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113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-260

======================================================================



 
 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

                                _______
                                

   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:
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \3\407 U.S. 25, 37 (1972).
---------------------------------------------------------------------------

                                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.