Fifty years ago on March 18, 1963, the U.S. Supreme Court issued its landmark decision Gideon v. Wainwright, establishing that people accused of crimes have the right to a lawyer regardless of their ability to pay.
The ruling fundamentally transformed the criminal justice system in America. But to lawyers who represent the poor, there’s little cause for celebration. "Sackcloth and ashes" is a more apt commemoration, said Stephen Bright, president of the Southern Center for Human Rights, which represents people facing the death penalty and advocates for indigent defense reform. Within the criminal defense bar, there is widespread agreement that Gideon‘s lofty promise has gone unfulfilled. The high court in a unanimous decision found that "lawyers in criminal courts are necessities, not luxuries." If a person facing a felony charge is too poor to hire a lawyer, the court ruled, the government is obligated to provide one for free. Subsequent decisions expanded the right to juvenile proceedings and certain misdemeanors.
