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.