State v. Rush’s Empirical Analysis
1966
Citation profile
3 federal appellate · 10 district · 240 state decisions
How this case has been cited
Cited by 259 later decisions (2 by the Supreme Court) — most recently April 2016 · most notably Martin County, Florida v. Makemson Et Al.; And Okeechobee County, Florida v. Dennis Et Al. (1987), State v. Leonardis (1977)
3 federal appellate · 10 district · 240 state decisions — followed in 31 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 3006A (Criminal Justice Act) · 42 U.S.C. § 1994
Relies on Gideon v. Wainwright · Powell v. State of Alabama Patterson · Betts v. Brady · Ex parte Garland · Collopy v. Newark Eye and Ear Infirmary
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 259 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Indeed it is the special, and * * * exclusive responsibility of the judiciary to determine the obligation of the legal profession in this area. The duty to defend the indigent without charge is not a personal duty * * * [r]ather the duty is owed to the Court, and it is the Court’s call that [the attorney] is obliged to answer. * * * The duty thus is an incident of the license to practice law, and the power to deal with it must therefore repose in the branch of government charged with the responsibility for the terms and conditions of the right to practice. * * * * * * “The * * * question is whether we should continue to require members of the bar to absorb the full cost of the defense of the indigent. We think we should not. “Although as we said above the assignment of counsel without compensation (except in murder cases) has been the rule in this State since 1795, the burden of those assignments has increased vastly. The increase has been not only in the number of assignments, but also in the demand a criminal case makes upon counsel. * * * We are satisfied the burden is more than the profession alone should shoulder, and hence we are compelled to relieve the profession of it. “The burden thus passing to the taxpayers, the members of the bar, as taxpayers, will of course share in it. [However], we think the members of the bar should contribute something more, despite still other calls upon them for gratuitous service. To that end, the compensation should be less than that e”
6 later decisions quote this exact passage · from the majoritye.g. State v. Touchet · State v. Green“"We know of no data to support a claim that an assigned attorney fails or shirks in the least the full measure of an attorney's obligations to a client. Our own experience, both at the bar and on the bench, runs the other way. A lawyer needs no motivation beyond his sense of duty and his pride. [ State v. Rush, 46 N.J. 399, 405-07 , 217 A.2d 441, 444-45 (1966).]"”
5 later decisions quote this exact passage · from the majority“all necessary expenses incurred by the prosecutor for each county in the detection, arrest, indictment and conviction of offenders against the laws.”
3 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.