[House Report 113-260]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-260
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SUPPORTING THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION, THE
RIGHT TO COUNSEL
_______
November 12, 2013.--Referred to the House Calendar and ordered to be
printed
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Mr. Goodlatte, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H. Res. 196]
The Committee on the Judiciary, to whom was referred the
resolution (H. Res. 196) supporting the Sixth Amendment to the
United States Constitution, the right to counsel, having
considered the same, reports favorably thereon without
amendment and recommends that the resolution be agreed to.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
New Budget Authority and Tax Expenditures........................ 2
Duplication of Federal Programs.................................. 3
Disclosure of Directed Rule Makings.............................. 3
Performance Goals and Objectives................................. 3
Advisory on Earmarks............................................. 3
Section-by-Section Analysis...................................... 3
Purpose and Summary
H. Res. 196 states the House of Representatives' support of
the Sixth Amendment to the United States Constitution, the
right to counsel, and its continued commitment to pursue
strategies to improve the criminal justice system to ensure
that indigent defendants in all felony cases are adequately
represented by counsel.
Background and Need for the Legislation
This year marks the fiftieth anniversary of the Supreme
Court decision, Gideon v. Wainwright.\1\ In Gideon, the Court
held that the Sixth Amendment to the U.S. Constitution requires
that indigent defendants be provided counsel in all felony
cases. In the Court's opinion, Justice Black stated:
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\1\372 U.S. 335 (1963).
From the very beginning, our state and national
constitutions and laws have laid great emphasis on
procedural and substantive safeguards designed to
assure fair trials before impartial tribunals in which
every defendant stands equal before the law. This noble
ideal cannot be realized if the poor man charged with
crime has to face his accusers without a lawyer to
assist him.\2\
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\2\Id. at 344.
The Supreme Court later extended the scope of a defendant's
right to counsel in Argesinger v. Hamlin, which held that
``absent a knowing and intelligent waiver, no person may be
imprisoned for any offense, whether classified as petty,
misdemeanor or felony, unless he was represented by counsel at
his trial.''\3\
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\3\407 U.S. 25, 37 (1972).
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Hearings
The Committee on the Judiciary held no hearings on H. Res.
196.
Committee Consideration
On May 7, 2013, the Committee met in open session and
ordered the resolution H. Res. 196 favorably reported without
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H. Res. 196.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Duplication of Federal Programs
No provision of H. Res. 196 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that H. Res. 196 specifically
directs to be completed no specific rule makings within the
meaning of 5 U.S.C. 551.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H. Res.
196, states the House of Representatives' support of the Sixth
Amendment to the United States Constitution and the right to
counsel.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H. Res. 196 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.
Section-by-Section Analysis
H. Res. 196 states the House of Representatives' support of
the Sixth Amendment to the United States Constitution, the
right to counsel, and its continued commitment to pursue
strategies to improve the criminal justice system to ensure
that indigent defendants in all felony cases are adequately
represented by counsel.