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30 Geo. J. Legal Ethics 675 (2017)
Mo' Money, Fewer Problems: Examining the Effects of Inadequate Funding on Client Outcomes

handle is hein.journals/geojlege30 and id is 700 raw text is: Mo' Money, Fewer Problems: Examining the Effects of Inadequate Funding on Client Outcomes COLLEEN CULLEN* INTRODUCTION In 1961, Clarence Earl Gideon was charged with a felony in Bay County, Florida.1 Mr. Gideon could not afford a lawyer, so he asked the court to appoint a lawyer for him.2 The trial court responded: Mr. Gideon, I am sorry, but I cannot appoint Counsel to represent you in this case. Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person is charged with a capital offense. I am sorry, but I will have to deny your request to appoint Counsel to defend you in this case.3 Mr. Gideon replied that the United States Supreme Court says that he is entitled to be represented by defense counsel.4 However, the trial court did not change its decision and consequently did not appoint counsel for Mr. Gideon. After representing himself at trial, Mr. Gideon was found guilty and sentenced to five years of incarceration.5 Mr. Gideon filed a habeas corpus petition with the Florida Supreme Court, but the Florida Supreme Court denied all relief.6 The U.S. Supreme Court then granted certiorari and appointed counsel for Mr. Gideon, because Mr. Gideon had been proceeding in forma pauperis. The unanimous Court stated that any indigent person hauled into court cannot get a fair trial unless defense counsel is provided for him.8 Additionally, the Court said the noble ideal that everyone should be equal before the law is not achievable if an indigent defendant does not have an attorney to advocate on his behalf at trial.9 * J.D., Georgetown University Law Center (expected May 2018); B.A., University of Wisconsin- Milwaukee (2014). © 2017, Colleen Cullen. 1. Bruce R. Jacob, Memories of and Reflections About Gideon v. Wainwright, 33 STETSON L. REV. 181, 181, 184 (Fall 2003). 2. Gideon v. Wainwright, 372 U.S. 335, 337 (1963). 3. Id. 4. Id. 5. Id. 6. Id.; Gideon v. Cochran, 135 So. 2d 746, 746 (Fla. 1961) (mem.), rev'd sub nom. Gideon v. Wainwright, 372 U.S. 335 (1963) (Habeas corpus denied without opinion.). 7. Gideon, 372 U.S. at 338. 8. Id. at 344. 9. See id. (From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every

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