Prosecution without Representation

Nearly 50 years after the Supreme Court\u27s landmark ruling in Gideon v. Wainwright established indigent defendants\u27 constitutional right to counsel, poor people throughout the country still remain without a lawyer when first appearing before a judicial officer who determines pretrial liberty or bail. Absent counsel, low-income defendants unable to afford bail remain in jail for periods ranging from 3-70 days until assigned counsel appears in-court. Examining Walter Rothgery\u27s wrongful prosecution, the article includes a national survey that informs readers about the limited right to counsel at the initial appearance and the extent of delay in each of the 50 states. The article also analyzes the Justices\u27 response to the wrongfully accused and unrepresented Walter Rothgery, and provides insight into how the Court will likely decide the constitutional claim to counsel when it next faces the issue. It suggests that the amicus community\u27s participation will likely assume an important role in the Supreme Court\u27s ultimate ruling