SENATE RESOLUTION NO. 479
WHEREAS, The Senate of the State of Texas is pleased to
recognize the 50th anniversary of the United States Supreme Court
decision in Gideon v. Wainwright; and
WHEREAS, It was 50 years ago on March 18, 1963, that the
United States Supreme Court unanimously decided the landmark
case of Gideon v. Wainwright and ruled that state courts are
required under the Constitution to provide counsel in criminal
cases for defendants who are unable to afford to pay their own
attorneys; and
WHEREAS, The court thus recognized that our adversarial
system of criminal justice depends upon a fair contest between
the prosecution and the defense, and it further recognized that
the adversarial system is an effective means of arriving at just
results only when both the prosecution and defense are adequately
prepared and equipped to present their case effectively under the
law; and
WHEREAS, In the words of Justice Hugo Black, "This noble
ideal cannot be realized if the poor man charged with crime has to
face his accusers without a lawyer to assist him"; and
WHEREAS, Because the assistance of counsel is essential to
effectuate a meaningful defense when faced with prosecution by
the state, Texas passed the Fair Defense Act of 2001 to better
ensure that the constitutional rights of all Texans would be more
reliably safeguarded; and
WHEREAS, Implementation of the Fair Defense Act has led to
many more people receiving public defense services, along with
earlier access to counsel and improved quality of the services
provided; and
WHEREAS, The Fair Defense Act created the Task Force on
Indigent Defense, now known as the Texas Indigent Defense
Commission, to provide technical support to counties to develop
and maintain quality, cost-effective public defense systems and
for the first time to provide financial assistance to meet the
new requirements and foster innovation in the way public defense
services are provided; and
WHEREAS, The new state grant funds administered by the
commission have led to the creation of 13 new public defender
offices and three managed assigned counsel programs to provide
public defense services in more than 180 counties; now,
therefore, be it
RESOLVED, That the Senate of the State of Texas, 83rd
Legislature, hereby affirm that the principles of fairness and
justice recognized in Gideon v. Wainwright represent an important
and historic step forward in American justice and, upon this
occasion of the 50th anniversary of Gideon v. Wainwright, recognize
and salute the important work being done across the United States
and the State of Texas to ensure fairness and justice by
guaranteeing access to counsel for all; and, be it further
RESOLVED, That a copy of this Resolution be prepared to
commemorate the 50th anniversary of this landmark decision.
Ellis
________________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on March 18, 2013.
________________________________
Secretary of the Senate
________________________________
Member, Texas Senate