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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
TitlePublicationDatesort icon
A pre- and post-Katrina Report on Indigent Defense in New Orleans03/01/2006
Povery Keeps Woman JailedAtlanta Joural Constitution09/19/2006
SCHR Sheds Light on Corrupt Private Probation Companies with New Report10/17/2008
State Retools Maligned Public Defender SystemAtlanta Journal Constitution01/16/2009
Lawsuit Filed on Behalf of Hundreds of Poor People Without LawyersSCHR Press Release04/07/2009
Dozens of poor defendants still without lawyersAssociated Press09/03/2009
Cases Pile Up in Georgia Courts: Budget Squeeze Forces Cuts in Spending for Judiciary, Creating Months-Long DelaysWall Street Journal09/08/2009
Stephen B. Bright Testifies on Need for Competent Counsel in US House of Representatives09/20/2009
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
SCHR Files Amicus Brief in Georgia Supreme Court Challenge to For-Profit Probation Companies and $50 Public Defender Fee09/24/2009
SCHR Argues that Denial of Counsel for Over Two Years in Death Penalty Case Prevents Fair Trial11/10/2009
State inmates waiting years for lawyers to file their appeals, suit saysThe Atlanta Journal Constitution12/12/2009
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
Indigent inmates sue over backlog; Potential class action says nearly 200 indigent defense council clients lack appeal lawyers Fulton County Daily Report12/16/2009
PRESS RELEASE: Hearing in Lawsuit on Behalf of Hundreds without Lawyers Seeking Appeals02/04/2010
Judge Orders Georgia to Provide Lawyers for Inmates Seeking Appeals 02/23/2010
PRESS ADVISORY: Hearing this Thursday for SCHR’s Northern Circuit Indigent Defense Lawsuit 03/01/2010
Judge testifies in class-action suit from unrepresented indigent defendantsAtlanta Journal Constitution03/03/2010
SCHR Settles Lawsuit Filed on Behalf of Hundreds of Poor People without Lawyers07/09/2010
SCHR Files Amicus Brief on Behalf of Georgia Man Denied Right to Speedy Trial in Misdemeanor Case07/13/2010
Former Chief Justice Fletcher: Right to Counsel is a Matter of Fulfilling Constitutional Requirements Rome News-Tribune07/17/2010
Georgia Does "Serious and Unprecedented Violence to the Right to Counsel," US Supreme Court Told07/23/2010
SCHR Attorney Lauren Sudeall Lucas Recognized as a Lawyer "On the Rise" by the Fulton County Daily Report08/16/2010
Behind the flurry of judges' resignationsFulton County Daily Report08/19/2010