By J. Lyn Carl, GalleryWatch.com
Austin, TX –
Legislation aimed at taking another step toward ensuring equal access to attorney representation for indigent Texans (SB 1218) was explained by Sen. Rodney Ellis (D-Houston) today at a press conference.
Ellis was instrumental in the passage of the Fair Defense Act passed in 2002, which he said "made important strides" toward ensuring indigent Texans have fair and adequate representation in court, but added it was "only the beginning, and a small first step." Ellis said there is "still a long way to go" before the right to counsel is available to all Texans.
"All Texans, rich and poor, should have access to quality legal representation," said the Houston Democrat, noting the quality of their legal representation "should not depend on how much they have in their bank accounts."
Ellis said Texas spends more money per capital on prisons than any other state in the nation, but "falls dismally behind" in the protection of the rights of the accused. He said the $12 million the state spent on indigent defense in 2002 is less than what the state spent on brush control.
Texas ranks 43rd in per capita spending on indigent defense, said Ellis, at approximately $6 per capita. He said in Harris County, the figure is even less - at $5.48. On the other hand, the District of Columbia spent $98 in 2002 per capita for indigent defense, 16 times what Harris County spent.
Ellis also noted that Texas is putting "almost the entire burden" for indigent defense on counties, as the state only picks up some 8.79 percent of the tab. "It's time for Texas to step up to the plate," he said.
Bill Beardall, executive director of the Equal Justice Center, said Texas is at a "crucial crossroads," and can continue on the path toward developing a modern and fair system for those who cannot afford to hire a lawyer in their criminal defense, or the state "can take the wrong turn" that will take it backwards regarding indigent defense.
Texas has the poorest indigent defense system in the nation, said Beardall. While the 2001 Fair Defense Act began the process of modernizing the system and there has been "gradual, but steady" improvement since then, he said Ellis' new legislation will "continue that progress and take us on toward the next step."
Calling reform of the indigent defense system in Texas part of a national movement, Beardall introduced Bill Whitehurst, chair of the American Bar Association's Standing Committee on Legal Aid and Indigent Defendants. Whitehurst said the committee examines the delivery of legal services to the poor in both criminal and civil matters.
Whitehurst said one's right to counsel is "one of the most sacred rights" of Americans, and that studies continue to show that the system still suffers from a severe lack of funding for indigent defense, excessive caseloads, inadequate support personnel and failures to inform of one's right to counsel. He said in the past 20 years, "not that much has changed" and that the picture has become "more bleak."
"Clearly, America has a long way to go," said Whitehurst. He said findings from studies reveal that thousands of persons are processed through the American court system each year with no lawyer or with a lawyer who has neither the time nor the resources to provide proper representation. "The fundamental right to a lawyer does not exist for countless people across the United States," he said.
Andrea Marsh of the American Civil Liberties Union also praised Ellis for filing of SB 1218, which she said will increase state funding for indigent defense services. She said it also will allow counties to make necessary reforms so that all have the right to counsel "no matter where they live in Texas or what judge they're in front of."