Public Defense Week: A tribute to Clarence Gideon

We owe our American ideal of public defense to an aging drifter and a brilliant lawyer from Memphis

This week, our office and defender systems across the country celebrated Public Defense Week in collaboration with the National Association for Public Defense. Each day this week, we focused on a vital issue our public defenders and clients face: excessive bail, fines & fees; abolishing the death penalty; racial injustice & implicit bias and juvenile justice. All of this leading up to today — the anniversary of the Gideon v Wainwright (1963) decision.
 
Beginning at age 16, Clarence Earl Gideon spent much of his life in and out of prison for thefts, burglaries and robberies. In fact, his first experience with incarceration came by way of his mother, who hauled him into a Hannibal, Missouri jail for running away from home. Throughout his 61 years, Gideon would serve time in Missouri, Kansas and Texas prisons. His final, and what would become, pivotal brush with the law was a 1961 arrest for allegedly breaking into the vending machines in a Panama City, Florida, pool hall.
 
Gideon claimed innocence and asked for a court-appointed attorney. The judge denied his request, citing state law, which only allowed for court-appointed counsel in capital cases. So Gideon, a high school dropout, was left to defend himself. Not surprisingly, he was found guilty and sentenced to five years in prison. Determined, Gideon filed a habeus corpus petition with the Florida Supreme Court claiming the lack of a court advocate was unconstitutional. The Florida court denied his petition, but the U.S. Supreme Court eventually reviewed it.
 
Justice Abe Fortas

In 1963, Memphian Abe Fortas and a team of highly respected lawyers argued Clarence Gideon’s case, and the court issued a unanimous decision finding that his conviction was unconstitutional. The Court held that the Sixth Amendment provides the right to appointed counsel in state felony cases. The Court further held that providing counsel for indigent defendants is an essential element of a “fair trial” and that because of the Fourteenth Amendment, the states are responsible for meeting this mandate.

Clarence Gideon was eventually given appointed counsel on the original charges and was acquitted.
 
March 18th, 2017 marks the 54th Anniversary of Gideon vs Wainwright (1963).
 
But the legacy of Gideon stands on uneven ground in Shelby County and throughout this country. The Shelby County Public Defender system and many across the U.S. are underfunded and overflowing with poor clients. It is a scenario too often thrust upon the backs of the poor and uneducated – the Clarence Earl Gideons of today.
 
You may never need the help of a public defender, but the safety of our community and, certainly, the health of our democracy, depends on everyone, regardless of income, receiving a fair shake in the courtroom.
 
Read more about the Gideon case and its ties to Memphis here:
 
 
 
You can see how public defenders across the country celebrated public defense and shined a light on issues facing defenders and their clients by looking at these hashtags on Facebook and Twitter #DefendGideon #TippingtheScales #CelebratePublicDefense
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Public Defenders Join to Focus on Implicit Bias and Racial Injustice

Each day this week, defenders across the country honor Public Defense Week by looking at an issue that affects our clients.

Public Defenders are on the front lines of today’s greatest civil rights struggles. Race permeates every aspect of our criminal justice system. Even computer algorithms used in risk assessments are known to be programmed with racial biases. According to the Bureau of Justice Statistics, police are three times as likely to search the cars of stopped black drivers than stopped white drivers. Black drivers are also more likely to be pulled over and less likely to receive a reason for being stopped.
 
People of color are disproportionately likely to be incarcerated: one out of every twenty-nine black adult women and men are currently incarcerated compared with only one out of every 194 whites men and women. When incarcerated, people of color continue to be discriminated against. In fact, an investigation into New York State Prisons showed that black inmates were punished at significantly higher rates than white inmates, and are sent to solitary confinement more often and for longer
 
Most U.S. states restrict the voting rights of citizens convicted of crimes. Since black Americans are overrepresented in the criminal justice system, voter disenfranchisement has a disproportionate effect on the black population.
 
Every day, public defenders work to mitigate racial inequity in the system. But they can’t do it alone. Support public defense and reform of the criminal justice of system at the local, state and federal level.
 
This week, help us as we join defenders across the country, in collaboration with National Association for Public Defense to raise awareness as we celebrate Public Defense Week March 13-18. Follow the hashtags #DefendGideon #TippingtheScales #CelebratePublicDefense on Facebook and Twitter and share. Each day, we’ll focus on a vital issue facing public defenders and staff, but most importantly, our clients. The week will culminate on Saturday, March 18th as we celebrate the anniversary of Gideon v Wainwright (1963) the Supreme Court decision that established public defense systems across the country.
 
And all this year – we’ll be celebrating the 100th year of public defense in Shelby County. Watch this video to see the amazing story of how the case of a black man, wrongly accused of killing a white woman, sparked the creation of the 3rd old public defense system in the country. 
 
RESOURCES ABOUT IMPLICIT BIAS/RACIAL INEQUITY IN THE CRIMINAL JUSTICE SYSTEM:
 
 
The Impact of Implicit Racial Bias on the Exercise of Prosecutorial Discretion | Seattle University Law Review  
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Public Defenders Join Across the Country to Honor Gideon Legacy

Each day this week we highlight a vital issue our public defenders and clients face. Today, we look at excessive bail, fines and fees.

Every day public defenders fight to help clients avoid burdensome fines that trap them in the cycle of poverty. The system of fee collection targets those who can least afford it. Our clients are the 56.3% of Americans who have less than $1,000 in their checking and savings accounts combined and the 63% of Americans who don’t have enough to cover a $500 emergency. Former Attorney General Loretta Lynch once said that excessive bail, fines and fees, “amount to nothing less than the criminalization of poverty.”
 
Public Defenders fight mass incarceration with each case starting with their bail applications. Three-fifths of the people in jail are there because they are too poor to post bail. People held in jail awaiting trial are likely to lose family, jobs, and are more likely to get a prison sentence if convicted and more likely to re-offend. We spend $85/inmate/day or $38 million in total per day, or $14 billion annually to jail people who are waiting to resolve their criminal cases
 
Debtors’ prisons are real. Public Defenders are fighting them.
 
Join us this week as we #CelebratePublicDefense in the week leading up to the Supreme Court decision Gideon v Wainwright (1963). Each day, our office and defenders across the country in collaboration with National Association for Public Defense will highlight a vital issue that affects our office and our clients. Today, we look at excessive bail, fines and fees.
 
Follow these hashtags on Twitter to read more from our office and more around the country #TippingtheScales #DefendGideon #CelebratePublicDefense
 
See what is happening in Memphis and across Tennessee to change this system: