50th Anniversary Tribute to Gideon v. Wainwright: The Right to the Effective Assistance of Counsel

On January 8, 1962, a large envelope arrived in the mailroom of the United States Supreme Court from prisoner number 003826. Inside the package was a handwritten petition, seeking certiorari to the Supreme Court, based on the claim that the prisoner had been denied his constitutional right to counsel. So began one of the most remarkable cases in the history of the Supreme Court, Gideon v. Wainwright, which would affect more persons in our criminal justice system than any other case. In this program, the late civil rights pioneer Herald Price Fahringer and his former partner Erica Dubno traced the history of this fascinating case and the consequences for lawyers today.

Learning Objectives:

I.    Understand the History of Gideon v. Wainwright

II.   Comprehend the Oral Argument in the Supreme Court

III.  Analyze the Decision

IV.  Explore the Impact of Gideon across the Nation

V.   Review when the Right to Counsel Attaches

VI.  Learn about who Can Assert the Right to Counsel

VII. Explore the Right to the Effective Assistance of Counsel

In Memoriam: Free speech pioneer and civil rights giant Herald Price Fahringer passed away in 2015 at the age of 87. He was known for his defense of publishers accused of distributing pornography — which eventually changed the very definition of pornography in New York State. He also argued a groundbreaking case to the Supreme Court which allowed criminal defendants to claim ineffective assistance of counsel in unlawful detention cases. Mr. Fahringer never shied away from a difficult case if he saw an opportunity to advance the causes of justice. This program on the importance of the right to counsel stands in honor to his memory.