UNC Law School Professor Gene Nichol earlier this year at a Harvard symposium on the legacy of Gideon v. Wainwright and the state of funding for indigent defense blasted the legal system’s treatment of the poor.
Poor litigants, criminal or civil, more often than not are treated unequally before the law. “Despite our perpetual boasts, we turn out to be the effective adversary to equality; outposts, comforter, companion, and the better to marginalization,” Nichol said.
This year marks the 50th Anniversary of Gideon v. Wainwright, the landmark Supreme Court case that held the Sixth Amendment’s right to counsel means that criminal defendants have a constitutional right to counsel whether they can afford it or not. That case placed a mandate on the States to ensure that poor criminal defendants are provided legal representation. But as Nichol and others have noted, such as ACS’s Caroline Fredrickson, too many States have fallen woefully short of ensuring that poor criminal defendants have access to competent counsel.
In an interview earlier this year with ACSblog, Stephen Bright, head of the Southern Center for Human Rights, provided his thoughts, in some ways similar to Nichol’s, about the state of indigent defense. Like Nichol, Bright noted the nation’s and legal profession’s callousness toward the poor.
Bright (pictured) said, “One would think that if the court said this is what the Sixth Amendment to the Constitution of the United States, the right to counsel, that this is what it means – that the state has to provide a lawyer that the states would have done that. But Gideon has been treated as an unfunded mandate.”
So why have many States given short-shrift to funding of indigent defense services? Likely, Bright said, the answer lies with a society that has remained indifferent, at best, to poverty.
“When Robert F. Kennedy was attorney general, he said the poor person accused of a crime has no lobby,” Bright noted. “That’s exactly right. There’s no constituency.”