U.S. Supreme Court case established ‘right to a lawyer’ in state criminal courts, ACLU and Idaho legislature to take action
Boise, ID—Today, 50 years ago in 1963 the United States Supreme Court in Gideon v. Wainwright, unanimously held that the right to counsel under the Sixth Amendment applies to state courts via the 14th Amendment. It affirmatively declared that those accused of a crime in state courts, too poor to afford an attorney, must have one appointed to aid them in their defense. In that case, the Court declared it an “obvious truth” that “lawyers in criminal courts are necessities, not luxuries.”
“Of all the powers given to government, the right to take our liberty away is the most dangerous of them all,” said Monica Hopkins, ACLU of Idaho Executive Director. “This landmark case is about protecting the fundamental right an individual has against that power and guaranteeing our due process.”
In 1961 Mr. Clarence Earl Gideon was accused of breaking into a pool hall in the state of Florida. The police arrested him and charged him with breaking and entering with the intent to commit petty larceny. At his court hearing, Gideon asked the Judge to appoint him an attorney, but his request was denied and Gideon was force to act as his own attorney. The jury delivered a guilty verdict and sentenced him to five years in state prison. From state prison, writing with pencil on prison paper, Gideon appealed to the U.S. Supreme Court, and argued that his Sixth Amendment right to counsel had been violated and that he should have been appointed a lawyer. The Supreme Court appointed a prominent attorney to argue the case and the Court ruled in Gideon’s favor. After more than two years in prison, Gideon was given a new trial, now represented by an attorney and within 45 minutes came back with an acquittal—Gideon was released.
To commemorate the Anniversary, the ACLU of Idaho is screening Gideon’s Army, a Sundance 2013 award-winning documentary to air on HBO later this year. The free screening will be Friday, March 29th at the Egyptian Theatre at 7pm. The film follows three young public defenders who are part of a small group of idealistic lawyers in the Deep South challenging the assumptions that drive a criminal justice system strained to the breaking point.
To address deficiencies in Idaho’s public defender system the Idaho legislature is expected to vote on a concurrent resolution (HCR 26) today to establish an interim committee to study and make recommendations on how to improve Idaho’s public defender system. The House State Affairs Committee will hold a public hearing today at 9 am.
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