(noting that professional licenses for which ex-offenders can be ineligible “range from lawyer to bartender, from nurse to barber, from plumber to beautician”). 27. See Editorial, Marijuana and College Aid, N.Y. T IMES (Nov. 2, 2007) at A26. 28. Most collateral consequences are established by state and local law, and thus the impact of a conviction varies widely by ju- risdiction. There are a couple of guides that index the collateral consequences for specific jurisdictions. The New York State Unified Court System, in conjunction with Columbia University, created a Web site that summarizes collateral consequences in New York State. The Web site, Collateral Consequences of Criminal Charges – New York State, is hosted by Columbia University and is avail- able at http://www2.law.columbia.edu/fourcs/ (last visited Mar. 16, 2009). The Washington Defender Association publishes a guide for defenders entitled Beyond the Conviction , available at http://www.defensenet.org/publications.byond-conviction (last visited Mar. 2, 2009). 29. See Bridget McCormack, Economic Incarceration , W INDSOR Y.B. A CCESS TO J UST . 25, no. 2, 223-46 (2007). 30. See 18 U.S.C. § 3553(f); U.S.S.G. § 5C1.2. 31. See id. 32. William Hellerstein, The Importance of the Misdemeanor Case on Trial and Appeal, 28 T HE L EGAL A ID B RIEFCASE 151, 155 (April 1970). 33. Caroline Wolf Harlow, Defense Counsel in Criminal Cases , NCJ 179023 (Nov. 2000) at 6, Table 13. In federal court in fiscal year 1998, 38.4 percent of people charged with misdemeanors did not have counsel. Id. at 3, Table 2. 34. The BJS study was only of in-custody defendants. Many misdemeanor defendants do not receive jail sentences, particularly on the first conviction, so it is likely that the percentage is far higher. The ABA has also documented the widespread failure to pro- vide counsel in misdemeanor cases. See American Bar Association Standing Committee on Legal Aid and Indigent Defense, Gideon’s Broken Promise: America’s Continuing Quest for Equal Justice (Dec. 2004), at 22-23, available at http://www.abanet.org/legalser- vices/sclaid/defender/brokenpromise/ (last visited Mar. 16, 2009). 35. Chief Justice Jean Hoefer Toal of the Supreme Court of South Carolina, South Carolina Bar Association, 22nd Annual Crim- inal Law Update (January 26, 2007). Similarly, in North Dakota, judges appeared to be under the impression that if they sentenced the defendant to jail time, but suspended that portion of the sentence, appointment of counsel was not required. This stands in direct con- tradiction to the Supreme Court’s holding in Alabama v. Shelton, 535 U.S. 654 (2002) . 36. Texas Fair Defense Project Web site, http://www.fairdefense.org/about.php (last visited Mar. 16, 2009). 37. National Legal Aid and Defender Association, Evaluation, Report & Recommendations, Riverside County Public Defender (Dec. 2000). Since the publication of the NLADA report, Riverside County has changed its practices. 38. Cait Clarke, Taking Alabama v. Shelton to Heart, T HE C HAMPION (Jan/Feb 2003), at 25. 39. National Legal Aid and Defender Association, A Race to the Bottom: Speed and Savings Over Due Process: A Constitutional Crisis (June 2008) , at 15, available at http://www.mynlada.org/michigan/michigan_report.pdf (last visited Mar. 16, 2009). 40. Iowa v. Tovar , 541 U.S. 77, 91 (2004). 41. Faretta v. California , 422 U.S. 806, 835 (1975). 42. See, e.g., State v. Chavis , 644 P.2d 1202, 1205 (Wash. 1982) (citing Von Moltke v. Gilles , 332 U.S. 708 (1948)). 43. American Bar Association, Pleas of Guilty, Standard 14-1.3(a). 44. Brennan Center for Justice at NYU Law School, Eligible for Justice (2008), at 11, available at http://www.brennancen- ter.org/content/resource/eligible_for_justice (last visited Mar. 16, 2009). 45. Rule 3.160(e) states: Defendant Not Represented by Counsel. Prior to arraignment of any person charged with the commission of a crime, if he or she is not represented by counsel, the court shall advise the person of the right to counsel and, if he or she is financially unable to obtain counsel, of the right to be assigned court-appointed counsel to represent him or her at the arraignment and at all subsequent proceedings. The person shall execute an affidavit that he or she is unable financially or otherwise to obtain counsel, and if the court shall determine the reason to be true, the court shall appoint counsel to represent the person. If the defendant, however, understandingly waives representation by counsel, he or she shall execute a written waiver of such representation, which shall be filed in the case. If coun- sel is appointed, a reasonable time shall be accorded to counsel before the defendant shall be required to plead to the indictment or information on which he or she is to be arraigned or tried, or otherwise to proceed further.
50
46. Gideon, 372 U.S. at 340, 344. 47. See Eligible for Justice , supra. n. 44, at 7-8. 48. M ODEL R ULES OF P ROFESSIONAL C ONDUCT 4.3 (2004).
49. Id. at 3.8(b). 50. Id. at 3.8(c). 51. Rothgery v. Gillespie County , 128 S. Ct. 2578 (2008). 52. Argersinger, 407 U.S. at 40. 53. Id. at 34. 54. American Bar Association House of Delegates Resolution 107, adopted August 9, 2005, available at http://www.abanet.org/legalservices/downloads/sclaid/indigentdefense/res107.pdf.
Minor Crimes, Massive Waste
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