In Gideon v. Wainwright, 372 U.S. 335 (1963), the United States Supreme Court required states to provide legal counsel to people who were unable to afford an attorney in a criminal prosecution. Post-Gideon, more public defender’s offices opened across the United States, including Texas.
The right to legal representation is dictated throughout Texas law. The Texas Constitution and the Texas Code of Criminal Procedure establish the right to counsel in addition to other rights an accused has in a criminal case. In 2001, the Texas Legislature passed the Fair Defense Act, which established a mechanism for funding public defender’s offices throughout the state. Ten years later, the Texas Indigent Defense Commission (“TIDC”) was created. TIDC provides support to the public defender’s offices to ensure the offices are equipped to satisfy the constitutional requirements of legal representation.
Although the number of public defender’s offices increased in Texas over the years, there were still parts of the state that needed resources to represent indigent clients, such as the Concho Valley. Community leaders recognized the impact a public defender’s office would have for the area. This impact included providing quality advocacy and reducing the expenses associated with a criminal case. This recognized gap in criminal defense ultimately led to the creation of the Concho Valley Public Defender’s Office in late 2021.
