Gideon Day
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Gideon v. Wainwright_____

Clarence Earl Gideon — an uneducated, 51-year-old man — told a Florida judge in 1961 that the United States Constitution guaranteed him a lawyer when the state charged him with a felony. In 1963 the US Supreme Court agreed. The Court recognized that without counsel even an intelligent and educated person may be put on trial without a proper charge, or convicted upon incompetent evidence. The court said that anyone facing criminal proceedings "requires the guiding hand of counsel at every step." Gideon v Wainwright, 372 US 335 (1963). Read the complete set of motions and oral arguments by visiting Gideon v. Wainwright Pleadings (NACDL).

Gideon Day—New York

Gideon Day, March 6, 2007

    Articles

    • Legal Groups Call for Indigent Defense Reforms in NY, Daily Record (NY), March 8, 2007
    • Lawyers, Defense Groups Call for Implementation of Recommendations of Judge Kaye's Commission on the Future of Indigent Defense , Empire Information Service (NY), March 6, 2007

Gideon Day, March 15, 2005

Gideon Day, March 16, 2004

In New York, the Gideon Coalition held events on March 18, 2003 to commemorate the 40th Anniversary of Gideon v Wainwright, 372 US 335 (1963) and to underscore continuing problems in the provision of indigent defense services.

    Articles

    • Appointed Lawyers Seeking a Pay Raise From NY, Rochester Democrat and Chronicle (NY), March 18, 2003
    • Remarks by Park Jogger Defendant Highlight Anniversary of Gideon, New York Law Journal (NY), March 18, 2003
    • NYSBA Presses for Assigned Counsel Fee, NYSBA Press Release (NY), March 17, 2003
    • Gideon's Plea, New York Law Journal (NY), March 17, 2003 (Ray Kelly)
    • Gideon Inspires Debate on Counsel Fees, New York Law Journal (NY), March 17, 2003

Client-Defender Speak Out (March 18th, 2003,Albany, NY)

Note: The links to the speakers below are video clips saved in RealMedia format and are quite large. File sizes are noted at the end of each link. Be aware that download times for dial-up modem users will be lengthy. Note, also, that these files arenot streaming video, so downloading them would be the best method of viewing them. If your browser does not download a file when the link is clicked on, in Windows you may save it by right-clicking the link and selecting "Save As" from the pop-up (context) menu. You should then be able to select a folder on your computer to copy it to and start the download.

NOTE: These video/audio files require RealOne Player on your system to be viewed. Click here to go to their website to download the free player.

 

Gideon Day—Outside New York

Around the country, events were held on March 18, 2003 marking the 40th Anniversary of Gideon v Wainwright, 372 US 335 (1963). Some states issued proclamations recognizing Gideon Day, while advocates highlighted ongoing problems with indigent defense services, such as inadequate funding and excessive caseloads.

 

Legislative Action

Senate Bill to Establish New York State Public Defense Commission S1894 (2003). In our current public defense system, eligible clients go without representation, cases stagnate because there are not enough public defense lawyers, and lawyers lack time and money to properly prepare their clients' cases. Identical Senate and Assembly bills (S.1894 and A.5394) address this crisis in the State's provision of publicly funded legal representation in criminal cases and family court matters. This legislation, introduced in the New York State Legislature in February 2003, will improve fairness in the State's legal system and provide local fiscal relief. The bills:

  • Establish a public benefit corporation to serve as the public defense commission;
  • Raise assigned counsel fees to $75.00 per hour and index them to increases in the cost of living;
  • Provide state aid to counties to help them run their public defense systems;
  • Create a nominating committee designed to assure the independence of the commission;
  • Make the commission a conduit for state funding to all types of public defense systems (assigned counsel, public defender, and legal aid);
  • Make it the commission's duty to establish and monitor standards to ensure quality representation.

 

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nysda.org was last updated Tuesday, January 22nd, 2008

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