOR: Sen. Townsend & Rep. Lynn
Sens. Buckson, Gay, Hansen, Hocker, Hoffner, Huxtable, Lockman, Pettyjohn, Pinkney, Sokola, Wilson; Reps. Baumbach, Hilovsky, Romer

 SPONSOR:  

 Sen. Townsend & Rep. Lynn 

 Sens. Buckson, Gay, Hansen, Hocker, Hoffner, Huxtable, Lockman, Pettyjohn, Pinkney, Sokola, Wilson; Reps. Baumbach, Hilovsky, Romer 

   

 DELAWARE STATE SENATE 

 152nd GENERAL ASSEMBLY 

   

 SENATE CONCURRENT RESOLUTION NO. 120 

   

 RECOGNIZING MARCH 18, 2024, AS "NATIONAL PUBLIC DEFENSE DAY". 

   

  WHEREAS, Clarence Earl Gideon was a Florida man charged with breaking into a pool hall during the summer of 1961, for which he requested the assistance of counsel at trial, which was refused; and    WHEREAS, representing himself at trial, Mr. Gideon was convicted and sentenced to 5 years in a Florida prison, while always maintaining his innocence; and    WHEREAS, Mr. Gideon appealed his conviction in the Florida courts, which was denied; however, the U.S. Supreme Court agreed to hear his case; and   WHEREAS, on March 18, 1963, the United States Supreme Court issued a landmark opinion in the case of  Gideon v. Wainwright , which held that, under the 6  th    Amendment, Gideon was entitled to counsel; and   WHEREAS, on retrial, now represented by a court-appointed lawyer, Gideon was found not guilty, and the right to counsel was now applied to state prosecutions for felony offenses; and    WHEREAS, in 1964 the State of Delaware established the Office of the Public Defender, at the time handling a total of 874 cases with only a few attorneys; and   WHEREAS, in 2015 this body passed Senate Bill 47, which modernized Delawares public defense system and created the Office of Defense Services, made up of an interdisciplinary team of both lawyers and non-legal professionals to better assist clients both in and outside of the courtroom; and   WHEREAS, the Office of Defense Services provides legal representation to any adult who cannot afford an attorney and faces potential jail time, as well as all juveniles in criminal and delinquency matters in Delaware; and   WHEREAS, the employees of the Office of Defense Services zealously fight injustice and abuses of power while guarding the human and Constitutional rights of the everyday citizens of Delaware through client-centered holistic defenses focusing not just on the case, but the person; and   WHEREAS, the employees of the Office of Defense Services are often the unsung heroes of our justice system, winning trials and appeals in courtrooms throughout the state, and handling more than 20,000 criminal matters in the last year alone; and    WHEREAS, the employees of the Office of Defense Services advocate tirelessly for reforms to the criminal justice system, in Legislative Hall, in our courts, and anywhere policies impact the lives of their clients. The Office of Defense Services represent approximately 85% of justice involved individuals in the First State; and   WHEREAS, March 18, 2024, marks National Public Defense Day and commemorates the landmark U.S. Supreme Courts landmark decision of   Gideon , and the vital work of public defense lawyers .   NOW, THEREFORE:    BE IT RESOLVED  by the Senate of the 152nd General Assembly of the State of Delaware, the House of Representatives concurring therein, that the legacy and importance of the  Gideon   decision is acknowledged, the necessity of providing effective counsel to all accused of a crime or an act of delinquency in Delaware is recognized, and the continuing mission of the Office of Defense Services to provide legal representation to the indigent commended.        

 WHEREAS, Clarence Earl Gideon was a Florida man charged with breaking into a pool hall during the summer of 1961, for which he requested the assistance of counsel at trial, which was refused; and  

 WHEREAS, representing himself at trial, Mr. Gideon was convicted and sentenced to 5 years in a Florida prison, while always maintaining his innocence; and  

 WHEREAS, Mr. Gideon appealed his conviction in the Florida courts, which was denied; however, the U.S. Supreme Court agreed to hear his case; and 

 WHEREAS, on March 18, 1963, the United States Supreme Court issued a landmark opinion in the case of  Gideon v. Wainwright , which held that, under the 6  th    Amendment, Gideon was entitled to counsel; and 

 WHEREAS, on retrial, now represented by a court-appointed lawyer, Gideon was found not guilty, and the right to counsel was now applied to state prosecutions for felony offenses; and  

 WHEREAS, in 1964 the State of Delaware established the Office of the Public Defender, at the time handling a total of 874 cases with only a few attorneys; and 

 WHEREAS, in 2015 this body passed Senate Bill 47, which modernized Delawares public defense system and created the Office of Defense Services, made up of an interdisciplinary team of both lawyers and non-legal professionals to better assist clients both in and outside of the courtroom; and 

 WHEREAS, the Office of Defense Services provides legal representation to any adult who cannot afford an attorney and faces potential jail time, as well as all juveniles in criminal and delinquency matters in Delaware; and 

 WHEREAS, the employees of the Office of Defense Services zealously fight injustice and abuses of power while guarding the human and Constitutional rights of the everyday citizens of Delaware through client-centered holistic defenses focusing not just on the case, but the person; and 

 WHEREAS, the employees of the Office of Defense Services are often the unsung heroes of our justice system, winning trials and appeals in courtrooms throughout the state, and handling more than 20,000 criminal matters in the last year alone; and  

 WHEREAS, the employees of the Office of Defense Services advocate tirelessly for reforms to the criminal justice system, in Legislative Hall, in our courts, and anywhere policies impact the lives of their clients. The Office of Defense Services represent approximately 85% of justice involved individuals in the First State; and 

 WHEREAS, March 18, 2024, marks National Public Defense Day and commemorates the landmark U.S. Supreme Courts landmark decision of   Gideon , and the vital work of public defense lawyers . 

 NOW, THEREFORE:  

 BE IT RESOLVED  by the Senate of the 152nd General Assembly of the State of Delaware, the House of Representatives concurring therein, that the legacy and importance of the  Gideon   decision is acknowledged, the necessity of providing effective counsel to all accused of a crime or an act of delinquency in Delaware is recognized, and the continuing mission of the Office of Defense Services to provide legal representation to the indigent commended.   

   

  SYNOPSIS   This Resolution recognizes March 18, 2024, as "National Public Defense Day" in Delaware.   Author: Senator Townsend  

 SYNOPSIS 

 This Resolution recognizes March 18, 2024, as "National Public Defense Day" in Delaware. 

 Author: Senator Townsend