Bill Text: DE SCR120 | 2023-2024 | 152nd General Assembly | Draft
Bill Title: Recognizing March 18, 2024, As "national Public Defense Day".
Spectrum: Slight Partisan Bill (Democrat 11-5)
Status: (Engrossed) 2024-03-14 - Passed In House by Voice Vote [SCR120 Detail]
Download: Delaware-2023-SCR120-Draft.html
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SPONSOR: |
Sen. Townsend & Rep. Lynn |
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Sens. Buckson, Gay, Hansen, Hocker, Hoffner, Huxtable, Lockman, Pettyjohn, Pinkney, Sokola, Wilson; Reps. Baumbach, Hilovsky, Romer |
DELAWARE STATE SENATE
152nd GENERAL ASSEMBLY
SENATE CONCURRENT RESOLUTION NO. 120
RECOGNIZING MARCH 18, 2024, AS "NATIONAL PUBLIC DEFENSE DAY".
WHEREAS, Clarence Earl Gideon was a Florida man charged with breaking into a pool hall during the summer of 1961, for which he requested the assistance of counsel at trial, which was refused; and
WHEREAS, representing himself at trial, Mr. Gideon was convicted and sentenced to 5 years in a Florida prison, while always maintaining his innocence; and
WHEREAS, Mr. Gideon appealed his conviction in the Florida courts, which was denied; however, the U.S. Supreme Court agreed to hear his case; and
WHEREAS, on March 18, 1963, the United States Supreme Court issued a landmark opinion in the case of Gideon v. Wainwright , which held that, under the 6 th Amendment, Gideon was entitled to counsel; and
WHEREAS, on retrial, now represented by a court-appointed lawyer, Gideon was found not guilty, and the right to counsel was now applied to state prosecutions for felony offenses; and
WHEREAS, in 1964 the State of Delaware established the Office of the Public Defender, at the time handling a total of 874 cases with only a few attorneys; and
WHEREAS, in 2015 this body passed Senate Bill 47, which modernized Delaware’s public defense system and created the Office of Defense Services, made up of an interdisciplinary team of both lawyers and non-legal professionals to better assist clients both in and outside of the courtroom; and
WHEREAS, the Office of Defense Services provides legal representation to any adult who cannot afford an attorney and faces potential jail time, as well as all juveniles in criminal and delinquency matters in Delaware; and
WHEREAS, the employees of the Office of Defense Services zealously fight injustice and abuses of power while guarding the human and Constitutional rights of the everyday citizens of Delaware through client-centered holistic defenses – focusing not just on the case, but the person; and
WHEREAS, the employees of the Office of Defense Services are often the unsung heroes of our justice system, winning trials and appeals in courtrooms throughout the state, and handling more than 20,000 criminal matters in the last year alone; and
WHEREAS, the employees of the Office of Defense Services advocate tirelessly for reforms to the criminal justice system, in Legislative Hall, in our courts, and anywhere policies impact the lives of their clients. The Office of Defense Services represent approximately 85% of justice involved individuals in the First State; and
WHEREAS, March 18, 2024, marks National Public Defense Day and commemorates the landmark U.S. Supreme Court’s landmark decision of Gideon , and the vital work of public defense lawyers .
NOW, THEREFORE:
BE IT RESOLVED by the Senate of the 152nd General Assembly of the State of Delaware, the House of Representatives concurring therein, that the legacy and importance of the Gideon decision is acknowledged, the necessity of providing effective counsel to all accused of a crime or an act of delinquency in Delaware is recognized, and the continuing mission of the Office of Defense Services to provide legal representation to the indigent commended.
SYNOPSIS
This Resolution recognizes March 18, 2024, as "National Public Defense Day" in Delaware.
Author: Senator Townsend
