In 1963, the Supreme Court decided in Gideon v. Wainwright that, for criminal cases to be fair, defense lawyers are “necessities, not luxuries.” States must ensure that people who cannot afford defense lawyers are provided with them at government expense.
In collaboration with the U.S. Department of Justice’s Office for Access to Justice (ATJ), the National Institute of Justice (NIJ) sponsored a new report on contemporary public defense system models in recognition of the 60th anniversary of Gideon.
The report presents findings from a national scan of the models currently used for adult, trial-level, criminal cases in U.S. state, local, and tribal jurisdictions. The researchers find that 60 years on, whether Gideon has been fulfilled is, at best, an open question in most state and local criminal courts.
American Indians who face prosecution in tribal courts, which operate under separate mandates from those for U.S. federal, state, and local courts, have no right to counsel provided at the tribe’s expense. Although some tribes have opted to create public defense systems that resemble those found in state courts, many have not. Entry of uncounseled pleas in tribal court cases can harm American Indians in state and federal court if they face prosecution for the same or other charges.[6]
The Bureau of Justice Statistics (BJS) estimated that 73% of county-based and 79% of state-based public defender offices in 2007 exceeded national caseload guidelines from 1973. Recent state-based studies have found that attorneys should handle far fewer cases than those guidelines would allow. A 2023 national workload study reinforces these findings.