Davies et al. on Appointed Counsel in Misdemeanor Cases

Andrew Davies, Blane Skiles, Pamela R. Metzger, Janelle Gursoy and Alex Romo (Southern Methodist University - Dedman School of Law, Southern Methodist University - Dedman School of Law, Southern Methodist University - Dedman School of Law, Southern Methodist University - Dedman School of Law and Southern Methodist University - Dedman School of Law) have posted Getting Gideon Right: Eligibility for Appointed Counsel in Texas Misdemeanor Cases (Deason Criminal Justice Reform Center Report (2022)) on SSRN. Here is the abstract:

 

In Gideon v. Wainwright, the U.S. Supreme Court held that the government must provide a criminal defense lawyer for any accused person who cannot afford one. But for too many people, Gideon's promise remains unfulfilled. In Texas, there are no statewide guidelines about who is entitled to a court-appointed lawyer. Instead, counties create their own rules that create serious gaps in constitutional protection. Getting Gideon Right investigates the financial standards that determine an accused person's eligibility for appointed counsel in Texas county courts. The report reveals a patchwork of county court policies that are both complex and severe.