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9 Transcript 1 (1964)

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Condemnation - ETV -
February 13
The Committee on Institutes, Symposiums
and Seminars has scheduled the third pro-
gram in The Lawyers Forum of the Air
for February 13. The one and half hour
presentation will cover both State and Fed-
eral condemnation proceedings.
Duo to expanding Federal installations
and the ever-increasing miles of roadway, it
was felt that th. members of the Associa-
tion shoi ld be given an opportunity to join
in a discussion of recent developments. As
in the past specified local schools will be
open for the convenience of those desiring
to attend. Local news media will carry ad-
ditional information during early February.
Law Firm Announcements
1-Moore, Mouzon & McGee
B. Allston Moore, Harold A. Mouzon and
B. Allston Moore, Jr., partners as Moore &
Mouzon, announce that Joseph H. McGee,
Jr., has become a member of the firm
which will now    be known as Moore,
Mouzon & McGee and will continue the
general practice of law at 4 Gillon St.,
Charleston.
2-Thomas & Thomas
The firm of Thomas & Thomas of Beau-
fort announces the association of John A.
Hagins, Jr. Prior to joining the Firm, Mr.
Hagins practiced law in Camden.
3-Younts & Spence
The firm of Younts & Spence of Green-
ville announces the association of Allen
Reese, recently a member of the Judge
Advocate General's Corps, Department of
the Army.
4--Cooper, Gary, Nexsen & Pruet
Cooper, Gary, Nexsen & Pruet of Co-
lumbia announce that Thomas B. Pollard,
Jr., has become a member of the firm.
Final Dues Notice-Directory
On February 3 final duet notices will be
sent out to delinquent members. Members
whose dues have not been paid by February
29, 1964, will be removed from the mailing list
of the Association. Subsequent to that date,
they will no longer receive the TRANSCRIPT,
the LAW REVIEW and rther notices and pub-
lications of the South Carolina Bar Association.
It should be noted that the Association plans
to publish a directory of members should
finances permit. Due to printing schedules,
names of members paying dues after February
29,  will  not  be  printed  in  the  directory.  In
order to ensure accuracy, members are asked
to notify the Executive Secretary of any change
in mailing address. Members are also requested
to send in their office phone numbers for pub.
lication in the directory.

Representing Indigent Defendants
In Federal Court
By HON. J. ROBERT MARTIN
Judge, United States District Court for the Western District of South Carolina

Hopefully, this article will be somewhat
outdated by a Bill by the United States Con-
gress some time this year providing for a
uniform system for furnishing legal counsel
to indigent defendants charged with crimes
in the United States Courts. Both the House
and Senate passed a Bill during the last ses-
sion but the Bills are somewhat different
and these differences must be ironed out in
committee before the legislation can become
law. It is expected that the final law will
provide a system for compensating attor-
neys for representing indigent defendants in
United States Courts.
This discussion seeks to point out some
of the pitfalls facing lawyers appointed to
represent indigent defendants, suggests ways
a lawyer can protect himself from criticism,
embarrassment, and extra work in later years
if the defendant files a motion under Sec-
tion 2255, Title 28 U. S. C. A. or some other
proceeding attacking the sentence imposed.
Although  Gideon  v. Wainwright, 372
U. S. 335, decided in March, 1963, had
far reaching effect on the trial and repre-
sentation of indigent defendants in State
Courts, it had little effect on the United
States Courts since Johnson v. Zerbst, 304
U. S. 458 (1938, 1ad required appointment
of Counsel for indigent defendants charged
with crime in the United States Courts. One
of the big problems which U. S. District
Judges have faced for a long time, and now
State Judges have the same problem, is de-
ciding who to appoint to represent defend-
ants. There should be a uniform system,
including State as well as Federal Courts,
which would prevent the same attorney from
being appointed to represent two or more
defendants at the same time. This would
seem to be a problem which could best be
solved by a committee of the South Caro-
lina Bar Association working with the State
and Federal Courts.
The single most important thing an ap-
pointed lawyer can do, to protect himself
from embarrassment and unnecessary work
is to keep accurate records.
In time most lawyers will forget the de-
tails of the case and may even forget the
name of the defendant, but the defendant
won't forget the lawyer's name nor will he

forget the smallest detail. After incarcera-
tion, he may file one or several proceedings
seeking to attack the sentence. One of the
most frequent grounds for such proceedings
is that of in.,dequate representation. If the
allegations are sufficient, another attorney
will be appointed to represent the petitioner,
a hearing will be held and the first attorney
will be called as a witness to explain, in
open court, what action he took in repre-
senting the petitioner at the first hearing.
Without records, several years after the
original plea of guilty, or trial, this can be
embarrassing. If the lawyer is forced to say
something like I vaguely recall that in some
court, at some time, I represented somebody
for stealing a Golf Cart, but I don't recall
who it was or anything about it, the peti-
tioner may get a new trial on the ground of
inadequate representation, even though the
lawyer did a good job for him in the origi-
nal proceeding.
After appointment, the first thing   a
lawyer should do is to obtain a copy of
the indictment or information from the
Clerk. After determining the nature of the
charge against his client by reading the in-
dictment, and doing all necessary research,
he should talk (o the defendant. If the
defendant is ir, custody, the Marshal will
make him a /aflable to the lawyer for a
conference. At the initial conference the
lawyer should explain the charges to the
defendant, explore his financial condition
explain to him that you will keep an
accurate record of the work you perform
in his behalf and go over the defense. After
the conference you should make a record
of what you did, noting the time of the
conference, the place, any instructions the
defendant gave you, etc. Appointed at-
torneys can get assistance from the U. S.
Attorney's office. Ask for the names of
the agents who will testify and if the
U. S. Attorney's Office has any information
that it can disclose, it will assist you. Ask
the Probation Officer for the record of
conviction. If you think it would be help-
ful, ask the judge if you can see the pre-
sentence report which is compiled by the
Probation Officer. The Judge may not al-
(Continued on page 2, column 3)

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