A teenager’s right to court appointed counsel

Today, March 18, 2013, marks the 50th anniversary of Gideon v. Wainwright.* The unanimous (9 to 0) decision by the Supreme Court reversed one of their earlier decisions (Betts v. Brady, 1942) and declared that “lawyers in criminal courts are necessities, not luxuries.” Since Gideon involved an adult charged with a crime, the Court extended the right to counsel to juveniles charged with delinquent acts four years later in the famous In re Gault decision.

In Gideon, the Court found that the Sixth Amendment’s guarantee of counsel was a fundamental right, essential to a fair trial, which should be made applicable to the states.  Justice Hugo Black wrote the opinion for the Court and called it an “obvious truth” that a fair trial for a poor defendant could not be guaranteed without the assistance of counsel.

Clarence Gideon

In 1961, Clarence Gideon was charged in a Florida state court with breaking into a poolroom with the intent to steal wine and money. Appearing in court without a lawyer or any money, he asked the judge to appoint him a lawyer. The judge explained that court appointed lawyers were available in capital cases only and denied his request. Gideon represented himself at trial and the jury found him guilty. He was sentenced to five years in prison.

On appeal, the Supreme Court reversed Gideon’s conviction and sent the case back to the trial court. He was retried a few months after the Supreme Court’s decision and, after an hour of deliberation, the jury found him not guilty. He was released from custody and died of cancer at age 61 in 1972.

In 1967, the Supreme Court stated the following in the Gault case regarding a juvenile’s right to counsel when charged with a crime:

“The juvenile needs the assistance of counsel to cope with problems of law, to make skilled inquiry into the facts, to insist upon regularity of the proceedings, and to ascertain whether he has a defense and to prepare and submit it. The child requires the guiding hand of counsel at every step in the proceedings against him.”

For a video study of the case, take a look at “Gideon’s Trumpet,” a 1980 movie starring Henry Fonda, Jose Ferrer and John Houseman.

*Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792 (March 18, 1963).