Indigent Defense

The Supreme Court in Gideon v. Wainwright required states to provide
assistance of counsel to people facing criminal charge, but Gideon's
sweeping mandate has remained little more than a paper victory in many
parts of the country, particularly in the Deep South. People who
cannot afford a lawyer are often processed through Southern courts
in assembly-line fashion in violation of this fundamental right.

When the local or state government fails to comply with Gideon's mandate, the lack of a functional indigent defense system compromises the entire judicial system. As an adversarial system of justice, our criminal justice system relies on competent defense counsel to challenge the evidence and vigorously defend the person accused. Without such a defense, there is no fair trial.

To enforce the right to counsel, SCHR has brought class action lawsuits, issued investigative reports, and advocated for legislative reforms.

Resources
Title Publication Date of Publicationsort icon
The Quality Of A Legal Defense: Does It Matter If You're Rich Or Poor? KPBS Public Broadcasting 01/16/2012
SCHR Settles Indigent Defense Class Action Lawsuit Against State of Georgia 12/16/2011
State agrees to bolster public defender system Atlanta Journal-Constitution 12/16/2011
Indigent attorney system goes on trial Fulton County Daily Report 12/08/2011
SCHR Report Details Georgia Criminal Justice Reform Priorities 10/21/2011
Greater Role for US Department of Justice in Insuring Right to Counsel Advocated American Constitution Society for Law and Policy Blog 10/12/2010
Overcoming Defiance of the Constitution: The Need for a Federal Role in Protecting the Right to Counsel in Georgia American Constitution Society for Law and Policy 09/29/2010
Behind the flurry of judges' resignations Fulton County Daily Report 08/19/2010
SCHR Attorney Lauren Sudeall Lucas Recognized as a Lawyer "On the Rise" by the Fulton County Daily Report 08/16/2010
US Supreme Court declines review of Georgia's "Serious and Unprecedented Violence to the Right to Counsel" 07/23/2010
Former Chief Justice Fletcher: Right to Counsel is a Matter of Fulfilling Constitutional Requirements Rome News-Tribune 07/17/2010
SCHR Files Amicus Brief on Behalf of Georgia Man Denied Right to Speedy Trial in Misdemeanor Case 07/13/2010
SCHR Settles Lawsuit Filed on Behalf of Hundreds of Poor People without Lawyers 07/09/2010
Judge testifies in class-action suit from unrepresented indigent defendants Atlanta Journal Constitution 03/03/2010
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 Appeals 02/04/2010
Indigent inmates sue over backlog; Potential class action says nearly 200 indigent defense council clients lack appeal lawyers Fulton County Daily Report 12/16/2009
Lawsuit Filed to Secure Lawyers for Poor People Seeking Appeals 12/15/2009
Ga. inmates say state fails to assign attorneys Associated Press 12/15/2009
State Slapped With Lawsuit Over Indigent Defense Georgia Public Broadcasting 12/15/2009
State inmates waiting years for lawyers to file their appeals, suit says The Atlanta Journal Constitution 12/12/2009
SCHR Argues that Denial of Counsel for Over Two Years in Death Penalty Case Prevents Fair Trial 11/10/2009
SCHR Files Amicus Brief in Georgia Supreme Court Challenge to For-Profit Probation Companies and $50 Public Defender Fee 09/24/2009
Justices Probe Right to Counsel; $50 fees paid by clients of public defenders, use of private probation also explored Fulton County Daily Report 09/23/2009
Stephen B. Bright Testifies on Need for Competent Counsel in US House of Representatives 09/20/2009
Cases Pile Up in Georgia Courts: Budget Squeeze Forces Cuts in Spending for Judiciary, Creating Months-Long Delays Wall Street Journal 09/08/2009
Dozens of poor defendants still without lawyers Associated Press 09/03/2009
Lawsuit Filed on Behalf of Hundreds of Poor People Without Lawyers SCHR Press Release 04/07/2009
State Retools Maligned Public Defender System Atlanta Journal Constitution 01/16/2009
SCHR Sheds Light on Corrupt Private Probation Companies with New Report 10/17/2008
Poverty Keeps Woman Jailed Atlanta Joural Constitution 09/19/2006
A pre- and post-Katrina Report on Indigent Defense in New Orleans 03/01/2006