In Gideon v. Wainwright, 372 U. S. 335, the United States Supreme Court in 1963 held that an indigent defendant in a serious criminal prosecution in a state court has the right to have the court appoint an attorney to represent him. Since this decision the American Bar Association, local bar associations and court officials have been searching for means to provide adequate legal assistance to indigent persons and to improve the existing methods of so doing. In addition, studies have been undertaken to find means to release more readily on bail persons charged with minor crimes to enable them to return to their jobs and families and avoid confinement in jail for long periods awaiting trial. Many states have tried different systems of appointing counsel and for releasing persons on bail or recognizance, and some constructive changes have resulted.

Realizing the importance of these and related subjects, Governor Harrison by letter of June 29, 1964, requested the Virginia Advisory Legislative Council to study them.

The Council selected Joseph C. Hutcheson of Lawrenceville, member of the Senate and member of the Council, to serve as Chairman of the Committee to make the initial study and report to it. The following were chosen to serve with Senator Hutcheson on this Committee: Russell M. Carneal, member of the House of Delegates and a practicing attorney, Williamsburg; Joseph Curtis, Dean, Marshall-Wythe School of Law, College of William and Mary, Williamsburg; Ernest H. Dervishian, a practicing attorney, Richmond; Robert C. Fitzgerald, member of the Senate and a practicing attorney, Falls Church; J. Segar Gravatt, county judge and a practicing attorney, Blackstone; William J. Hassan, Commonwealth's Attorney, Arlington; E. W. Hening, Jr., Judge, Tenth Judicial Circuit, Richmond; W. Moscoe Huntley, Judge, Hustings Court, Richmond; Sterling Hutcheson, retired Judge of the United States District Court, Boydton; Ligon L. Jones, Judge, Third Judicial Circuit, Hopewell; Robert C. Nusbaum, a practicing attorney, Norfolk; Albert L. Philpott, member of the House of Delegates and a practicing attorney, Bassett; and C. Stuart Wheatley, a practicing attorney, Danville.

William T. Muse, Dean, T. C. Williams School of Law, Richmond, was appointed to serve on this Committee but asked to be excused because of the pressure of other business.

The Committee elected Albert L. Philpott Vice-Chafrman. John B. Boatwright, Jr. and Frank R. Dunham served as Secretary and Recording Secretary, respectively, to the Committee.

The Committee carefully considered the problems presented to it, held a public hearing in Richmond after wide publicity was given thereto and heard presentations from the American Bar Association, from Mr. Daniel J. Freed of the United States Department of Justice and from many other interested parties. After careful study and consideration, the Committee made its report to the Council. The Council has reviewed the report of the Committee and makes the following recommendations.