Page 53 - Ad Hoc Report June 2018
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 or incompetent because it persuaded him (the judge) to decide thus- and-so adversely to the accused.20
Up until the early 1960s, assigned counsel were obliged to use their own resources to pay for all expenses, experts, and other assistance. Then in 1963, a district court in Alabama found such a burden ultimately denied defendants a full-throated defense. The court ruled that the Sixth Amendment right to effective representation necessitated that appointed counsel be reimbursed for their expens- es.21 This ruling would later be cited by Attorney General Robert F. Kennedy in his request to Congress to address through legislation the federal government’s Sixth Amendment responsibilities.22
Also in 1963 the Supreme Court decided Gideon v. Wainwright,23 establishing the right to counsel for all persons charged with a felony-level offense. Clarence Earl Gideon was charged with larceny for breaking into a Florida pool hall. Though Mr. Gideon insisted he had the right to an attorney, he was denied one because Florida law at that time provided counsel only in capital cases. Despite his best efforts to mount a defense at trial, Mr. Gideon was convicted on a single piece of circum- stantial testimony. Though he had only an eighth grade education, Mr. Gideon personally hand wrote his petition to the Supreme Court requesting they hear his case. In this landmark ruling, the Court held that the right to an attorney in all state criminal proceedings was an essential liberty under the Constitution’s Fourteenth Amendment24 that guarantees equal protection and due process under the law.
Even after Gideon, the Supreme Court continued to make clear that the Sixth Amendment granted not only a procedural right to counsel but also a substantive right to an independent and devoted advocate. Indeed, the “independence” of appointed counsel to act as an adversary is an “indispensable element” of “effec- tive representation.”25 The state that appoints counsel has a “constitutional obli- gation to respect the professional independence of the public defenders whom it engages,” as “a defense lawyer best serves the public not by acting on the State’s behalf or in concert with it, but rather by advancing the undivided interests of the client.”26 In Polk County v. Dodson, the Court ruled that once counsel is appointed,
20 Mitchellv.UnitedStates,259F.2d787,793(D.C.Cir.1958).
21 UnitedStatesv.Germany,32F.R.D.343,344(M.D.Ala.1963).
22 CriminalJusticeAct:HearingsBeforetheSubcomm.No.5oftheHouseComm.OntheJudiciary, 88th Cong., 29, 44–45 (1963).
23 372U.S.335(1963).
24 U.S.Const.amend.XIV,Section1,“NoStateshallmakeorenforceanylawwhichshallabridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protections of the laws.” The Sixth Amendment right is considered so fundamental that
it is “incorporated” under the Fourteenth Amendment, and thus protects both federal and state defendants.
25 Ferriv.Ackerman,44U.S.193(1979).
26 PolkCountyv.Dodson,454U.S.312(1981).
No recommendation presented herein represents
the policy of the Judicial Conference of the United 2 0 1 7 R E P O R T O F T H E A D H O C C O M M I T T E E T O R E V I E W T H E C R I M I N A L J U S T I C E A C T 9
 States unless approved by the Conference itself.
 



















































































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