By: West S.C.R. No. 33
(Moody)
SENATE CONCURRENT RESOLUTION
WHEREAS, The 88th Legislature of the State of Texas is
pleased to recognize the 60th anniversary of the momentous United
States Supreme Court decision rendered in Gideon v. Wainwright,
which established the legal precedent that affirmed a criminal
defendant's right to state appointed counsel and thereby
transformed the nation's criminal justice system; and
WHEREAS, On March 18, 1963, the United States Supreme Court
unanimously decided that the Constitution of the United States
requires states to provide counsel in criminal cases for all
indigent defendants who are charged with a felony and who cannot
afford to hire private representation; and
WHEREAS, In that hallmark case, the court reaffirmed the
right that defendants have to a fair trial, and it further
acknowledged that the adversarial system serves as an effective
means of arriving at fair results only when both sides are
adequately represented and are allowed to have the resources
necessary to present their case effectively; and
WHEREAS, In the words of Justice Hugo Black, author of the
unanimous decision, "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"; and
WHEREAS, The Supreme Court has expanded on its rationale in
Gideon to ensure the right to counsel for indigent defendants in
juvenile cases and in all cases where the defendant faces the
possibility of incarceration; and
WHEREAS, In light of the foregoing Constitutional mandates,
Texas passed the Fair Defense Act of 2001 to better ensure that the
constitutional rights of all Texans are protected; the success of
the Fair Defense Act is seen in the many persons receiving public
defense services and earlier access to counsel along with the
improved quality of service in the State of Texas; and
WHEREAS, The Fair Defense Act gave birth to the Task Force on
Indigent Defense, now called the Texas Indigent Defense Commission,
which protects the right to counsel and improves Texas public
defense; the commission has succeeded through the creation of
several new public defender offices and Managed Assigned Counsel
programs that provide public defense services to more than 70
counties; now, therefore, be it
RESOLVED, That the 88th Legislature of the State of Texas
hereby affirm the principles of fairness and justice recognized in
Gideon v. Wainwright, a case that symbolizes a monumental step
forward in American justice and upon this occasion of the 60th
anniversary of this historic Supreme Court case, recognize and
honor the work being done across the nation and the State of Texas
to guarantee access to counsel and ensure fairness and justice for
all; and, be it further
RESOLVED, That a copy of this Resolution be prepared in honor
of this special occasion.