"Mr. Gideon, I am sorry, but I cannot appoint Counsel to represent you in this case. Under the laws of the State of Florida, the only time the Court can appoint counsel to represent a defendant is when that person is charged with a capital offense. I am sorry, but I will have to deny your request to appoint counsel to defend you in this case." -- Mr. Justice Black of the Florida State Supreme Court, 1963.

In the early 1960s, Clarence Earl Gideon was arrested and charged with breaking and entering a pool hall with intent to commit what was considered under Florida statute to be a misdemeanor.

Gideon's request for legal assistance was denied by the Florida State Supreme Court. While he put up an admirable defense on his own behalf, a jury found Gideon guilty.

The month of March marks the 40th anniversary of the origins of what is known today as the office of public defender.

On March 18, 1963, the Florida Legislature responded to a landmark U.S. Supreme Court decision in Gideon v. Wainwright by creating the first public defender's office.

"I think the theory of Gideon is that everybody have a competent lawyer so that they have a fair shake in the criminal justice system," Orangeburg County's Chief Public Defender Michael Culler said. "I don't think anybody believes, liberal or conservative, that a person accused of a crime should not have a competent lawyer representing them."

The South Carolina public defender's office was created Sept. 4, 1969. Culler said the idea of a public defender goes back further than most realize.

Article II of the Orangeburg County public defender's office constitution and bylaws states the "purpose of the organization shall be to provide legal representation for the criminally accused individuals in the County of Orangeburg for those who are indigent or financially unable to secure legal counsel."

While most recognize 1963 as the official origin, Thomas Jefferson and John Adams, staunch advocates of individual liberty, are quite possibly the first American public defenders, Culler said. It is those liberties established in the Sixth Amendment that could be tread upon without such an office as the public defender.

"Everybody in Orangeburg County knows about the right to bear arms, which is in the Bill of Rights," Culler said. "But they don't know about the Sixth Amendment -- the right to counsel. This is not recent stuff. This was set down by our founding fathers, the right to have counsel."

While Gideon focused upon those charged with a felony, Alabama vs. Shelton confirmed an indigent defendant charged with a misdemeanor punishable by imprisonment has a right to the assistance of court-appointed counsel also.

"The U.S. Supreme Court said that all qualified people deserve equal representation, even in small cases," Culler said. "Basically, Shelton said even when cases do not involve immediate incarceration, the defendant is entitled to a lawyer."

Modern day concerns of the public defender's office center around case overload.

A recent guideline by the American Bar Association states a public defender should handle no more than 150 cases per year. Culler said the rub comes in the definition of "case." While some defendants are charged with multiple offenses pertaining to the same incident, the debate comes when a defendant is charged with multiple offenses in multiple incidents.

"The range of charges that are defended by our lawyers is between 250 and 400 cases per lawyer," Culler said. "We certainly, in my opinion, will surpass the ABA standard for caseload, which is 150 cases, or 200 juvenile cases, or 400 misdemeanors. Something has to be done."

The Orangeburg office is made competent by more than 25 years' combined experience in the staff of five defense attorneys: Richard Gustafson, Crystal Chapman, Peggy Hines, in addition to Culler. Recently joining the public defender's office is Sam Kramer, who came on board in January. Three staff members provide support for the legal quintet.

"Clearly, if we're not here, those people have no chance at equal justice under the law," Culler said. "In the Pledge of Allegiance, it says, 'and justice for all.' It should be that way."

T&D Staff Writer Richard Walker can be reached by e-mail at rwalker@timesanddemocrat.com or by phone at 803-533-5516.

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