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About Gideon

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On March 18, 2003, America will commemorate the 40th anniversary of the landmark U.S. Supreme Court decision in Gideon v. Wainwright, in which a poor Florida prison inmate caused the single biggest change in the history of the U.S. criminal justice system. The Gideon decision guaranteed assistance of counsel to all persons facing imprisonment. The promise of Gideon goes unfulfilled for many, however, as appointed lawyers often do not have the resources necessary to provide competent representation. This Web site provides information about the groundbreaking Gideon decision, the role of counsel in ensuring fair justice systems, and the important work that remains to be done in order to truly fulfill the promise of Gideon.


Gideon v. Wainwright Historical Documents Resources Lesson Plan

Articles & Speeches Links



"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of any country. A calm, dispassionate recognition of the rights of the accused and even of the convicted criminal, ...[and] the treatment of crime and the criminal mark and measure the stored-up strength of a nation, and are the sign and proof of the living virtue within it." - Winston Churchill


If you have materials to contribute or questions about this site, contact Calli Schiller (calli@nacdl.org/202-872-8600 x 255).


GIDEON at 40:
FACING the CRISIS,
FULFILLING the PROMISE
was presented by NACDL, NLADA, and Arnold & Porter on March 18, 2003, at the Georgetown University Law Center in Washington, DC.

Read a summary of the March 18th Symposium from the Georgetown Law Weekly: Top legal minds discuss the problems and the unfulfilled promise of Gideon.

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Gideon Day
Several states, counties, and cities around the country have declared March 18th "Gideon Day." These proclamations follow. NLADA has information on their web site, including a Model Proclamation, to assist you in lobbying policy-makers in your state or city/county to make March 18 "Gideon Day." (Click here.) If your state or local goverment has made such a proclamation, be sure to let us know about it.

California:
Alameda County

Marin County

Sacramento County (Related: Press Release)

Ventura County (Related: Ventura Co.
Star op-ed and news article, and 'Spotlight' on Public Defender Kenneth Clayman)

Yolo County (Related: Daily Democrat
article and Davis Enterprise article)

CDPA Press Release
    Connecticut:
    Gov. Rowland's Proclamation (Related: Letter from Sen. Lieberman)

    Iowa:
    Gov. Vilsack's Proclamation (Related: Press Release)

    City of Fort Madison
      Kentucky:
      House Resolution 111

      Washington:
      Gov. Locke's proclamation

      Wyoming:
      Gov. Freudenthal's proclamation (Related:Casper Star-Tribune article)
        Gideon Events
        across the country
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        Click for events in DC/FL/KY/MD/NY/TN/VA/WA
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        Know of another event commemorating the Gideon decision and celebrating the right to counsel? Click here to let us know about the event so we can spread the news.
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        The Maryland Public Defender Association recently held an essay contest for high school students to commemorate the Gideon decision. Click here for details. Click here to read the first, second, and third prize essays.
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        The KY Department of Public Advocacy has created a play with the Kentucky History Center to commemorate the Gideon anniversary. Entitled If Not Us, Then Who?, they are encouraging schools to observe National Law Day through this performance which is based on the Supreme Court decision in Gideon v. Wainwright. The 15-minute-long production is produced in association with the KY Department of Public Advocacy and is intended for high-school and adult audiences. (Script available here.) This play was performed at the History Center on May 2, 2003, and prior to Anthony Lewis' presentation at the Kentucky Bar Association Conference on June 12, 2003. For details, click here.

        The KY Department of Public Advocacy also sponsored Gideon at 40: A Promise within Reach on March 27, 2003, in Frankfort, KY. Members of the entire Kentucky criminal justice community and others interested in the representation of those unable to afford an attorney attended a day-long brainstorming meeting to discuss the future of indigent defense in Kentucky. Contact Patti Heying, (502) 564-8006 ext 236 or pheying@mail.pa.state.ky.us, for information. Read Commonwealth Atty. George Moore's remarks at the celebration.
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        The New York State Defenders Association Gideon Coalition held its annual Gideon Day celebration on March 18, 2003. Information on their program available here:

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        The Florida Association of Criminal Defense Lawyers held a celebration of the birth of the constitutional right to counsel on March 18, 2003, in Miami. Click here for more information.

        The Palm Beach County (FL) Public Defenders Office marked the Gideon anniversary with a week of education, public outreach, and celebration, including an essay contest, public service announcements, advertisements in local papers, presentations at schools and community organizations, and an open house at the PD office. The week culminated with an event the evening of March 20, 2003, which included the presentation of their 1st Annual Gideon Award and the keynote address by Richard Burr, former Palm Beach County assistant public defender and member of the Timothy McVeigh defense team. For more information contact Jennifer Loyless, (561) 355-7604.
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        The Knox County (TN) Public Defenders Office, in conjunction with UT Law School, Criminal Justice Institute at Harvard, Malcomb Weiner Center at JFK School of Government, and BJA, hosted a two-day Gideon celebration in Knoxville, TN, March 28 & 29. Click here for details.
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        The Public Defender Service for the District of Columbia held an essay competition in celebration of the Gideon v. Wainwright anniversary. Senior public high school students in the District of Columbia were eligible to enter and monetary prizes were awarded to the first, second, and third place winners. Click here for details.
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        The Virginia Indigent Defense Coalition issued a Virginia Indigent Defense Report Card on March 19, 2003, during a news conference at the Virginia State Capitol. For more information, contact Betsy Edwards at (804) 343-1712 or bedwards@vidcoalition.org.
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      Sample Speeches &
      Op-Eds Talking Points
      Guides for Speaking to Classes
      Contact Civic Organizations
      Law Review Articles
      • 1999 Symposium, "Gideon: A Generation Later," 58 Md. L. Rev. 1333 (1999).
      • "Conference on the 30th Anniversary of the United States Supreme Court Decision in Gideon v. Wainwright: Gideon and the Public Service Role of Lawyers in Advancing Equal Justice," 43 Am. U. L. Rev. 1 (1993).
      • "Gideon's Promise Unfulfilled: The Need for Litigated Reform of Indigent Defense," 113 Harv. L. Rev. 2062 (2000).
      • Thomas F. Liotti, "Does Gideon Still Make a Difference?" 2 NY City L. Rev. 105 (1998).


      If you have op-eds, speeches, or other materials to contribute, email them to calli@nacdl.org. Thanks!


      NACDL Right to Counsel Lesson Plan

      NACDL's lesson plan on the right to counsel -- Gideon at 40: Understanding the Right to Counsel -- is available on this website in PDF format by clicking the link above. This lesson plan is intended to be used throughout 2003 in high school history, civics, government, and social studies classes to commemorate the 40th anniversary of the United States Supreme Court's landmark decision in Gideon v. Wainwright. The Gideon decison mandated that all persons accused of a felony have the right to counsel, regardless of the ability to hire a lawyer.

      For questions, comments, or a printed copy of the lesson, contact Kate Jones, NACDL Indigent Defense Counsel, at (202) 872-8600 x224 or kate@nacdl.org. NACDL will also assist teachers with finding a criminal defense attorney to be a guest speaker in the classroom.

      The publication of this lesson plan was made possible in part through a generous contribution from the Washington, DC law firm of Manatt, Phelps, & Phillips, LLP. Distribution of this lesson plan was made possible in part through a generous grant from the law firm of McKenna Long & Aldridge, LLP.


      If you are unable to open the lesson plan, you must download Adobe Acrobat Reader. You can do this for free by clicking on the logo above. If you still have problems downloading or printing, please call Mary Schmid at 202-872-8600 x 255 to have a copy faxed to you and to be put on the mailing list to receive a hard copy.

      Lesson Plan Feedback

      We're very interested in your opinion about our right to counsel lesson plan. If you are a teacher, attorney, or someone who taught or distributed the lesson, please take a few seconds to complete our online lesson plan questionnaire. Thanks!

      Other Right to Counsel Resources for Teachers

      Beyond the Right to Counsel:
      Bill of Rights Resources for Teachers

      Lesson Plan Ideas

      If you have materials that you think other teachers could use, email them to calli@nacdl.org. Thanks!



      January/February 2003 Champion
      Special Commemorative Edition










      President's Column
      Most of the writers who precede me in this issue
      bemoan the abandonment of the promise of Gideon. more

      From the Publisher
      Prior to Gideon v. Wainwright, indigent persons
      accused of crime could be sent to prison without representation. more

      Indigent Defense
      NACDL has made it a priority to help improve ailing
      indigent defense systems across the country. more

      Right to Counsel Matters
      by Kate Jones, NACDL Indigent Defense Counsel
      In considering the significance of the 40th anniversary of Gideon v. Wainwright, an essential question looms: Why do we care that every American have the right to counsel when charged with a crime? more

      The Innocence Protection Act
      by Kyle O'Dowd, NACDL Legislative Director
      As highlighted in Senator Edward M. Kennedy’s article, the Innocence Protection Act (IPA) is the leading federal bill addressing systemic failures to comply with Gideon and its progeny. more

      Remembering Abe Fortas and Hugo Black by Abe Krash
      The principal architects of the Supreme Court’s landmark decision in Gideon v.Wainwright were Abe Fortas, a brilliant advocate, and Hugo Black, a great jurist. more

      An Update: Reflections on the Fortieth
      Anniversary of Gideon by Abe Krash
      On the 40th anniversary of the decision, I believe we should focus on the ways in which the great principle of Gideon has not been fulfilled. more

      The Vindication of Hugo Black by Gerald F. Uelmen
      Too often we assume we delivered on the right to counsel by just giving the defendant a lawyer - any lawyer - to stand or sleep at his side and whisper some assurances in his ear before he pleads guilty. more

      Why Gideon Mattered to Hugo Black by Larry Hammond
      Gideon mattered to Hugo Black maybe more than any case he authored in the last decade of his more than 33-year tenure on the Supreme Court. more

      Competent Counsel with Adequate Resources
      by Anthony Lewis
      There could hardly be anything more familiar to criminal defense lawyers than the story of Clarence Earl Gideon. more

      An Update: The Right to Counsel, More Important Today by Anthony Lewis
      In the four decades since Gideon v. Wainwright was decided, there has been no moment when the principle of the right to counsel seemed to me as important as it does today. more

      The Promise of Equal Justice
      by Senator Edward M. Kennedy
      "It is an obvious truth," Justice Hugo Black wrote, "that average citizens lack the legal skill to protect themselves when brought before a court with the power to take their life or liberty." more

      Trumpet or Kazoo? by John T. Phillipborn
      Before she left office, Attorney General Janet Reno said, "A competent lawyer will know how to conduct the necessary investigation so that an innocent client is not convicted. . . ." more

      Taking Alabama v. Shelton to Heart by Cait Clarke
      I recently picked up the popular self-help book, Don’t Sweat the Small Stuff and It’s All Small Stuff by Dr. Richard Carlson more

      The ABA's 'Ten Principles' Ensure Proper Legal Representation by Shubhangi Deoras
      The 40th Anniversary of Gideon v. Wainwright serves as both cause for celebration and a fitting opportunity to reflect upon the current health of our nation’s indigent defense systems. more

      In Appreciation of the ABA's Gideon Efforts
      by Robert L. Spangenberg
      I graduated from law school in 1961, two years before the United States Supreme Court decided Gideon v. Wainwright. more

      Gideon's Promise and the Innocent Defendant
      by Barry C. Scheck and Sarah L. Tofte
      In America today you are better off being rich, white, and guilty than poor, black, and innocent. —Conventional wisdom, 2003 more

      Small-town Florida 1963: Time it was and what a time it was... by Milton Hirsch
      It was August 1963, and readers of the Panama City News or the Panama City Herald could scarcely help but feel a sense of civic pride. more

      Gideon and the short happy life of California's Public Defender Office by Charles M. Sevilla
      Gideon’s guarantee of the right to counsel reminded me of what President Andrew Jackson said of another Supreme Court decision. more

      No Right to Counsel in Tribal Prosecutions
      by John M. Sands
      It will probably surprise you to know that a defendant in this country can still face a criminal charge, with loss of liberty, without the right to counsel. more

      We Support Gideon because it is Fair by Peter Loge
      Like most boys around my age (I’m in my late 30s) I learned about Gideon v. Wainwright long after I learned what it does. more

      Gideon Belongs to the Community in Virginia
      by James Hingeley
      With its customary deliberate speed, Virginia waited until 1972 to start shifting from assigned counsel to a public defender system to carry out the Gideon mandate. more

      Gideon's Promise: The Texas Story by Senator Rodney Ellis & Hanna Liebman Dershowitz
      As the United States is about to celebrate the fortieth anniversary of Gideon v. Wainwright, the state of Texas is nearing the first anniversary of the Fair Defense Act. more

      The Right to a Lawyer by Judge Jeffrey A. Manning
      Occasionally we need to remind ourselves of why we do certain things we do. more

      Turning Celebrated Principles Into Reality
      by Stephen B. Bright
      No constitutional right is celebrated so much in the abstract and observed so little in reality as the right to counsel. more

      Gideon's Trumpet: The Clarion Call for Justice
      by Stephen Glassroth
      For more than a dozen years, Clarence Earl Gideon lay buried in a nondescript, unmarked grave in Hannibal, Missouri. more

      A Gideon Moment
      A monthly Champion column in 2003
      Past Gideon-related
      Champion Articles




      National Association of Criminal Defense Lawyers (NACDL)
      1660 L St., NW, 12th Floor, Washington, DC 20036
      (202) 872-8600 • Fax (202) 872-8690 • assist@nacdl.org