The American Bar association is “the civil right to counsel

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I hope everyone is doing well, feeling well and in good spirits. It’s hard to believe we are already here at midterm week. Time has flown. I had to have a procedure done on my foot this week and it just seems like thought this entire class I have been battling one health issue or another. Which is why I am hoping that this post finds you all well. 

This weeks discussion is extremely interesting to me. I don’t know how many times I have stated that I wish representation for legal matters could be obtained for all persons. Especially if they can not afford an attorney.  

Civil Gideon according to the American Bar association is “the civil right to counsel”.  And comes from the case Gideon v Wainwright. (Wikipedia) A case from 1963, out of California state. In this case the defendant was able to be granted a new trial with representation of a civil case. Where the defendant faced possible jail time for unpaid fines and fees that were court ordered. Because of the defendant being indigent he was able to get an attorney that helped him in his case where he was acquitted. As it was found to be unlawful to expect payment of these fines and fees as the defendant was incapable of making these payments due to indigency. 

Civil Gideon impacts the practices of law by allowing some of the (SRL) self represented litigant with a way to receive help in cases where they are faces charges for inability to pay, as well as in cases where they aren’t getting access to something they have a right to. Basically in situations where one isn’t being heard and maybe unable due to difficulties that can include indigency and disabilities. 

Currently I understand that the 6th amendment provides attorneys in criminal and federal cases. (NCSC). 

Which I am personally on the side that all people who can not afford an attorney should have the right to be appointed to one. Personally, I have been fighting for my children and their rights for 4 years. With a  attorney I could have done so much better. I would have know what type of legalese to reference or what was expected or needed filed. I would have had a better understanding for procedure and had far less errors, in my filings, serves and other necessary documents and required information.  My rights are being violated. My children’s rights are being violated.  And there is nothing I can do besides go to school to get knowledge. The free lawyers can’t help. As there is a conflict of interest as they have helped the other litigant. I have done my best to navigate and I have conducted my own trial as my own representative.  My own appeals. And in two weeks I face a contempt hearing where the other party has the right to an attorney,  but not I.

I think there are so many reasons why attorneys appointed would be a huge asset. it would free up so much of the courts time when cases are presented properly and all documents are filed and submitted properly.  For a person who is unaware there are a million ways to not get heard just trying to get a hearing and motion. For example. An individual can file everything and get everything served correctly.  but they can forget or be unaware of confirmation of the hearing that is required or the case can be stricken. That’s just one example of many. It can feel impossible to be heard when you dont know or understand what is needing to be done, required or expected to do so. I just wish that there was a better way for the voices that are not getting heard because of lack of knowledge, circumstance,  indigency, disability and access. 

I do understands the flood of people that would desperately access this if it was unavailable.  But with the help of an attorney I feel a lot of wheedling if there is a case, or ensuring everything was filed timely and properly would take out much of the time that is wasted when litigants that self represent fail to achieve. 

I really think it ought to be a right to the people of the United stated to have the ability to seek help and actions when they are in need of this and unable to provide it for themselves. How can one exercise their rights if they do not know how or have the ability means to do so.

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