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SECOND FRONT THE ITEM
SUNDAY, MARCH 24, 2013 Contact the newsroom at 803-774-1226 or e-mail news@theitem.com
Attorneys remember 50th anniversary of case Gideon v. Wainwright decision meant indigent defendants entitled to attorneys BY ROBERT J. BAKER bbaker@theitem.com Third Circuit Judge George C. James says he can’t imagine a legal system where attorneys aren’t working actively for their clients on both sides. Thanks to a Supreme Court decision made five decades ago, he nor other circuit court judges have to. Last week attorneys across the nation — and in our 3rd Judicial Circuit — stopped to remember Gideon v. Wainwright, a case in which the nation’s highest court decided FINNEY unanimously that state courts are required under the Fourteenth Amendment to provide counsel in criminal cases for de- HOWLE fendants charged with felonies who are unable to afford their own attorneys. “The decision set in motion the greatest transformation to the American criminal justice system in history,” said 3rd Circuit Public Defender Jack Howle in comments sent to The Item. “At the same time, it brought forth a profound and dramatic shift in social justice ... At its core, Gideon is the promise of justice for the poorest and most vulnerable
LOCAL BRIEFS
citizens of our society.” Clarence Earl Gideon had petitioned the court in pencil on prison stationary from the Florida State Penitentiary, arguing that he had been denied counsel during a trial in 1961 for breaking and entering. Gideon had been named a suspect in the June 3, 1961, burglary at the Bay Harbor Pool Room in Panama City, Fla. At his trial, Gideon petitioned Judge Robert McCrary to appoint a lawyer but was denied because the state only appointed attorneys to defendants charged with GIDEON capital offenses at the time. A jury found him guilty after only 10 minutes of deliberations, and he was sentenced to five years in JAMES prison. Washington, D.C., attorney and future Supreme Court Justice Abe Fortas represented Gideon before the court, who wrote on March 18, 1963, that “Any person (brought) into court who is too poor to hire a lawyer could not be assured a fair trial unless counsel is provided for him.” “I think that one thing became glaringly clear from Gideon’s case,” James said. “Probably a lot of people who
may have been not 1969. Public deON THE NET guilty were likely fenders, much like found guilty simply solicitors, operate See a because they didn’t within judicial cirstatement have effective assiscuits. Howle overfrom tance of counsel.” sees the 3rd Judicial Howle and Before the Gideon Circuit, which en16th Circuit Public decision, the court compasses WilDefender Harry had ruled in two liamsburg, Clarenother landmark cases Dest online. don, Lee and Sumthat indigent defenter counties. Eligiwww.theitem.com dants were entitled bility for a defento attorneys when dant to have a pubfacing the death penlic defender apalty or when they pointed is based on were illiterate or otherwise factors such as the number of mentally incapable of reprepeople living in the housesenting themselves. Third hold, real estate holdings, Circuit Solicitor Ernest bank statements and yearly “Chip” Finney III said the income. Gideon decision forever “I think the public defend“changed the landscape of ers get the most flack,” James how citizens were treated in said. “But they’re some of the the courts of this nation.” most capable attorneys. “The ability to have a lawThey’re always in court.” yer explain the inner workSumter Assistant Public ings of the legal process is ex- Defender Julie Richard said tremely important to a perin January she feels like she son who is not well educated defends her office nearly as or not able to afford a private much as she defends her clilawyer, whether he be innoents. cent or guilty,” Finney said. “Some of our clients have James agreed, saying the it in their brains that we’re process moves along “much not real attorneys,” she said. more smoothly and quickly” “It surprises me the depth when there are “capable atwith which our clients firmly torneys on all sides.” believe that just because you “I think even prosecutors pay for it, you’re going to get will tell you that it’s a lot eas- something better, despite the ier to try a case when you fact that we go out of our way have a capable and experifor our clients and despite enced lawyer on the other the fact that we work on a side,” James said. “And we’re full-time basis in this posifortunate in (Sumter) to have tion. We are in court every excellent lawyers. And in this single month.” circuit, we have excellent James said that the court’s public defenders.” decision in Gideon also gave He said the decision also the judicial system the fairmade South Carolina create ness to which it always asits public defender system in pired.
“A lot of the general public don’t understand that the system we have relies entirely on the perception that we’re fair,” James said. “No one is entitled to a perfect trial, but everyone is entitled to a fair trial. So even if you have someone represent himself in a criminal proceeding, that he has the concrete option to have an attorney is what makes our system work at its fundamental level.” Finney agreed. “The Gideon case was a responsible reaction toward the goal of balance in the legal system,” he said. “Judges, lawyers and other court personnel want only the guilty prosecuted and punished. In today’s highly competitive society, where having a criminal record can materially affect the quality of life one enjoys, having a lawyer can mean the difference between being cleared of any wrongdoing or having a permanent record.” Howle said ultimately Gideon’s case and story “(reveal) the American judicial system at its very best.” “And it reaffirms the basic sense of human justice on which it is founded,” he said. James said a 21st century court system without Gideon would be “entirely overcrowded.” “People think we have a backlog now? Imagine if we didn’t have Gideon,” James said. “We’d have it much, much worse.” Reach Robert J. Baker at (803) 774-1211.
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FROM STAFF REPORTS
Bypass Committee meeting open to public The three-person Bypass Committee for the City of Bishopville will meet at 9 a.m. Tuesday in the Colclough Building. This meeting is open to the public, but no public comments will be allowed.
Committee will consider draft of long-range plan The policy committee of the Sumter Urban Area Transportation Study will meet Monday to consider the preliminary draft of the area’s long-range transportation plan. The plan, covering everything from the shape of roadways and public transit routes to bicycle paths and pedestrian walkways, has been formulated in a couple of public open houses over the past six months. Input from the public is helping to formulate the first update to the area’s transport plan since 2007. The meeting will be held at 4 p.m. in the City Centre, 25 N. Main St., beside the Sumter Opera House. Committee members will vote on whether to adopt the plan with any final changes at another meeting in April. Residents can view a copy of the long-range transportation plan online at www.sumtersc.gov/suatsreports.aspx.
Dinner, auction to raise money for orphans tion, health care and a family to be with. Six hundred would fund an entire project for a The Sumter Orphan Advomonth.” cacy Team is offering locals a The money raised at the chance to help some of the event will help fund some 153 million orphans around projects that don’t currently the world. have church sponsors or “Those numbers are real where perhaps World Orpeople,” said Nathan “Nate” phans cannot send teams, Livesay, director of advocacy. such as the Sudan and Iraq, “It’s easy to talk about statishe said. tics, but people get lost in the It could also be used to numbers. When you put the start new programs. It’s easier number with names and to show potential partner faces, it’s hard to know what to churches what the project do. You can be overwhelmed, looks like once it is started (but) you can make a big difrather than talk about what it ference from will look like, right here in WORLD ORPHANS BENEFIT Livesay said. Sumter.” DINNER AND SILENT AUCTION And alThe group though he is a is holding a WHEN: 7 to 9 p.m. April 12 member of dinner and si- WHERE: Alice Drive Baptist Church, 1305 Alice Drive lent auction Loring Mill Road Baptist to benefit COST: Tickets are $25 for individuals and Church where World Or$40 per couple the event is phans, a nonNOTES: Childcare will be provided, and prebeing held, it’s profit that has registration is required. Chief Complaint will not sponsored 50 projects in be the featured band. by the church 17 countries. FOR MORE: Contact Nate Livesay, director or restricted “What we of advocacy, at (803) 983-2076 or nate@ to church do is churchworldorphans.org. members. to-church “When we partnership,” built this facilLivesay said. “American ity 11 or 12 years ago, we churches fund teams each wanted it to be open for the year to help expand the minis- community to use,” said try to help children. Because Condy Richardson, outreach our projects are through local pastor at Alice Drive Baptist. churches, they don’t cost as “Our mission statement is ‘we much. For $30, you can supexist to help as many people port a child for a month in Af- as possible take the next step rica providing food, educatoward Christ.’ We care about BY JADE ANDERSON janderson@theitem.com
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Nathan “Nate” Livesay, center, director of advocacy for Sumter Orphan Advocacy Team, hugs two children on his recent trip to Haiti. He and some other Sumterites plan to go again in October.
people because people have value. “We want to reach out to orphans and widows. The people we send out, they come back changed. They come back more passionate to help in Sumter. I get really jazzed about that.” That’s what happened to Livesay. He traveled to Ethiopia with a World Orphans team in December of 2011. By May of 2012, he had formed The Sumter Orphan Advocacy Team, the first such group in the state. And six months ago, he began working with the nonprofit full time. The group already has a number of items for auction such as tickets for Huffman
Helicopters in Myrtle Beach, a Palmetto Tire and Auto package and a Britton Road Cornhole set. “We have a wide variety,” Livesay said. “We’ll open the doors at 6:45 p.m. so people can take a look and bid.” Donations and table sponsors for $150 are still welcome, though, he said. “You can bring two other couples,” Livesay said. “Thirty or $50 for a date is not bad, and childcare is included.” For more information, to donate or to purchase tickets, contact Nate Livesay at (803) 983-2076 or nate@worldorphans.org. Reach Jade Anderson at (803) 774-1250.
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