Gideon v. Wainwright 50 years later

From today’s New York Times, the following is an excerpt from a story that describes the reality of one’s right to an attorney.  Note that the right doesn’t extend to civil trials, among others.

 

Right to Lawyer Can Be Empty Promise for Poor

By

ADEL, Ga. — Billy Jerome Presley spent 17 months in a Georgia jail because he did not have $2,700 for a child support payment. He had no prior jail record but also no lawyer. In Baltimore last fall, Carl Hymes, 21, was arrested on charges of shining a laser into the eyes of a police officer. Bail was set at $75,000. He had no arrest record but also no lawyer. In West Orange, N.J., last summer, Walter Bloss, 89, was served with an eviction notice from the rent-controlled apartment he had lived in for 43 years after a dispute with his landlord. He had gone to court without a lawyer.

Fifty years ago, on March 18, 1963, the Supreme Court unanimously ruled in Gideon v. Wainwright that those accused of a crime have a constitutional right to a lawyer whether or not they can afford one. But as legal officials observe the anniversary of what is widely considered one of the most significant judicial declarations of equality under law, many say that the promise inherent in the Gideon ruling remains unfulfilled because so many legal needs still go unmet.

Civil matters — including legal issues like home foreclosure, job loss, spousal abuse and parental custody — were not covered by the decision. Today, many states and counties do not offer lawyers to the poor in major civil disputes, and in some criminal ones as well. Those states that do are finding that more people than ever are qualifying for such help, making it impossible to keep up with the need. The result is that even at a time when many law school graduates are without work, many Americans are without lawyers.

The Legal Services Corporation, the Congressionally financed organization that provides lawyers to the poor in civil matters, says there are more than 60 million Americans — 35 percent more than in 2005 — who qualify for its services. But it calculates that 80 percent of the legal needs of the poor go unmet. In state after state, according to a survey of trial judges, more people are now representing themselves in court and they are failing to present necessary evidence, committing procedural errors and poorly examining witnesses, all while new lawyers remain unemployed.

“Some of our most essential rights — those involving our families, our homes, our livelihoods — are the least protected,” Chief Justice Wallace B. Jefferson of the Texas Supreme Court, said in a recent speech at New York University. He noted that a family of four earning $30,000 annually does not qualify for legal aid in many states.

James J. Sandman, president of the Legal Services Corporation, said, “Most Americans don’t realize that you can have your home taken away, your children taken away and you can be a victim of domestic violence but you have no constitutional right to a lawyer to protect you.”

According to the World Justice Project, a nonprofit group promoting the rule of law that got its start through the American Bar Association, the United States ranks 66th out of 98 countries in access to and affordability of civil legal services.

“In most countries, equality before the law means equality between those of high and low income,” remarked Earl Johnson Jr., a retired justice of the California Court of Appeal. “In this country for some reason we are concerned more with individuals versus government.”

With law school graduates hurting for work, it may appear that there is a glut of lawyers. But many experts say that is a misunderstanding.

“We don’t have an excess of lawyers,” said Martin Guggenheim, a law professor at New York University. “What we have is a miserable fit. In many areas like family and housing law, there is simply no private bar to go to. You couldn’t find a lawyer to help you even if you had the money because there isn’t a dime to be made in those cases.”

Even in situations where an individual is up against a state prosecutor and jail may result, not every jurisdiction provides lawyers to the defendants. In Georgia, those charged with failing to pay child support face a prosecutor and jail but are not supplied with a lawyer.

3 responses to “Gideon v. Wainwright 50 years later”

  1. Adam7 says :

    The Sixth Amendment explicitly refers to “criminal prosecution.” The Gideon decision is also clearly limited to “criminal trial[s].” The problem of poor people being deprived of counsel in civil matters needs to be addressed as a social issue, not a constitutional one. There is no constitutional right to a lawyer for a civil case.

  2. Christina4 says :

    I do think it is unfair to only apply the right to counsel to criminal cases
    and overall creates an even larger gap in the legal equality of the wealthy v the poor defendants. It makes my liberal heart bleed. Civil and criminal courts are based in an ADVERSARIAL system. Denying court appointed legal counsel in civil trials only weakens that system we’ve established. I do think though this will be addressed as it has been and in a social manner until the Supreme Court justices feel like having some fun with judicial activism (but i don’t think I would complain if they did) .

  3. AkhilP7 says :

    As Adam has already stated, the Constitution specifically refers to criminal trials. Therefore this issue is not constitutional. But is a human rights issue as the Universal Declaration of Human Rights deems. In article 11, it is clearly stated that no person can be jailed without “all the guarantees necessary for his defense.” Obviously that would entail a right to an attorney. Such a change, however, requires enforcement, which is hardly present since the UDHR was created in 1948 with the United States as one of the major authors. The irony.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: