Gideon’s Trumpet

Gideon’s Trumpet, written in 1964, is a book that details a landmark court case, Gideon v. Wainwright, that came before the Supreme Court of the United States of America in 1963. It tells the story of Clarence Gideon, whose case became the key foundation of the modern interpretation of the Fifth and Sixth Amendments: that criminal defendants have a right to counsel at both the federal and state level even if they cannot afford a lawyer.

Plot Summary

The story begins in 1962, when Clarence Gideon sends a letter to the Supreme Court. He is in prison in Florida, having been forced to represent himself during a trial. Convicted of breaking and entering a pool hall, Gideon believes that he had the right to a lawyer but was denied by the judge and his financial situation. The letter requests a review of the case, and Gideon passes through a lengthy bureaucratic process.

The Supreme Court is the highest court in the American legal system. While holding extraordinary power, it is not without limitations. Gideon’s claim is evaluated by many people; having passed every requirement, it is accepted. As a result, the Florida authorities (where Gideon was tried and detained) have a window in which to respond.

The case will address a previous ruling, the 1942 Betts v. Brady, which set limitations on if (and how) legal counsel could be assigned during a trial. In 1932, Powell v. Alabama established that capital cases on the state level must be extended the right to a lawyer free of charge if they cannot afford one as per the Sixth Amendment. Later, Johnson v. Zerbst in 1938 extended that interpretation of the Sixth Amendment to require federal defendants to be assigned an attorney if they could not afford one no matter what charges were filed against them. In 1942, Betts v. Brady explicitly limited the right to a lawyer at the state level to capital crimes. Gideon’s case is considered a pauper’s petition to overturn Betts.

Gideon’s assigned lawyer for his federal petition to the Supreme Court is Abe Fortas, a well-regarded and successful attorney who takes the case because he feels indebted to the system that has benefited him so much. He believes in Gideon’s cause and agrees that legal counsel should not be denied to the poor because of their financial situation. Fortas receives no financial compensation for his work, but working on a case for the Supreme Court is considered a great honor. It is not the first time Fortas has done so. He and his legal team trawl through the annals of legal history to find precedent, arguments, and reasons why the Court must find in Gideon’s favor.

Fortas writes to Gideon and asks for more details about his life. Gideon writes back, giving a detailed autobiography replete with spelling errors. Gideon describes a tragic life; unable to find a steady job, he has developed a gambling addiction in an attempt to keep his family fed and homed. Unfortunately, his incarceration means that his children have been placed into foster care. He wants to get out of jail primarily to reunite with his children. Gideon insists that he is innocent but is currently serving a five-year sentence.

Fortas reasons that Gideon’s is the ideal case with which to address the issue of Betts v. Brady. The case represents a tension on the Court regarding the issue of federalism, and two Supreme Court justices have differing views on the matter. Justice Black supports the idea that there should be a federal ruling on the matter that imposes a law on every state, while Justice Frankfurter supports the idea that states should be given the freedom to create such a law of their own volition.

Gideon is aware that his case represents an issue larger than just one person. As difficult as his life has been, he possesses a steely determination to win the case and—as he sees it—ensure that justice is done now and in the future. There are many other men who are in a similar situation to Gideon, and he is fighting for all of them.

Fortas writes his legal brief, outlining why he believes that Gideon is in the right. The lawyer representing the opposing side is Bruce Robert Jacob. A relatively young and inexperienced lawyer, Jacob has never argued before the Supreme Court. Nevertheless, he works tirelessly to put together a brief of his own. Once this is complete, both sides go to the Supreme Court and present their oral arguments. After a long session in which the lawyers must answer many questions from the justices, it is over. Both sides return home and await the Court’s ruling. Gideon wins the case in a unanimous ruling. Following the decision, a massive upheaval of the American justice system takes place in which the states wrangle with the need to assign legal counsel to every defendant. Gideon wins a new trial and—after refusing help from an out-of-town attorney—he is assigned a local lawyer. He wins his freedom.