Word: gideon
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...King's Montgomery bus boycott-it also keyed Johnson's whole judicial development. If a right applied in one area, he quickly applied it in another-always in spare, lucid opinions based on rock-hard facts. Thus, in 1963, Johnson broadened the Supreme Court's famous Gideon right-to-counsel decision (1961) by ruling that court-appointed lawyers must be paid for their services because the Constitution requires "effective" counsel. Congress soon followed with a law requiring payment in federal courts everywhere in the U.S. Conversely, last year Johnson condemned another kind of legal pay: the fees...
...admitted logic" [Dec. 16] of Gideon v. Wainwright has been carried out in Massachusetts, where representation for those who cannot afford it has been required since 1964 in all criminal cases with a possibility of imprisonment, misdemeanors and felonies alike. The 60 lawyers of the Massachusetts Defenders Committee provide representation in 12,000 cases per year...
Whenever the Supreme Court expands the rights of the accused, as it did in its famous 1963 Gideon decision requiring free lawyers for indigent felony defendants, pessimists predict that prisoners will win new trials based on the new rights...
...American Bar Foundation study recently reported that when it came to providing counsel for misdemeanants, "wide variations in practice existed from one state to another and from one county to another in the same state." And the highest courts of Arkansas, Florida and Connecticut have flatly limited Gideon to felonies...
...Connecticut case, Stewart had a third supporter, Justice William O. Douglas. Will a fourth appear? Justice Abe Fortas, for example, is the very lawyer who won the Gideon decision in one of his great pre-bench coups. As court watchers see it, the silent justices are mainly fearful of the effects of carrying out Gideon's admitted logic. Most misdemeanor cases now take only a few minutes; to require lawyers might inflate them into regular trials. The country has not even begun to provide enough public defenders for accused felons; adding misdemeanor cases might overwhelm...