CRIMINAL LAW - DISMISSAL OF INDITMENT REQUIRED IN CRIMINAL CASE WHERE CESSATION OF CRIMINAL JUSTICE ACT FUNDING RESULTED IN UNAVAILABILITY OF COMPETENT COUNSEL FOR INDIGENT DEFENDANT. UNITED STATES V CHATMAN

• NCJ Number: 19747
• Journal: Catholic University Law Review Volume: 24 Issue: 2 Dated: (WINTER 1975) Pages: 352-359
• Author(s): W KEUP
• Date Published: 1975
• Length: 8 pages
• Corporate Author: Catholic University of America
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS NOTE ANALYZES WHAT CONSTITUTES ADEQUATE 'ASSISTANCE OF COUNSEL' UNDER THE SIXTH AMENDMENT IN BOTH PRE AND POST-TRIAL SETTINGS.

Abstract

IT ALSO CONSIDERS THE APPROPRIATE REMEDY A COURT CAN FASHION ONCE IT HAS DETERMINED THAT EFFECTIVE ASSISTANCE OF COUNSEL IF NOT AVAILABLE. IN THIS 1974 CASE, THE FGOVERNMENT CONCEDED THE UNAVAILABILITY OF QUALIFIED COUNSEL AS DEFINED BY THE CHATMAN COURT, AND REQUESTED A CONTINUANACE. THE DISTRICT OF COLUMBIA SUPERIOR COURT, HOWEVER, VIEWED THE SITUATION AS ONE OF INDEFINITE DURATION, AND IN REJECTING THE GOVERNMENT'S REQUEST, STATED THAT SUCH A COURSE WOULD HAVE THE EFFECT OF LEAVING THE DEFENDANTS IN LIMBO. THE FORMULA OF ADEQUATE REPRESENTATION USED BY THE CHATMAN COURT WAS THAT THE ATTORNEY BE A 'DILIGENT AND CONSCIENTIOUS ADVOCATE.' THE AUTHOR AGREES THAT DISMISSAL WAS THE ONLY ALTERNATE REMEDY AVAILABLE TO THE COURT. HE CONTENDS THAT THE CHATMAN STANDARD OF ADEQUATE REPRESENTATION WILL RESULT IN A MORE EQUITABLE SHIFT OF THE BURDEN OF PROOF WHEN A DEFENDANT CHOOSES TO CHALLENGE THE ADEQUACY OF ASSIGNED COUSEL SINCE THE GOVERNMENT WILL ALSO HAVE TO PROVE THAT PERFORMANCE WAS COMMENSURATE WITH THE SIXTH AMENDMENT RIGHT WHICH IT REPRESENTS.