| 1 | 1 | | H.R. No. 579 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | R E S O L U T I O N |
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| 5 | 5 | | WHEREAS, March 18, 2023, marks the 60th anniversary of the |
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| 6 | 6 | | landmark Supreme Court ruling in Gideon v. Wainwright, which found |
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| 7 | 7 | | that under the United States Constitution, state courts must |
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| 8 | 8 | | provide attorneys to indigent defendants in all felony cases; and |
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| 9 | 9 | | WHEREAS, In Gideon v. Wainwright, the United States Supreme |
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| 10 | 10 | | Court reaffirmed the right of defendants to a fair trial and |
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| 11 | 11 | | recognized that our adversarial system of criminal justice depends |
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| 12 | 12 | | upon a fair contest between the prosecution and the defense, and |
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| 13 | 13 | | this contest is an effective means of arriving at just results only |
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| 14 | 14 | | when both the prosecution and the defense are adequately prepared |
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| 15 | 15 | | and equipped to present their case effectively under the law; and |
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| 16 | 16 | | WHEREAS, Because the assistance of counsel is essential to |
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| 17 | 17 | | effectuate a meaningful defense when faced with prosecution by the |
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| 18 | 18 | | state, the 77th Legislature passed the Fair Defense Act of 2001 to |
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| 19 | 19 | | better ensure that the constitutional rights of all Texans would be |
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| 20 | 20 | | more reliably safeguarded; and |
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| 21 | 21 | | WHEREAS, That Act established the Task Force on Indigent |
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| 22 | 22 | | Defense, which was elevated to permanent agency status as the Texas |
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| 23 | 23 | | Indigent Defense Commission, to ensure the rights guaranteed in |
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| 24 | 24 | | Gideon, with the task force and the commission enabling many more |
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| 25 | 25 | | people to receive public defense services and earlier access to |
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| 26 | 26 | | counsel, while also improving the quality of legal assistance |
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| 27 | 27 | | provided; and |
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| 28 | 28 | | WHEREAS, The commission provides technical support to |
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| 29 | 29 | | counties to develop and maintain quality, cost-effective public |
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| 30 | 30 | | defense systems and offers financial assistance to meet the new |
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| 31 | 31 | | requirements and to foster innovation in the way public defense |
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| 32 | 32 | | services are provided; state grant funds administered by the |
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| 33 | 33 | | commission have led to the creation of several new public defender |
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| 34 | 34 | | offices and managed assigned counsel programs to provide public |
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| 35 | 35 | | defense services in more than 70 counties; and |
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| 36 | 36 | | WHEREAS, Affirming essential principles of fairness and |
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| 37 | 37 | | justice, the commission plays a crucial role in guaranteeing access |
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| 38 | 38 | | to counsel for all; now, therefore, be it |
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| 39 | 39 | | RESOLVED, That the House of Representatives of the 88th |
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| 40 | 40 | | Legislature hereby commemorates the 60th anniversary of Gideon v. |
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| 41 | 41 | | Wainwright and commends the Indigent Defense Commission on its work |
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| 42 | 42 | | to improve the administration of justice in this. |
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| 43 | 43 | | Smith |
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| 44 | 44 | | ______________________________ |
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| 45 | 45 | | Speaker of the House |
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| 46 | 46 | | I certify that H.R. No. 579 was adopted by the House on March |
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| 47 | 47 | | 16, 2023, by a non-record vote. |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Chief Clerk of the House |
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