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Right to Counsel

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The right to a lawyer is the most basic constitutional right of a person charged with a crime, because the enforcement of all other rights depends upon it.

A person accused of a crime needs a lawyer to investigate charges, to present to the court any facts necessary for a fair and reliable determination of guilt or innocence, and, if the accused is found guilty, to present information relevant to sentencing.

Though the right to an attorney was established more than 40 years ago by the Supreme Court in Gideon v. Wainwright, inadequate legal representation for the poor continues to be the norm rather than the exception in too many parts of the South. Through litigation and advocacy, SCHR has sought to bring about the establishment of public defender programs that will provide quality legal representation to poor people accused of crimes. Additionally, the Southern Public Defender Training Center is a project of SCHR dedicated to building a community of committed, zealous, client-centered public defenders throughout the South.

Resources
NamePublicationDatesort icon
US Supreme Court Review Sought of Denial of Right to Counsel in Georgia Capital Case07/23/2010
SCHR Settles Lawsuit Filed on Behalf of Hundreds of Poor People without Lawyers07/09/2010
Judge testifies in class-action suit from unrepresented indigent defendantsAtlanta Journal Constitution03/03/2010
PRESS ADVISORY: Hearing this Thursday for SCHR’s Northern Circuit Indigent Defense Lawsuit 03/01/2010
Judge Orders Georgia to Provide Lawyers for Inmates Seeking Appeals 02/23/2010
PRESS RELEASE: Hearing in Lawsuit on Behalf of Hundreds without Lawyers Seeking Appeals02/04/2010
Indigent inmates sue over backlog; Potential class action says nearly 200 indigent defense council clients lack appeal lawyers Fulton County Daily Report12/16/2009
Lawsuit Filed to Secure Lawyers for Poor People Seeking Appeals12/15/2009
Ga. inmates say state fails to assign attorneysAssociated Press12/15/2009
State Slapped With Lawsuit Over Indigent DefenseGeorgia Public Broadcasting12/15/2009
State inmates waiting years for lawyers to file their appeals, suit saysThe Atlanta Journal Constitution12/12/2009
SCHR Argues that Denial of Counsel for Over Two Years in Death Penalty Case Prevents Fair Trial11/10/2009
SCHR Files Amicus Brief in Georgia Supreme Court Challenge to For-Profit Probation Companies and $50 Public Defender Fee09/24/2009
Justices Probe Right to Counsel; $50 fees paid by clients of public defenders, use of private probation also explored Fulton County Daily Report09/23/2009
Stephen B. Bright Testifies on Need for Competent Counsel in US House of Representatives09/20/2009
Cases Pile Up in Georgia Courts: Budget Squeeze Forces Cuts in Spending for Judiciary, Creating Months-Long DelaysWall Street Journal09/08/2009
Dozens of poor defendants still without lawyersAssociated Press09/03/2009
Turning Celebrated Principles into RealityThe Champion: National Association of Criminal Defense Lawyers01/15/2003