Ex Parte Gonzales’s Empirical Analysis

Citation profile

27 state decisions

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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the right to counsel turns on whether deprivation of liberty may result from a proceeding, not upon its characterization as "criminal" or "civil." "No person may be deprived of his liberty who has been denied the assistance of counsel ...." Argersinger v. Hamlin , 407 U.S. 25 , 37-38, 92 S.Ct. 2006 , 2013, 32 L.Ed. 2d 530 (1972). Contemnors are entitled to procedural due process protections before they may be held in contempt; this is especially true when the results of a contempt proceeding may lead to incarceration. We note that several federal circuits addressing this issue have held that a defendant in a contempt proceeding who faces imprisonment as a result of the proceeding is entitled to representation. See, e.g. , United States v. Anderson , 553 F.2d 1154 , 1155 (8th Cir. 1977) (stating due process requires right to counsel be extended to contempt proceeding where defendant may be imprisoned); In re Di Bella , 518 F.2d 955 , 959 (2nd Cir. 1975) (holding defendant entitled to counsel in civil contempt proceeding where defendant faced with prospect of imprisonment); see also United States v. Bobart Travel Agency, Inc. , 699 F.2d 618 , 620 (2nd Cir. 1983) (recognizing "contempt is an area of the law in which counsel's advice is often indispensable"); Brooks v. United States , 686 A.2d 214 , 233 (D.C. App. 1996) (Ruiz, J., concurring) (due process requires assistance of counsel in contempt proceedings that result in incarceration); Wisconsin v. Pultz , 206 Wis. 2d 112 , 5”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Diaz

2. “The record of the hearing demonstrates that [the defendant] did not understand the proceeding and repeatedly asked the judge for explanations. [The defendant] did not put on any evidence nor did she argue in her own behalf. The judge held [the defendant] in contempt and sentenced her to ninety days in jail. The judge provided that [the defendant's] sentence would be suspended after thirty days if [she] paid ... $750.00, the amount past due on her court ordered payments.”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Diaz

3. “The right to counsel is fundamental and essential to a fair trial.... It is well settled that the Sixth Amendment right to counsel is not forfeitable, but may only be waived by the conscious and intelligent decision of the person who holds the right.”

   1 later decision quote this exact passage
   e.g. State v. Provost