88R15588 CJM-D
By: Smith H.R. No. 568
R E S O L U T I O N
WHEREAS, March 18, 2023, marks the 60th anniversary of the
landmark Supreme Court ruling in Gideon v. Wainwright, which found
that under the United States Constitution, state courts must
provide attorneys to indigent defendants in all felony cases; and
WHEREAS, In Gideon v. Wainwright, the United States Supreme
Court reaffirmed the right of defendants to a fair trial and
recognized that our adversarial system of criminal justice depends
upon a fair contest between the prosecution and the defense;
moreover, it acknowledged that this system is an effective means of
arriving at just results only when both the prosecution and the
defense are adequately prepared and equipped to present their case
effectively under the law; and
WHEREAS, Justice Hugo Black, who wrote the unanimous
decision, noted: "The right of one charged with crime to counsel may
not be deemed fundamental and essential to fair trials in some
countries, but it is in ours"; the Supreme Court has expanded on its
rationale in Gideon v. Wainwright to ensure the right to counsel for
indigent defendants in juvenile cases and in all cases that carry
the possibility of incarceration for defendants; 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; implementation of the Act has enabled many more people
to receive public defense services and earlier access to counsel,
and it has improved the quality of legal assistance 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, as well as
to offer financial assistance to meet the new requirements and to
foster innovation in the way public defense services are provided;
state grant funds administered by the commission have led to the
creation of several new public defender offices and managed
assigned counsel programs to provide public defense services in
more than 70 counties; and
WHEREAS, Affirming essential principles of fairness and
justice, Gideon v. Wainwright marked a turning point in American
jurisprudence, and it is indeed fitting to recognize the vital role
this decision has played over the past half century in guaranteeing
access to counsel for all; now, therefore, be it
RESOLVED, That the House of Representatives of the 88th Texas
Legislature hereby commemorate the 60th anniversary of the Supreme
Court's decision in Gideon v. Wainwright.