Question: Were court appointed lawyers appointed before 1950?
Answer: Yes, in a few cases, especially the most serious crimes of capital murder and
rape, some courts appointed lawyers for defendants who could not afford to hire
their own attorney. However, in most felony cases in many states prior to 1963,
indigent defendants were not provided with court appointed attorneys and either
had to find a way to pay for an attorney or represent themselves in court.
That all changed in 1963, when the United States Supreme Court heard the case
of Clarence Earl Gideon. Mr. Gideon was arrested and charged with burglary.
He told the court that he could not afford a lawyer and asked the judge to appoint
one to represent him. The judge told Mr. Gideon he could not have a lawyer because
only defendants charged with a capital offense were appointed lawyers in Florida.
Mr. Gideon represented himself at his trial and was convicted. He appealed to
the Supreme Court and the Court found that "any person haled into court,
who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel
is provided for him." Therefore, the Court held, the Due Process Clause
of the United States Constitution requires the State to appoint a poor defendant
an attorney upon his request. Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792
(1963).
For more information about this case, read the book Gideon's Trumpet by Anthony
Lewis or rent the movie based on the book, also entitled Gideon's Trumpet, starring
Henry Fonda.
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