argersinger hamlin argued december decided june right indigent defendant criminal trial assistance counsel guaranteed sixth amendment made applicable fourteenth gideon wainwright governed classification offense whether jury trial required accused may deprived liberty result criminal prosecution whether felony misdemeanor denied assistance counsel case florida erred holding petitioner indigent tried offense punishable imprisonment six months fine given jail sentence right counsel ground right extends trials offenses punishable six months imprisonment pp reversed douglas delivered opinion brennan stewart white marshall blackmun joined brennan filed concurring opinion douglas stewart joined post burger filed opinion concurring result post powell filed opinion concurring result rehnquist joined post bruce rogow argued cause petitioner reargument michael shea argued cause pro hac vice original argument brief hubbart george georgieff assistant attorney general florida reargued cause respondent brief robert shevin attorney general raymond marky assistant attorney general joined attorneys general respective follows gary nelson arizona arthur bolton georgia anthony park idaho jack gremillion louisiana james erwin maine robert woodahl montana robert list nevada robert morgan north carolina helgi johanneson north dakota daniel mcleod south carolina solicitor general griswold argued cause amicus curiae reargument urging reversal brief assistant attorney general petersen deputy solicitor general greenawalt harry sachse beatrice rosenberg sidney glazer briefs amici curiae urging reversal filed william hellerstein legal aid society new york marshall hartman national legal aid defender association lauren beasley chief assistant attorney general utah filed brief attorney general utah amicus curiae urging affirmance briefs amici curiae filed john havelock attorney general state alaska andrew miller attorney general vann lefcoe assistant attorney general commonwealth virginia justice douglas delivered opinion petitioner indigent charged florida carrying concealed weapon offense punishable imprisonment six months fine trial judge petitioner unrepresented counsel sentenced serve days jail brought habeas corpus action florida alleging deprived right counsel unable indigent layman properly raise present trial good sufficient defenses charge stands convicted florida decision ruling right counsel followed line marked duncan louisiana respects right trial jury held right counsel extends trials offenses punishable six months imprisonment case petition certiorari granted reverse sixth amendment enumerated situations made applicable reason fourteenth amendment see duncan louisiana supra washington texas klopfer north carolina pointer texas gideon wainwright oliver provides specified standards criminal prosecutions one requirement public trial oliver supra held right public trial applicable state proceeding even though sentence involved another guarantee right informed nature cause accusation still another right confrontation pointer texas supra another compulsory process obtaining witnesses one favor washington texas supra never limited rights felonies lesser serious offenses washington texas supra said held due process requires accused assistance counsel defense confronted witnesses right speedy public trial respecting right speedy public trial right informed nature cause accusation right confront witnesses right compulsory process obtaining witnesses recently stated simply arguable ever held trial petty offense may held secret without notice accused charges cases defendant right confront accusers compel attendance witnesses behalf junker right counsel misdemeanor cases rev district columbia clawans illustrates point offense engaging without license business dealing property offense punishable fine imprisonment days held offense petty one tried without jury conviction reversed new trial ordered trial prejudicially restricted right right guaranteed sixth amendment right trial jury also guaranteed sixth amendment reason fourteenth limited duncan louisiana supra trials potential punishment imprisonment six months various opinions baldwin new york make plain right trial jury different genealogy brigaded system trial judge alone stated duncan providing accused right tried jury peers gave inestimable safeguard corrupt overzealous prosecutor complaint biased eccentric judge defendant preferred judgment jury tutored perhaps less sympathetic reaction single judge beyond jury trial provisions federal state constitutions reflect fundamental decision exercise official power reluctance entrust plenary powers life liberty citizen one judge group judges fear unchecked power typical state federal governments respects found expression criminal law insistence upon community participation determination guilt innocence deep commitment nation right jury trial serious criminal cases defense arbitrary law enforcement qualifies protection due process clause fourteenth amendment must therefore respected originally england person charged treason felony denied aid counsel except respect legal questions accused might suggest time parties civil cases persons accused misdemeanors entitled full assistance counsel appears least twelve thirteen colonies rule english common law respect consideration definitely rejected right counsel fully recognized criminal prosecutions save one two instances right limited capital offenses serious crimes powell alabama reject therefore premise since prosecutions crimes punishable imprisonment less six months may tried without jury may also tried without lawyer assistance counsel often requisite existence fair trial powell alabama supra capital case said right heard many cases little avail comprehend right heard counsel even intelligent educated layman small sometimes skill science law charged crime incapable generally determining whether indictment good bad unfamiliar rules evidence left without aid counsel may put trial without proper charge convicted upon incompetent evidence evidence irrelevant issue otherwise inadmissible lacks skill knowledge adequately prepare defense even though perfect one requires guiding hand counsel every step proceedings without though guilty faces danger conviction know establish innocence true men intelligence much true ignorant illiterate feeble intellect adversary system criminal justice person haled poor hire lawyer assured fair trial unless counsel provided seems us obvious truth governments state federal quite properly spend vast sums money establish machinery try defendants accused crime lawyers prosecute everywhere deemed essential protect public interest orderly society similarly defendants charged crime indeed fail hire best lawyers get prepare present defenses government hires lawyers prosecute defendants money hire lawyers defend strongest indications widespread belief lawyers criminal courts necessities luxuries right one charged crime counsel may deemed fundamental essential fair trials countries beginning state national constitutions laws laid great emphasis procedural substantive safeguards designed assure fair trials impartial tribunals every defendant stands equal law noble ideal realized poor man charged crime face accusers without lawyer assist person right reasonable notice charge opportunity heard defense right day basic system jurisprudence rights include minimum right examine witnesses offer testimony represented counsel emphasis supplied trial vagrancy cases illustrative brief sentences imprisonment may imposed cases often bristle thorny constitutional questions see papachristou jacksonville gault dealt juvenile delinquency offense committed adult carried fine imprisonment jail two months committed juvenile might lead detention state institution reached age said juvenile needs assistance counsel cope problems law make skilled inquiry facts insist upon regularity proceedings ascertain whether defense prepare submit child requires guiding hand counsel every step proceedings citing powell alabama premise gault even prosecutions offenses less serious felonies fair trial may require presence lawyer beyond problem trials appeals guilty plea problem looms large misdemeanor well felony cases counsel needed accused may know precisely fully aware prospect going jail prison treated fairly prosecution addition volume misdemeanor cases far greater number felony prosecutions may create obsession speedy dispositions regardless fairness result report president commission law enforcement administration justice challenge crime free society example legislation last year increased number judges district columbia general sessions four judges process preliminary stages felony cases serious misdemeanor cases petty offenses equal number traffic offenses per year inevitable consequence volume large almost total preoccupation movement cases calendar long speed often substituted care casually arranged compromise often substituted adjudication inadequate attention tends given individual defendant whether protecting rights sifting facts trial deciding social risk presents determining deal conviction frequent result futility failure dean edward barrett recently observed wherever visitor looks system finds great numbers defendants processed harassed overworked officials police cases investigate prosecutors walk courtrooms try simple cases take initial looks files defense lawyers appear time hasty conversations clients judges face long calendars certain knowledge calendars tomorrow next day anything longer choice dispose cases suddenly becomes clear defendants criminal process scant regard individuals numbers dockets faceless ones processed sent way gap theory reality enormous little observation administration criminal justice operation required reach conclusion suffers basic ills evidence prejudice results misdemeanor defendants justice one study concluded isdemeanants represented attorneys five times likely emerge police charges dismissed defendants face similar charges without counsel american civil liberties union legal counsel misdemeanants preliminary report must conclude therefore problems associated misdemeanor petty offenses often require presence counsel insure accused fair trial justice powell suggests problems raised even situations prospect imprisonment post need consider requirements sixth amendment regards right counsel loss liberty involved however petitioner fact sentenced jail said baldwin new york prospect imprisonment however short time seldom viewed accused trivial petty matter may well result quite serious repercussions affecting career reputation hold therefore absent knowing intelligent waiver person may imprisoned offense whether classified petty misdemeanor felony unless represented counsel trial view oregon agree said stevenson holzman hold person may deprived liberty denied assistance counsel guaranteed sixth amendment holding applicable criminal prosecutions including prosecutions violations municipal ordinances denial assistance counsel preclude imposition jail sentence american bar association project standards criminal justice matter sound judicial administration preferable disregard characterization offense felony misdemeanor traffic offense adequate require provision defense services offenses carry sentence jail prison often practical matter sentences rarely ever imposed certain types offenses intents purposes punishment carry fine thus standard seeks distinguish classes cases real likelihood incarceration may follow conviction types likelihood noted standard recommend determination need counsel terms facts particular case draws categorical line types offenses incarceration punishment practical possibility providing defense services approved draft run misdemeanors affected today ruling end actual deprivation person liberty accused receive benefit guiding hand counsel necessary one liberty jeopardy reversed footnotes review federal state decisions following gideon contained comment right counsel impact gideon wainwright fifty creighton rev twelve provide counsel indigents accused serious crime misdemeanor category nineteen provide appointment counsel misdemeanor cases one oregon whose said stevenson holzman objective insure fair trial every criminal prosecution need counsel determined seriousness crime assistance counsel best avoid conviction innocent objective important municipal general jurisdiction california requirement extends traffic violations blake municipal cal app cal rptr overall extended right defendants charged crimes less serious felonies comment right counsel supra see frankfurter corcoran petty federal offenses constitutional guaranty trial jury harv rev james headley cf kaye petty offenders peers chi rev see also johnson zerbst sixth amendment embodies realistic recognition obvious truth average defendant professional legal skill protect brought tribunal power take life liberty wherein prosecution presented experienced learned counsel simple orderly necessary lawyer untrained layman may appear intricate complex mysterious defendants charged felonies state courts charged felonies federal courts president commission law enforcement administration justice task force report courts exclusive traffic offenses however estimated annually four five million cases involving misdemeanors ibid authoritative figures extrapolations indicate probably million traffic offenses year note dollars sense expanded right counsel iowa rev title defines petty offense one penalty exceed imprisonment six months fine title provides appointment counsel indigents cases petty offense appeals fifth circuit noted james headley enacted criminal justice act contains congressional plan furnishing legal representation federal expense certain indigents purport cover full range constitutional rights counsel indeed conference report criminal justice act made clear conferees belief right counsel extends offenses petty serious alike conf sess connection federal rules criminal procedure amended provide rule every defendant unable obtain counsel shall entitled counsel assigned represent every stage proceedings initial appearance commissioner appeal unless waives appointment advisory committee note rule says like original rule amended rule provides right counsel broader two respects compensation provided criminal justice act right extends petty offenses tried district courts right extends defendants unable obtain counsel reasons financial see marston oliver supp ed incarceration thirty days less usually result loss employment consequent substantial detriment defendant family share justice powell doubt nation legal resources sufficient implement rule announce today estimated counsel required represent indigent misdemeanants excluding traffic offenders note dollars sense expanded right counsel iowa rev figures relatively insignificant compared estimated attorneys statistical abstract number projected double year see ruud burgeoning law school enrollment indeed new admissions bar year lawyers required fill estimated average annual openings article proposed revised constitution oregon provides every person right assistance counsel official proceedings dealings public officers may materially affect afford counsel right counsel appointed case may lose liberty one partial solution problem minor offenses may well remove system american bar association special committee crime prevention control recently recommended inter alia regulation various types conduct harm one involved public drunkenness narcotics addiction vagrancy deviant sexual behavior taken courts handling matters transferred nonjudicial entities detoxification centers narcotics treatment centers social service agencies handling offenses housing code traffic violations transferred specialized administrative bodies aba report new perspectives urban crime iv solution course peculiarly within province state local legislatures forty thousand traffic charges arising nonparking traffic citations disposed action seattle study showed however cases possibility imprisonment result traffic conviction three kinds cases accused exposed danger imprisonment offense charged reckless drunken driving additional traffic violation charged individual subject suspended sentence previous violation whatever offense charged convicted individual unable pay fine imposed junker right counsel misdemeanor cases rev people convicted city new york traffic infractions jaywalking speeding fined imprisoned given suspended sentences jailed criminal city new york annual report convicted serious traffic offenses driving influence reckless driving leaving scene accident subject form imprisonment ibid justice brennan justice douglas justice stewart join concurring join opinion add observation upon discussion legal resources ante law students well practicing attorneys may provide important source legal representation indigent council legal education professional responsibility clepr informs us country accredited law schools established clinical programs students aid clients variety civil criminal matters clepr newsletter may programs supplement practice rules enacted authorizing students practice law prescribed conditions ibid like american bar association model student practice rule regulations permit students make supervised appearances defense counsel criminal cases clepr state rules permitting student practice law comparisons comments given huge increase law school enrollments past years see ruud burgeoning law school enrollment think plain law students expected make significant contribution quantitatively qualitatively representation poor many areas including cases reached today decision total law schools also established clinical programs corrections law students faculty supervision aid prisoners preparation petitions relief clepr newsletter may see simpson app chief justice burger concurring result agree much analysis opinion justice powell appraisal problems able confine focus solely burden bear providing counsel inclined stage development constitutional right counsel conclude much commend drawing line penalties excess six months confinement yet several cogent factors suggest infirmities approach allows confinement period without aid counsel trial deprivation liberty serious matter issues must dealt trial petty offense misdemeanor may often simpler involved felony trial yet beyond capability layman especially opposed prosecutor little ground therefore assume defendant unaided counsel able adequately defend lesser charges may involve confinement serious charges appeal conviction uncounselled trial likely much help defendant since die usually cast judgment entered uncounselled trial record trial judges sitting petty misdemeanor cases prosecutors recognize exactly required today decision individual imprisoned unless represented counsel trial judge prosecutor engage predictive evaluation case determine whether significant likelihood defendant convicted trial judge sentence jail term judge preserve option jail sentence offering counsel defendant unable retain counsel need predict place new load courts already overburdened already compelled deal far cases one day reasonable proper yet prediction one beyond capacity experienced judge aided prosecuting officer jury cases latter prepared inform judge prior record accused general nature case accused including use violence severity harm victim impact community factors relevant sentencing process since judge degree information judgment guilt determined ways found serious misdemeanor cases jury trial waived make available judge trial mean full presentence report every defendant every case jury passes guilt prosecutor know trial whether intends urge jail sentence prepared aid factual legal basis view score mean defense counsel must provided also additional prosecutors better facilities securing information accused bears probability decision confine step take today cause surprise legal profession five years ago profession speaking american bar association report standards relating providing defense services determined society goal system providing counsel facilities defense good system society provides prosecution american bar association project standards criminal justice providing defense services approved draft aba addressing must case constitutional requirement broad policy issue elsewhere report aba stated fundamental premise standards representation counsel desirable criminal cases viewpoint defendant society counsel provided criminal proceedings offenses punishable loss liberty except types offenses punishment likely imposed regardless denomination felonies misdemeanors otherwise pp counsel accused essential component administration criminal justice properly constituted hear criminal case must viewed tripartite entity consisting judge jury appropriate counsel prosecution counsel accused approved draft nonjury case prior record accused made known trier fact except way traditional impeachment justice powell justice rehnquist joins concurring result gideon wainwright held required due process clause fourteenth amendment furnish counsel indigent defendants charged felonies question us today whether indigent defendant convicted offense carrying maximum punishment six months imprisonment fine sentenced days jail entitled matter constitutional right assistance appointed counsel broader question whether due process clause requires indigent charged state petty offense afforded right appointed counsel case review florida agreed indigents charged serious misdemeanors entitled appointed counsel vote four three limited right offenses punishable six months imprisonment state drawing line followed lead duncan louisiana subsequent case baldwin new york decided shortly opinion held due process right trial jury state criminal cases limited cases offense charged punishable six months imprisonment clear wherever line drawn must drawn indigent right appointed counsel cases due process right jury trial unskilled layman may able defend nonjury trial judge experienced piecing together unassembled facts jury guiding hand counsel needed marshal evidence coherent whole consistent best case behalf defendant accompanying right counsel right trial jury becomes meaningless limiting right jury trial cases offense charged punishable six months imprisonment compel conclusion indigent right appointed counsel must similarly restricted opinions duncan baldwin district columbia clawans reveal limitation historic origins common law history exists support similar limitation right counsel contrary common law right counsel available misdemeanor felony cases recently gideon indigent state trial right appointed counsel felony cases moreover interest protected right guilt innocence determined jury tempering possibly arbitrary harsh exercise prosecutorial judicial power important fundamental guarantee fair trial right counsel unable agree florida indigent defendant charged petty offense may every case afforded fair trial without assistance counsel agree new rule due process today enunciated absent knowing intelligent waiver person may imprisoned unless represented counsel trial ante seems line drawn rigidity middle course extremes florida rule rule comports requirements fourteenth amendment adhere principle due process requires fundamental fairness criminal trials principle believe encompasses right counsel petty cases whenever assistance counsel necessary assure fair trial accord indigent accused need assistance counsel mysteriously evaporate charged offense punishable six months less powell alabama gideon involved felony prosecutions noted laymen present adequately cases much less identify argue relevant legal questions many petty offenses also present complex legal factual issues may fairly tried defendant assisted counsel even relatively simple cases defendants ignorance handicap incapable defending consequences misdemeanor conviction whether brief period served sometimes deplorable conditions found local jails effect criminal record employability frequently sufficient magnitude casually dismissed label petty serious consequences also may result convictions punishable imprisonment stigma may attach conviction escapade losing one driver license serious individuals brief stay jail bell burson said licenses issued petitioner case continued possession may become essential pursuit livelihood suspension issued licenses thus involves state action adjudicates important interests licensees cases licenses taken away without procedural due process required fourteenth amendment say due process requires appointment counsel petty cases assessment possible consequences conviction sole test need assistance counsel flat rule florida equally inflexible rule majority opinion apply cases within defined areas regardless circumstances precisely mechanistic application find alternatives unsatisfactory due process perhaps fundamental concept law embodies principles fairness rather immutable line drawing every aspect criminal trial counsel often essential fair trial means universal fact petty offense cases complex others exceedingly simple justification furnishing counsel indigents accused felonies noted government hires lawyers prosecute defendants money hire lawyers defend strongest indications widespread belief lawyers criminal courts necessities luxuries yet government often hire lawyers prosecute petty offenses instead arresting police officer presents case every defendant afford hire lawyers defend petty charges possibility jail sentence remote probable fine seems small evidence guilt overwhelming costs assistance counsel may exceed benefits anomalous opinion today extend right appointed counsel indigent defendants cases right counsel rarely exercised nonindigent defendants indeed one effects ruling favor defendants classified indigents classified yet groups engaging counsel minor case luxury family afford line indigency assumed capacity pay counsel necessarily somewhat arbitrary drawn differently state state often resulting serious inequities accused persons new rule accent disadvantage barely economically survey state courts misdemeanors tried showed procedures often informal presided lay judges jury trials rare prosecution vigorous inaccurate say defendant obtain fair trial without assistance counsel courts say defendant needs assistance counsel offense charged petty one despite overbreadth easiest solution prophylactic rule require appointment counsel indigents criminal cases simplicity rule appealing applied automatically every case price pursuing easy course high indeed terms adverse impact administration criminal justice systems apparent one reflects wide variety petty misdemeanor offenses varying definitions thereof diversity penalties prescribed potential impact state systems also apparent view variations types courts jurisdictions ranging justices peace judges small communities elaborately staffed police courts operate hours day great metropolitan centers rule adopted today go way limited cases sentence imprisonment thrust position indicates however decision must made rule extended cases except perhaps minor traffic violations rejects constitutional grounds today exercise judicial discretion need counsel jail sentence imposed one must assume similar rejection discretion cases illogical without discernible support constitution hold discretion may ever exercised nominal jail sentence contemplated time endorse legitimacy discretion cases may result far serious consequences hours days incarceration fifth fourteenth amendments guarantee property well life liberty may taken person without affording due process law majority opinion suggests constitutional basis distinguishing deprivations liberty property fact majority suggests reason drawing distinction logic advances extending right counsel cases penalty imprisonment imposed applies equally well cases penalties may imposed majority deny penalties serious brief jail sentences thus although new rule extended today imprisonment category cases opinion foreshadows adoption broad prophylactic rule applicable petty offenses one foresee consequences drastic enlargement constitutional right free counsel even today decision seriously adverse impact upon functioning criminal justice system slow fashion new constitutional rule consequences unknown dimensions especially since supported neither history precedent ii majority opinion concludes absent valid waiver person may imprisoned even lesser offenses unless represented counsel trial simplest terms means circumstances land may anyone imprisoned however briefly unless represented waived right counsel opinion disquietingly barren details rule implemented thousands statutes ordinances authorize imprisonment six months less usually alternative fine offenses include trivial misdemeanors ranging spitting sidewalk certain traffic offenses also include variety serious misdemeanors broad spectrum cases daily floods lower criminal courts rule laid today confront judges courts awkward dilemma counsel appointed knowingly waived sentence imprisonment duration may imposed judge therefore forced decide advance trial without hearing evidence whether forgo entirely judicial discretion impose sentence imprisonment abandon responsibility consider full range punishments established legislature alternatives assuming availability counsel appoint counsel retain discretion vested law abandon discretion advance proceed without counsel latter course followed first victim new rule likely concept justice requires personalized decision guilt sentence notion sentencing tailored fit crime individual abandoned many categories offenses resolving dilemma administer new rule judges tempted arbitrarily divide petty offenses two categories sentences imprisonment may imposed sentence given regardless statutory authorization creating categories offenses law imprisonable impose jail sentences judge overruling de facto legislative determination appropriate range punishment particular offense true majority notes classes imprisonable offenses imprisonment rarely imposed even occasional imposition sentence may serve valuable deterrent purpose least legislatures today courts viewed threat imprisonment even rarely carried serving legitimate social function brief amicus curiae solicitor general suggested flexibility preserved technique trial de novo evidence contrary pretrial assumptions justified jail sentence presumably mistrial declared counsel appointed new trial ordered solicitor general also recognized second trial even counsel might unfair prosecutor make use evidence came first trial accused uncounselled second trial held judge might longer finally second trial held reason afford judge opportunity impose harsher sentence might run afoul guarantee twice placed jeopardy offense likelihood second trial certain offenses classified legislatures imprisonable treated judges unimprisonable new rule announced today also result equal protection problems may well unfair unequal treatment individual defendants depending whether individual judge determined advance leave open option imprisonment thus accused indigent entitled courts counsel courts jurisdiction indigent accused offense counsel since services counsel may essential fair trial even cases jail sentence imposed results type pretrial judgment arbitrary discriminatory different type discrimination result typical case judgment alternative prescribed example five days jail fine judge predetermined imprisonment imposed respect particular category cases indigent convicted often receive meaningful sentence defendant pay fine responded sentence accordance law whereas indigent commits identical offense may pay penalty deterrent repetition similar offenses indigents avoid equal protection problems preserve range sentencing options prescribed law judges likely appoint counsel indigents minor offenses jail sentences extremely rare doubtful possess necessary resources meet sudden expansion right counsel solicitor general suggested behalf rule today adopts recognized consequences far reaching addition expense compensating counsel noted mandatory requirement defense counsel require time prosecutors courtroom time lead bigger backlogs present personnel reporters needed well counsel one worst bottlenecks emphasizing new constitutional rule made retroactive solicitor general commented chaos result mandatory requirement counsel misdemeanor cases decision become fully applicable day announced massive pileup state courts meet standard involve delays frustrations real contribution administration justice majority treatment consequences new rule concerned solicitor general reassuring said presently attorneys number increase rapidly doubling asserted sufficient provide number counsel estimated one source represent indigent misdemeanants excluding traffic offenders totally unrealistic imply lawyers potentially available thousands practice many practice work governments corporate legal departments armed services unavailable criminal representation general practice indication many qualified defend criminal cases willing accept assignments may prove less lucrative similarly unrealistic suggest implementation new rule require lawyers communities public defenders available private lawyers specializing petty cases thus possible necessary coordinate schedules lawyers willing take occasional misdemeanor appointment crowded calendars lower courts cases scheduled weeks advance instead frequently tried day arrest finally majority focus aggregate figures ignores heart problem distribution availability lawyers especially hundreds small localities across country perhaps serious potential impact today holding already overburdened local courts primary cause assembly line justice volume cases far excess capacity system handle efficiently fairly rule may well exacerbate delay congestion courts familiar common tactic counsel exhausting every possible legal avenue often without due regard probable payoff cases may lawyer duty cases done purposes delay absence direct economic impact client plus omnipresent claim frequently produces decision litigate every issue likely young lawyers fresh law school receive appointments cases admirable zeal lawyers eagerness make reputation time yet crowded schedules permit devote relatively minor legal problems desire courtroom exposure availability cases hourly fees lucrative novice recent constitutional explosion procedural rights accused factors likely result stretching process consequent increased costs public added delay congestion courts additional problem ability various localities furnish counsel varies widely even adequate resources national basis uneven distribution resources lawyers facilities available funding presents acute problem number state courts considered question case compelled confront realities many concluded indigent right appointed counsel extend misdemeanor cases reaching conclusion state courts drawn line different places acknowledged moved least part impracticality going legislatures courts enactment laws rules drawn line short adopted majority cases statutes reflect judgment courts legislatures many understand problems local judicial systems better rule announced today may seriously overtax capabilities papers filed recent petition writ certiorari serve example today ruling mean localities november petition wright town wood filed case arising south dakota police magistrate conviction municipal offense public intoxication raises issues us case requested town wood file response march lawyer occasionally employed town filed clerk affidavit explaining town responded explained wood south dakota population sewer water system quite poor office nearest lawyer town miles away town decided contesting case unwise allocation limited resources though undoubtedly smaller wood dissimilar hundreds communities lawyers meager financial resources need sort local system deal minor offenses quite common numerous petty offenses towns tried local courts magistrates serious offenses tried countywide located county seat undoubtedly true injustices result informal procedures local courts counsel furnished certainly counsel furnished indigents cases require counsel furnished virtually every indigent charged imprisonable offense practical impossibility many small town courts community simply enforce laws perhaps said give undue weight likelihood chaos possibility adverse effects system answer may given constitution requires rule announced majority consequences immaterial satisfied guarantee due process required assistance counsel every case jail sentence imposed workable method insuring justice adopt majority rule hesitate join opinion despite misgivings effect upon administration justice addition resulting problems availability counsel costs especially intolerable delay already overburdened system majority drawing new inflexible rule may raise fourteenth amendment problems resolves although opinion deal explicitly sentence deprivation liberty however brief according special constitutional status cases sentence imposed may derogate need counsel types cases unless embraces even broader prophylactic rule due process requires fair trial cases neither rule approved rule today enunciated likely achieve result iii hold right counsel cases absolute one determined trial courts exercising judicial discretion basis determination made accused formally pleads many petty cases resolved guilty pleas assistance counsel may required trial conclude assistance counsel required case state reasons issue preserved review trial become obligated scrutinize carefully subsequent proceedings protection defendant unrepresented defendant sought enter plea guilty examine case insure admissible evidence tending support elements offense case went trial without defense counsel intervene necessary insure defendant adequately brings facts favor prevent legal issues overlooked formal trial rules applied strictly unrepresented defendants finally appellate courts carefully scrutinize decisions appoint counsel proceedings follow impossible well unwise create precise detailed set guidelines judges follow determining whether appointment counsel necessary assure fair trial certainly three general factors weighed first consider complexity offense charged example charges traffic law infractions rarely present complex legal factual questions charges contain difficult intent elements raise collateral legal questions problems usually complex unassisted layman offense one state represented counsel defendants afford obtain counsel strong indication indigent also needs assistance counsel second consider probable sentence follow conviction obtained serious likely consequences greater probability lawyer appointed noted part imprisonment serious consequence consider third consider individual factors peculiar case course difficult anticipate one relevant factor competency individual defendant present case attitude community toward particular defendant particular incident another consideration might reasons defendant peculiar need lawyer compel appointment counsel case normally think unnecessary obviously sensitivity diligence individual judges crucial operation rule fundamental fairness requiring consideration varying factors case rule similar certain respects rule applied felony cases betts brady bute illinois overruled gideon one reasons seeking definitive standard felony cases failure many state courts live responsibilities determining basis whether counsel appointed see concurring opinion justice harlan gideon assume past insensitivity state courts rights defendants continue certainly follows course reading rigid rules constitution state courts unable exercise judicial discretion within limits fundamental fairness little reason think insensitivity abate concluding emphasize conviction adversary system functions best fairly parties represented competent counsel becoming member participated efforts enlarge extend availability counsel correct disposition case therefore matter considerable concern members strongly drawn ideal extending right counsel differ two fundamentals constitution requires ii effect upon criminal justice system especially smaller cities thousands police municipal justice peace courts across country view expressed opinion accord considerable discretion courts allow flexibility opportunity adjustment seems necessary imposing new doctrine lowest level courts although view precipitate chaos predicted solicitor general probable result absolutist rule still remain serious practical problems resulting expansion indigents rights counsel cases according reviewable discretion courts determining counsel necessary fair trial rather mandating completely inflexible rule facilitate orderly transition far wider availability use defense counsel process courts first instance decide cases recognize duty consider need counsel every case defendant faces significant penalty factors mentioned standards guidelines assure fairness might prescribed jurisdiction legislation rule considered relevant goal accord essence adversary system expand rapidly practicable availability counsel person accused crime must stand alone counsel needed proceedings courts accord views expressed concur result decision case true justice black opinion gideon narrowly written justice harlan quick suggest concurring opinion facts gideon require decide whether indigent right appointed counsel extend criminal cases opinions announced recently assumed holding gideon yet extended misdemeanor cases see gault mempa rhay burgett texas loper beto used herein term petty offense means offense authorized imprisonment exceed six months baldwin new york also includes offenses punishable imprisonment regardless amount fine might authorized extent definition used herein differs federal statutory definition petty offense includes offense punishable six months imprisonment fine exceeding see powell alabama duncan louisiana although given retroactive effect ruling gideon pickelsimer wainwright said values implemented right jury trial measurably served requiring retrial persons convicted past procedures consistent sixth amendment right jury trial destefano woods supra see silverstein defense poor criminal cases american state courts see james headley wide range civil disabilities may result misdemeanor convictions forfeiture public office state ex rel stinger kruger mo disqualification licensed profession cal bus code optometrists stat real estate brokers loss pension rights stat ann police disability pension denied injury result participation fights riots civil insurrections committing crime ind ann stat teacher convicted misdemeanor resulting imprisonment stat tit supp conviction crime misdemeanor see generally project collateral consequences criminal conviction vand rev gideon wainwright petty offenses much less plea negotiation serious offenses see report president commission law enforcement administration justice challenge crime free society hereinafter challenge thus cases evidence guilt overwhelming assistance counsel less essential obtain lighter sentence silverstein supra neither report president commission law enforcement administration justice american bar association went route takes today president commission recommended counsel provided criminal defendants face significant penalty least danger substantial loss liberty challenge supra american bar association standard extend right counsel cases loss liberty likely imposed american bar association project standards criminal justice providing defense services approved draft neither supports new inflexible constitutional rule see callan wilson north carolina pearce type penalty discussed involving discretionary alternative jail fine presents serious problems fairness indigents nonindigents administration justice cf tate short adequate resolution inherently difficult problems yet found rule adopted today depriving lower courts discretion cases unless counsel available appointed aggravate problem tr oral arg custom many localities appoint counsel basis compensation generally inadequate even federal courts criminal justice act provides one generous compensation plans rates appointed counsel per hour spent per hour time subject maximum total fee misdemeanor case felony low american standards consequently majority persons willing accept appointments young inexperienced see cappelletti part one emergence modern theme cappelletti gordley legal aid modern themes variations stan rev justice brennan suggests concurring opinion law students might provide important source legal representation presents figures however many students qualified willing undertake responsibilities defending indigent misdemeanants although welcome progress made programs supported american bar association enlist involvement law students indigent representation problems meeting state requirements assuring requisite control supervision far insubstantial moreover impact student participation limited primarily less communities law schools located see generally james crisis courts challenge supra see james supra schrag majesty secret service protecting consumer new york city yale cook county illinois recent study revealed members chicago bar association committee defense prisoners appointed represent indigent defendants elect jury trial trial cases appointed counsel retained counsel public defender one possible explanation contrast committee counsel sometimes serving part gain experience willing undertake jury trial assistant public defender busy conscious probable extra penalty accruing defendant loses case jury oaks lehman criminal justice system indigent omitted see irvin state app burrage superior cableton state ark state ex rel argersinger hamlin people dupree people mallory hendrix city seattle cert denied state ex rel plutschack department health social services see hawaii art idaho code supp stat ann supp rule crim proc la rev stat rule crim proc md rule neb rev stat rev stat mex stat ann supp utah code ann supp stat tit supp code ann supp see kamisar choper right counsel minnesota field findings observations rev local judges interviewed authors concluded right counsel extended petty cases dividing line drawn question assigned counsel misdemeanor cases resolves nothing proposition thrust views limited funds need judicial economy dictate nothing omitted see state borst see cableton state justices peace arkansas resident practicing lawyers counties practicing lawyers impact right counsel misdemeanor cases seriously impair administration justice arkansas impose intolerable burden upon legal profession omitted see silverstein supra successful implementation majority rule require state local governments appropriate considerable funds something willing three nation population provide state appropriations indigent defense note dollars sense expanded right counsel iowa rev example state kansas spent defending indigents felony cases although budgetary request legislature appropriated brief appellant james strange decided today post view american resources funds spent legal services program regarded trivial cappelletti supra although american economy times size british american population almost times great american legal aid expenditures less times high seems individualized rule unlike rule majority rule present equal protection problems decisions griffin illinois douglas california mayer city chicago see katz municipal courts another urban ill case western reserve rev cf hamilton alabama white maryland harvey mississippi although less plea negotiating petty cases see supra assistance counsel may still needed defendant faced overwhelming evidence guilt make intelligent decision whether go trial disagree overruling betts complete accord gideon betts like gideon concerned right counsel felony case see supra neither case controls today result indeed recognized many problems identified opinion result raising standards requirement counsel view relying upon judicial discretion assure fair trial petty offenses comports constitution minimize problems otherwise affect adversely administration criminal justice courts already severe strain