The right to counsel seems like a no-brainer, but at one time — unless charged with a capital (death penalty) case — defendants were often expected to represent themselves. But, Gideon v. Wainwright changed all that. Gideon v. Wainwright, 372 U.S. 335 (1963)

In 1961, Clarence Earl Gideon was charged with felony breaking and entering. At the time, Florida state law didn’t require legal representation for indigent people except in capital offense cases. Gideon, with an eighth-grade education, served as his own attorney. Convicted and sentenced to five years in prison, Gideon taught himself the law and petitioned the United States Supreme Court to determine if he was denied due process.

The Court ruled in 1963 that the Sixth Amendment allowed defendants to have legal representation.

“Celebrating the Legal Profession and Right to Counsel” is the theme of the 2023 Nebraska State Bar Association Conference Oct. 17-20. The 60th anniversary of Gideon v. Wainwright and its consequences will be the focus of the keynote address by Jason D. Williamson, executive director for the Center on Race, Inequality, and the Law at New York University School of Law. Professor Williamson’s talk will focus on the ongoing challenges of indigent defense across the United States, introduction and implications of national workload standards for attorneys in such cases, and the role of private attorneys representing indigent clients as part of legal reform.

Gideon v. Wainwright has presented financial challenges to local entities, said Jason Grams, partner at Lamson, Dugan and Murray LLP and President of the Nebraska State Bar Association.

“The country has had difficulties in complying with Gideon v. Wainwright, as it has been expanded in some instances,” Grams said. “States, in Nebraska it’s the counties, have to pay for it.”

While a single case can consume a local government’s legal defense fund, the landmark case sent a clear message, Grams said.

“When you’re accused of a crime, a lawyer is a necessity and not a luxury,” he said. “The government always has a lawyer. And, in general, lay people are just not trained to understand the process and what’s going on.

More than 2,000 lawyers from across Nebraska are expected to attend the annual state convention, held at the Embassy Suites convention center in LaVista. With about 6,500 attorneys in the state, Nebraska’s meeting is among the largest in the nation, Grams said.

Nebraska’s bar convention draws attendees because it’s an opportunity for lawyers to gain additional knowledge and network, Grams said.

A long time ago, the decision was made to tailor the continuing legal education courses to the individual lawyer’s practice area,” he said. “You can mix and match the programs you want to attend.”

Attorneys can easily complete the 10 credits they’re required by the state Supreme Court to earn annually, he said. With 60 continuing legal education credits offered, attendees can participate in sessions addressing subjects such as state child support calculator, promoting diversity and inclusion in modern law practice, effectively and efficiently resolving complex or difficult cases, and putting “civil” in civil cases.

The state convention is also a time to recognize people for their accomplishments, Grams said. Former Nebraska State Senator Steve Lathrop will receive a special merit award, Professor Korey T. Taylor from the University of Nebraska School of Law will receive the NSBA Diversity Award, Lynne Morton of the Douglas County Law Library will receive an Award of Appreciation, and Judge William Riley will be posthumously honored with the President’s Professionalism Award. Additional honors will be announced during the convention.

Participants have until Oct. 11 to pre-register with the state bar association at nebar.com.