Right to Counsel & Legal Services for the Poor The Facts 1. The Fifth Amendment says, "No person shall...be deprived of life, liberty, or property, without due process of law." 2. The Sixth Amendment says, "In all criminal prosecutions, the accused shall enjoy the right...to have the assistance of counsel for his defense." 3. The Fourteenth Amendment says, "no state shall... deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws." Criminal Cases Capital Cases 4. In Powell v. Alabama, 287 U.S. 45 (1932) the Court overturned the convictions of African-American defendants rushed to trial for capital offenses without a lawyer's help in their defense. The Court held that, under the Fourteenth Amendment, this violated their right to due process of law. Federal Criminal Cases 5. In Johnson v. Zerbst, 304 U.S. 458 (1938), The Supreme Court held that the Sixth Amendment required a lawyer to be appointed in all federal criminal cases. State Criminal Cases 6. In Gideon v. Wainwright, 372 U.S. 335 (1963), the Court extended the requirement of counsel for the accused to persons charged with a felony in state courts. The Court held that "the Sixth Amendment's guarantee of counsel is... one of those fundamental rights" protected by the due process clause of the Fourteenth Amendment. The Court explained that "any person...too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided to him." 7. In Argersinger v. Hamlin, 407 U.S. 25 (1972), the Court extended the right to counsel to misdemeanor cases that might result in a person found guilty serving time in prison. Right to a Lawyer Before Trial 8. Many cases deal with this right The famous case of Miranda v. Arizona, 384 U.S. 436 (1966), is largely about protection from self-incrimination, and the right to a lawyer included there is seen in that context. Miranda extended certain rights to suspects in custody: these included the right to remain silent, the right to be told that any statement made may be used against the accused person, the right to have an attorney present during questioning, and the right to have an attorney appointed before questioning if the accused person wants a lawyer and cannot afford one. Juvenile Proceedings 9. In re Gault, 387 U.S. 1 (1967), the Court extended the right to counsel to juveniles facing trial like court hearings in juvenile court. Civil Matters 10. Except for cases involving actual loss of liberty (i.e., commitment to a mental hospital), the Supreme Court has not recognized a constitutional right to a lawyer in civil cases. 11. Beginning in 1965 with the Office of Legal Services, and continuing to this day through the Legal Services Corporation, federal funding has supported the provision of some legal services to the poor. It is estimated that around 2400 offices in the country (with about 4800 lawyers and 2000 paralegals) are supported by the Legal Services Corporation. In addition, 130,000 lawyers take some pro bono or reduced-fee cases. Questions for Discussion Adequate funding of Public Defender Offices is a continuing problem. Given the sometimes severe financial limitations of these offices, which can lead to very large case loads, can we expect all public defenders offer effective assistance to their indigent clients? Should the right to counsel be extended to those who cannot afford counsel in civil matters? Who should be responsible for providing counsel to the indigent and working poor in civil cases the federal, state or local governments? The legal profession? Should every lawyer be required to donate a certain number of hours per year and/or contribute a certain amount of money to representing the poor in both civil and criminal matters? Should there be more ways for the poor and low-income individuals to resolve civil disputes without the services of a lawyer? Should law schools be required to provided clinical education providing counsel to indigent clients by law students in actual cases, under the supervision of law professors? Should all law students be required to participate in order to graduate? Speech Ideas/Talking Points Home | Tips on Volunteering Home