ASSIGNED COUNSEL

lawyers appointed by the state to provide representation for indigent persons. Assigned counsel are private lawyers designated by the courts to handle particular cases; in some countries, particularly the United States, public defenders permanently employed by the government perform this function. The right to counsel varies considerably from country to country. Until the late 19th century, access to counsel was almost entirely predicated upon an individual's ability to pay. If a person could afford a lawyer, he was entitled to one; if he was poor, he usually went unrepresented, except at times in capital cases. In the late 19th century, bar organizations and social-welfare groups banded together to supply legal aid (q.v.) to the indigent. By the mid-20th century, the governments of most European countries were participating in these programs in some fashion, either in their administration or funding or both. Most countries have recognized the right of the indigent to have counsel in criminal cases, particularly the most serious types. The United States has taken the lead in this area, though Great Britain had legislated earlier (1949) to provide state legal aid. Beginning in 1963 the Supreme Court issued a series of decisions that upheld the rights of indigent persons accused of felonies to have counsel during trial, appeal, and even during police interrogation. Although this right has not yet been extended to cover misdemeanours, some jurisdictions and many public defender offices automatically give coverage in such cases. In civil-law countries and in England, there has been a more limited advancement. In France, for example, anyone accused of a crime beyond a minor misdemeanour must have counsel at the preliminary hearing and the trial, but this right has not been extended to cover police interrogation. Japan requires counsel only for cases in which punishment may exceed a three-year prison term. In Russia there must be a defense counsel in any case in which a public prosecutor participates or any case in which the accused is incapable of handling his defense. Many countries do not remunerate lawyers assigned to defend the poor in criminal cases. In the United States the salary is often considerably lower than what the attorney could get from a private client. In consequence, although many defenders and assigned attorneys are capable lawyers, they are often young and lack experience. In England, where the majority of lawyers volunteer to take indigent cases, an accused person has a somewhat better chance of obtaining experienced counsel in a criminal proceeding. In civil cases there is an even greater disparity among countries as far as rights to counsel and the resultant quality of counsel are concerned. In England state aid has been granted in divorce and certain kinds of litigation since 1949. Only in 1971 did the United States begin to deal with the problem of civil litigation and then only in a limited fashion. The poor were given the right to sue for divorce without paying filing fees and court costs; the right to counsel in such cases was also indicated. But rights were not extended to other areas of civil litigation such as bankruptcy and eviction cases. In civil-law countries the system of providing counsel for the indigent in civil cases is usually well organized but tends to employ young, inexperienced lawyers who usually serve without pay. This is the situation in both France and Italy. In Germany, where the Federal Constitutional Court has upheld the right of the poor to counsel in civil actions, the compensation is adequate to appeal to experienced attorneys. Lawyers are appointed by the court and paid by the government.