March 18 is Public Defender Day Wednesday, March 18, 2020

PUBLIC  DEFENDER  DAY PROCLAMATION

WHEREAS, North Dakota values every one of its inhabitants, and all citizens are entitled to legal counsel when facing criminal charges, regardless of their ability to pay; and

WHEREAS, 57 years ago, Clarence Earl Gideon was charged with a crime, could not afford to hire a lawyer, and upon being tried without counsel was convicted and sentenced to five years in state prison; and

WHEREAS, Gideon submitted a handwritten petition to the United States Supreme Court, arguing that the United States Constitution bars states from sending poor people to prison without legal representation; and

WHEREAS, on March 18, 1963, the U.S. Supreme Court unanimously ruled Gideon's conviction and prison sentence violated the Sixth and Fourteenth amendments to the United States Constitution because he was not provided a lawyer; and on May 15, 1967, the Supreme Court  further  established  the  constitutional right to counsel for juveniles in delinquency proceedings in re Gault; and

WHEREAS, as a result of the Gideon and Gault decisions,  all  states  now  provide  counsel  to  people facing  criminal  convictions  and  imprisonment  who cannot afford  a  lawyer; and

WHEREAS, since statehood North Dakota statutes have required appointment of counsel at public expense for indigents; and the North Dakota Commission on Legal Counsel for Indigents was legislatively established in 2005 to manage the delivery of indigent defense services in North Dakota; and

WHEREAS, the Commission on Legal Counsel's public defenders, administrative staff and contract counsel work tirelessly to meet the needs of clients; and

WHEREAS, public defenders, staff and contract counsel are essential to a fair and equal  justice  system  under  the United States'  and  North Dakota's  constitutions.

NOW, THEREFORE, as Governor of the State of North Dakota, I do hereby proclaim March  18, 2020, PUBLIC  DEFENDER   DAY  in the State of North  Dakota.

Doug Burgum

Governor