Judges as Champions of the Constitutional Right to Counsel

6th Amendment Right to Counsel Presented by: Judge Betty Thomas-Moore Shelby County General Sessions Civil Court Division V

Right to Counsel

Civil Liberties

Sixth Amendment The 6th Amendment guarantees a right to counsel. In the past, this meant that a defendant could hire an attorney. Since most criminals are poor, they did not have counsel. In the case of Gideon v. Wainwright (1963). In Gideon, a poor man, was accused of a crime and denied a lawyer. The Court ruled unanimously that a lawyer was a necessity in criminal court, not a luxury. The state must provide a lawyer to poor defendants in felony cases.

Right to Counsel at Critical Stages of Criminal Proceedings The Supreme Court has held that no one may be imprisoned for any level of crime without legal representation, unless the accused has knowingly and intelligently waived their right 6th Amendment right to legal counsel occurs at every critical stage of a criminal proceeding, including during the investigation, at hearings and during the trial A critical stage is any step during a criminal prosecution where the accused’s rights may be affected by the absence of legal representation

Funding of Counsel Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers), and if the defendant cannot afford a lawyer, requires that the government appoints one or pay the defendants’ legal expenses.

In all criminal prosecutions, the accused shall enjoy the right of having the assistance of counsel to: Avoid unjust convictions Bring effectuation to the rights of the Defendants who might not know about them without an attorney

Gideon v. Wainwright (1963) “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.”

Development of the Right to Counsel England’s early legal system did not include the assistance of counsel Powell v. Alabama (1932) Denying legal counsel for a defendant at trial is a denial of due process Gideon v. Wainwright (1963) Held that not only was the right to counsel absolute, but also in all serious cases, indigent defendants accused of a felony were to be provided with legal counsel

Counsel in Summary Trials Although a person charged with any criminal offense has the right to retain counsel to represent him/her at a summary proceeding, most defendants charged with minor misdemeanors are not represented by counsel. A principal reason is the expense of retaining a lawyer, which may exceed the fine imposed. In Scott v. Illinois (1980), the Supreme Court said that indigent persons do not have a right to counsel at public expense unless they are actually sentenced to jail.

Summary The right to counsel is the only 6th Amendment guarantee that extends beyond the trial Everyone has the right to legal representation Every lawyer has an obligation to do everything legally permissible to see that the client’s rights are upheld It is to ensure that those accused are afforded their legal right and that they understand the process in which they are involved

The Day & Life of a Judge “Thank you to Michelle McElhaney for making me look good with this presentation!”