In case you missed it, last week we celebrated National Public Defender Day — the celebration of lawyers who dedicate themselves to providing a defense to indigent men and women accused of a crime. The day is meant to also commemorate the anniversary of the landmark U.S. Supreme Court decision Gideon v. Wainwright.

"Every day, in courts across America, the promise of the Sixth Amendment is made real through the dedication and commitment of public defenders," commented U.S. Attorney General Merrick B. Garland in a recent U.S. Department of Justice press release.

"The Justice Department is proud to stand with the public defenders and criminal defense attorneys who work to carry out the foundational principle, reaffirmed 61 years ago today in Gideon v. Wainwright, that the law protects all of us — the poor as well as the rich, the powerless as well as the powerful."

Clarence Earl Gideon was a 50-year-old drifter and petty thief. He was charged with breaking and entering in Florida in 1961. The charge was a felony, and when Gideon was brought before the court, he was without funds, without counsel and he asked the court to appoint him a lawyer.

Gideon was denied counsel and represented himself. He was convicted and appealed to the Florida Supreme Court. His appeal was denied, and his case made its way to the U.S. Supreme Court. The U.S. Supreme Court appointed a very capable attorney, Abe Fortas, to represent Gideon before the high court. Fortas would one day take a seat on the U.S. Supreme Court.

Justice Hugo Black's opinion in Gideon was only about 2,500 words. He wrote for a unanimous court that the right of an indigent defendant in a criminal trial to have assistance of counsel is a fundamental right essential to a fair trial, and Gideon's trial and conviction without the assistance of counsel violated the Sixth and 14th Amendments.

The Sixth Amendment provides, "In all criminal prosecutions, the accused shall enjoy the right ... to have the assistance of counsel for his defense."

Is the right to counsel in America's courtrooms still a priority? Court-appointed counsel and public defenders often dedicate themselves to criminal justice, but many of these attorneys are underpaid and have staggering caseloads, insufficient resources and limited training.

Now, more than ever, quality indigent defense is demanded. More than a half-century after Gideon, the focus has evolved from merely the right to counsel — to the right to effective representation. That representation has turned from ensuring a fair trial to ensuring effective assistance on matters such as plea bargaining and the collateral consequences of sentencing.

As states and local municipalities struggle with competing demands for revenue, the more important issue today is: How will public defenders and court-appointed counsel react to limited dollars for indigent defense?

Indigent defense representation begins when a lawyer is appointed to a case. When and how appointment occurs varies widely depending on the jurisdiction. However, the earlier counsel is appointed, the sooner the lawyer can begin the work to investigate the circumstances of the defendant and the facts of the crime, reported the Center for Justice Innovation. Early representation prevents unneeded jail stays and provides better outcomes — both of which save taxpayer dollars.

The concept of affordable, quality indigent defense is not out of reach, and innovative policymakers are making it happen, according to Governing Magazine.

Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book "The Executioner's Toll, 2010" was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter @MatthewTMangino.

Photo credit: Tingey Injury Law Firm at Unsplash