WHEREAS, In 1961 an obscure, penniless drifter was criminally
charged with breaking into the Bay Harbor Poolroom in Panama City,
Florida, and stealing approximately $65 in change, 12 beers, 12 Coca-Colas, and four fifths of wine; and
WHEREAS, The trial court denied the indigent man's request for a
lawyer to help him defend against the felony charges and convicted and
sentenced Clarence Earl Gideon to five years in state prison, and the
Florida Supreme Court declined his appeal; and
WHEREAS, From prison, again without a lawyer, Mr. Gideon mailed the
United States Supreme Court a humble, hand-printed petition asking the
High Court to find that he was deprived of a fair trial because he was
denied assistance of legal counsel; and
WHEREAS, Washington State, whose State Constitution guarantees the
right to counsel in Article 1, Section 22, was among 22 states that
submitted amicus curiae briefs supporting Mr. Gideon's right to a
court-appointed lawyer; and
WHEREAS, 50 years ago, in March 1963, the United States Supreme
Court announced a unanimous decision in Gideon v. Wainwright,
establishing as the law of the land that the United States
Constitution's Sixth Amendment guarantee of legal counsel is a
fundamental right of all persons, essential to a fair trial, and is
applied to the states through the due process requirements of the
Fourteenth Amendment; and
WHEREAS, As Justice Hugo Black wrote for the court, "The right of
one charged with crime to counsel may not be deemed fundamental and
essential to fair trials in some countries, but it is in ours"; and
WHEREAS, As a result of the ruling, the state of Florida granted
Mr. Gideon a new trial in August 1963, where a court-appointed lawyer
was able to present crucial evidence and the jury found Mr. Gideon not
guilty; and
WHEREAS, Subsequent United States and Washington Supreme Court
rulings have maintained the right to counsel, and have held that the
right to counsel means the right to competent, effective counsel; and
WHEREAS, Although the functions of the three branches of Washington
State Government differ, they complement one another in regards to the
pursuit of justice: Their purpose is to assure the fair and impartial
trial of those accused of crime, whether the result be conviction or
acquittal;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate
commemorate the March 18 anniversary of Gideon v. Wainwright, marking
a significant step toward ensuring that in America, regardless of
material wealth or personal privilege, all persons facing the
deprivation of liberty at the hands of the government are guaranteed
due process and the right to effective assistance of counsel to defend
themselves.