As stated in Brewer v. Williams, 430 U.S. 387 (1977), the right to counsel "means at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, 'whether by way of formal charge, preliminary hearing, indictment, information, or arraignment.
"[11] In Johnson v. Zerbst, the Supreme Court ruled that in all federal cases, counsel would have to be appointed for defendants who were too poor to hire their own.
It held in Hamilton v. Alabama that counsel had to be provided at no expense to defendants in capital cases when they so requested, even if there was no "ignorance, feeble mindedness, illiteracy, or the like.
"[14] Gideon v. Wainwright explicitly overruled Betts v. Brady and found that counsel must be provided to indigent defendants in all felony cases.
[18] Mere formal appointment of counsel does not satisfy Sixth Amendment's constitutional guarantees;[19] instead, a criminal defendant is entitled to reasonably competent representation.
The Court ultimately concluded that, in light of these rules, a state may require an otherwise competent criminal defendant to proceed to trial with the assistance of counsel.
For the Court, it was "common sense" that a defendant's mental illness might impair his ability to accomplish these tasks—tasks that any lawyer must if he is to press his client's case effectively.
"A right of self-representation at trial will not affirm the dignity of a defendant who lacks the mental capacity to conduct his defense without the assistance of counsel."
In this case, the Court repeated the Brewer condition that the Sixth Amendment right to counsel attaches after the commencement of adverse judicial criminal proceedings, and that the right exists only during pre-trial confrontations that can be considered "critical stages" during adverse judicial criminal proceedings.
The New Jersey Supreme Court unanimously held that, regardless of whether the proceeding is labeled as civil, criminal, or administrative, if a defendant faces a loss of liberty, she or he is entitled to appointed counsel if indigent.