2025S0206-1 03/10/25
By: Zaffirini S.R. No. 264
SENATE RESOLUTION
WHEREAS, March 18, 2025, marks the 62nd 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 unanimously 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 v. Wainwright, 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 many new public defender
offices and managed assigned counsel programs to provide public
defense services in more than 82 counties; and
WHEREAS, The commission is actively working to address the
rural attorney shortage crisis by establishing more rural
regional public defender offices; by 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 Senate of the State of Texas, 89th
Legislature, hereby commemorate the 62nd anniversary of Gideon
v. Wainwright and commend the Texas Indigent Defense Fund on its
work to improve the administration of justice in this state.