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Rothgery v. Gillespie County

Supreme Court of the United States · 2008 · Criminal Procedure

Criminal ProcedureSixth AmendmentRight to CounselAttachment of Right to CounselSixth Amendmentright to counselattachmentinitial appearance

Facts

Texas police officers arrested Rothgery without a warrant after an erroneous criminal background check suggested he had a felony conviction. He was promptly taken before a magistrate at an article 15.17 hearing, where the magistrate reviewed a probable-cause affidavit accusing him of unlawful possession of a firearm by a felon, informed him of the accusation, set bail at $5,000, and committed him to jail until he posted bond. Rothgery was indigent and repeatedly requested appointed counsel, but no lawyer was appointed for about six months. After he was later indicted, rearrested, and jailed for three weeks on increased bail, appointed counsel quickly showed that Rothgery had never been convicted of a felony, and the indictment was dismissed.

Issue

Does the Sixth Amendment right to counsel attach at a defendant's initial appearance before a judicial officer where he is informed of the accusation and liberty is restricted, even if no prosecutor knows about or participates in that proceeding? More specifically, does attachment require prosecutorial awareness or involvement?

Rule

A criminal defendant's Sixth Amendment right to counsel attaches at the initial appearance before a judicial officer at which he is told of the formal accusation against him and restrictions are imposed on his liberty. Attachment does not depend on a prosecutor's awareness of, or participation in, that proceeding.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Toledo, Ohio, police arrested Devin Morse without a warrant for alleged felony receiving stolen property. The same afternoon, a municipal judge reviewed an officer's sworn complaint, told Devin the specific felony accusation, set cash bail, and ordered him held until he posted bond; no prosecutor knew of the hearing until two days later.

When did Devin's Sixth Amendment right to counsel attach?

Explanation. The right attaches at the first appearance before a judicial officer where the defendant is told of the formal accusation and restrictions are imposed on liberty. The majority rejected any requirement that a prosecutor be aware of or involved in that proceeding. Here, the officer's sworn complaint led the judge to advise Devin of the charge and impose bail-based restraint, which is enough to start adversary judicial proceedings for attachment purposes.