Poor defendants and keeping Gideon's promise

They are common stories by now: The court-appointed defense lawyer who falls asleep during a client's murder trial. The beleaguered big-city public defender who barely has a chance to scan a client's file as she rushes from courtroom to courtroom, laboring under a crushing caseload.

Ever since the Supreme Court's decision in Gideon v. Wainwright, poor defendants have had the right to appointed counsel if they could not afford to hire a lawyer. But in the 47 years since that landmark ruling, the promise of justice has in many ways been gutted by indifference and financial neglect. Prosecutors, who butt heads with defense lawyers every day, are often the first to acknowledge that the justice system cannot function -- and that legitimate convictions are imperiled -- if those who may lose their freedom do not enjoy robust representation.

So it is welcome news that the nation's chief law enforcement officer, Attorney General Eric H. Holder Jr., has launched an initiative to improve legal services to poor defendants across the country. A mark of Holder's seriousness is the hiring of Laurence H. Tribe, a Harvard law school professor, in the new role of senior counsel for "access to justice."


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