"Potential Innocence": Making the Most of a Bleak Environment for Public Support of Indigent Defense

An examination of Gideon v. Wainwright after fifty years involves both its past failures and accomplishments and its future impact. Gideon's legacy is enormously positive with the expansion of rights to so many indigent defendants in need of representation against criminal charges that could deny them life and liberty, but its inadequacies in fulfilling its full promise are glaring as well. These competing themes are reflected in many articles that are part of this symposium. Those who support Gideon's promise should be willing to embrace reform solutions that provide services in a more cost efficient way. Next, the author believes there is no obvious level of reductions that would be considered sufficient to justify the expenditure of scarce public resources by those states and localities that now systemically underfund Gideon. Finally, he suggests that any reforms recognize the human and institutional elements of meaningful public defense employment.