H.R. No. 579
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, and
this contest 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, Because the assistance of counsel is essential to
effectuate a meaningful defense when faced with prosecution by the
state, the 77th Legislature passed the Fair Defense Act of 2001 to
better ensure that the constitutional rights of all Texans would be
more reliably safeguarded; and
WHEREAS, That Act established the Task Force on Indigent
Defense, which was elevated to permanent agency status as the Texas
Indigent Defense Commission, to ensure the rights guaranteed in
Gideon, with the task force and the commission enabling many more
people to receive public defense services and earlier access to
counsel, while also improving the quality of legal assistance
provided; and
WHEREAS, The commission provides technical support to
counties to develop and maintain quality, cost-effective public
defense systems and offers 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, the commission plays a crucial role in guaranteeing access
to counsel for all; now, therefore, be it
RESOLVED, That the House of Representatives of the 88th
Legislature hereby commemorates the 60th anniversary of Gideon v.
Wainwright and commends the Indigent Defense Commission on its work
to improve the administration of justice in this.
Smith
______________________________
Speaker of the House
I certify that H.R. No. 579 was adopted by the House on March
16, 2023, by a non-record vote.
______________________________
Chief Clerk of the House