On the recordFebruary 23, 2021
I thank the distinguished gentlewoman, my good friend from Texas (Ms. Jackson Lee), for yielding and for her tremendous leadership on so many different criminal justice issues, including with respect to this particular piece of legislation. I thank the distinguished gentleman from North Carolina (Mr. Bishop) for his support as well. I rise to support H.R. 546, the Effective Assistance of Counsel in the Digital Era Act, a critical bipartisan bill to protect the constitutional right to effective representation. This legislation passed the House last Congress, and I urge my colleagues to pass it once again today. The Sixth Amendment to the Constitution provides that in all criminal prosecutions, the accused shall have the assistance of counsel for his or her defense. An attorney must be fully informed about the facts of the case in order to effectively represent a client and provide the best possible legal advice and guidance. That is why confidential communication between attorneys and their clients is so critical and why the attorney-client privilege must be protected. In Lanza v. New York, the Supreme Court stated that even in a jail, or perhaps especially there, the relationships which the law has endowed with particularized confidentiality must continue to receive unceasing protection. There are nearly 124,000 individuals currently in BOP custody, many of whom are in pretrial detention and have not been convicted of a crime.…





