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:: 11.06.2003 ::
More on MinnesotaFor years, Minnesota law said that indigents could be charged $28 for legal representation but that judges could waive the fee -- and they routinely did. A recent law revamped the fees, so that they ranged from $50 to $200 depending upon the crime that was charged, and made them mandatory. Proponents, who include some public defenders, said it was needed because the state faced a $4.2 billion deficit that could force layoffs of teachers and cut programs for young people and the elderly.
Opponents said the law threatens poor people's access to a fair trial in a complex legal system that sometimes challenges even seasoned attorneys.
"The danger is that people will not avail themselves of the right to counsel to avoid the charge," said Norman Lefstein, dean emeritus at the Indiana University School of Law at Indianapolis. "It really is an effort to squeeze every last cent [from the poor] without regard to the consequences. It's inconsistent with the fundamental right to counsel."
The Gideon case, argued in 1963, involved a Florida man charged with felony breaking-and-entering who lacked money to hire a lawyer. He requested one and was denied because the state at the time provided counsel to the poor only in capital cases.
Gideon defended himself and was convicted. On appeal to the U.S. Supreme Court, the court found that the Sixth Amendment's guarantee of counsel was a fundamental right and essential to a fair trial. Justice Hugo L. Black said in the ruling that "lawyers in criminal courts are necessities, not luxuries."
That rationale, in part, was the basis for a ruling last month by District Judge Richard Hopper in Hennepin County, which includes Minneapolis, that the Minnesota law is unconstitutional. The fees are still being collected across the rest of the state pending appeal.
[emphasis added] Read the rest at the National Constitution Center.
:: Deb 10:06 AM :: permalink ::
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