The U.S. legal system promotes fairness and justice for all in many ways, one of which is to ensure that every defendant has access to an attorney when they are facing criminal charges.
It is part of every American’s Constitutional right to have representation and in the Miranda rights read to every person who is arrested, they are advised of their entitled to an attorney to represent them and if they cannot afford it, one will be provided to them.
Does This Legal Right Always Happen in Texas?
State-appointed lawyers are provided to uphold fairness within the legal system so that every American has the representation they are entitled to.
Unfortunately, Texas state law makes determining who is entitled to receive the services of a state-appointed lawyer so murky that many entitled residents have gone without one.
Some people who truly cannot afford an attorney on their own and should have one appointed to them do not because the state does not find them to be poor enough.
Determining Eligibility Widely Varies Across the State
Part of the problem stems from the inconsistent and frequently outdated measures that counties throughout the state continue to use to determine eligibility to receive state-appointed lawyers.
This ranges from outdated guidelines on what the poverty level is to failure to keep up with the rising costs of paying for attorneys today.
In many instances where defendants are refused state-appointed representation, there is also a failure to bring into context that person’s entire financial situation and life circumstances.
A Clear Process of Determining Eligibility Is Needed
Why is this happening?
A defendant’s right to a lawyer is a rule that was established by the Supreme Court in 1963 as a means of ensuring every American’s 6th Amendment rights.
What they did not do was outline a process for making this determination.
Left to individual counties and states, the process has been challenging at best, requiring extensive research and the production of records that many disadvantaged Texans do not have and much red tape that makes the process nearly impossible for some.
As a result, entitled citizens end up facing trial - and a greater chance of convictions that can negatively affect the rest of their lives - without legal representation.
This Needs to be a Statewide Mandate
Resolving this issue and ensuring every Texan has the legal representation they are entitled to even if they cannot afford to pay for an attorney on their own requires the establishment of a statewide standard.
The standard should be based on up-to-date measures of wealth and poverty and take every citizen’s personal situation into account as well.
This is the only way that state-appointed lawyers can be provided to every defendant entitled to one.
It is a legal loophole that attorneys, justices, and citizens in Texas should encourage state lawmakers to close to promote legal fairness to all.