U.S. Attorney General calls for stronger Sixth Amendment right to counsel

U.S. Attorney Eric Holder spoke today in Wilmington, NC, about the need for more resources for public defenders and more substance in the Sixth Amendment right to counsel:

“Today the Sixth Amendment right to council is quite simply, not a right at all. Not to the extent that it should be. The right to council is the right of every citizen and it must be the concern of every citizen,” he explained.

Holder told the group that many people waive their right to legal council without any idea of what that means for their rights. He urged judges and others to push for higher professional standards so that more people can have access to equal legal rights.

Holder’s comments follow the announcement earlier this year that his Justice Department would be launching the Access to Justice Initiative, “a new program to help low-income people receive legal help.” Laurence Tribe is heading that Initiative, and he said yesterday that the Initiative “will work with federal officials and chief justices on the state level to raise pressure for changes public defense programs. He also expressed approval for lawsuits and private action through Section 1983 in cases of ineffectual counsel.”

While it’s great to hear politicians talking this way — recognizing the problems and promising improvements in indigent defense and access to justice — there’s little evidence of any substance behind the nice words. Here’s hoping all of this buildup has some substantive change before Holder and the Obama Administration no longer have that bully pulpit.