Rothgery v. Gillespie County (2007)
- Docket
- 07-440
- Decided
- 2007-01-01
Summary
Question: Did the Fifth Circuit err in holding that Rothgery's right to counsel under the Sixth Amendment was not implicated when he was denied counsel at the time of his initial hearing for being a felon in possession of a firearm but the hearing was conducted without the involvement of a prosecutor? Conclusion: Yes. In an 8-1 ruling, the Court held that a criminal defendant's initial appearance before a judge marks the beginning of the proceedings against him and triggers the defendant's Sixth Amendment right to counsel whether or not a prosecutor is aware of or involved in that appearance. This right to counsel applies whenever a defendant learns of the charges against him and has his liberty subject to restriction. The opinion was penned by Justice David Souter. Justice Clarence Thomas wrote the only dissent, arguing that the phrase "criminal prosecution" as used in the Sixth Amendment should not include a defendant's initial appearance in the absence of a prosecutor. Chief Justice John G. Roberts, joined by Justice Antonin Scalia, chose to write a concurring opinion pointing out the validity of Thomas' argument but reasoning that Court precedent required him to agree with the majority. Justice Samuel Alito also filed a concurring opinion, stating that Rothgery's right to counsel certainly arose at the time of his appearance but reserving judgment on whether the County's actions infringed on that right in this case.