Question:

How much does it cost to have a case heard in the Supreme Court?

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and are States automatically responsible for providing a public defender capable of bringing a case to the Supreme Court level?

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  1. It can be costly, because you have to start at the lowest court possible and move it through each appelate court before it reaches the Supreme Court...  and its not guaranteed the Supreme Court will hear the case.  You are only provided a public defender if it is a criminal case, so you would have to have been convicted of a crime to get a public defender.


  2. It costs a LOT.

    And yes, if the supreme court agrees to hear a case that the state is prosecuting, the state would have to provide a public defender.

  3. In a nutshell: A lot of money, and probably not.

    To bring a case on your own would be quite pricey. Attorney's fees are pretty hefty, and cases can take years to reach the Court. I can't give you an exact number--that depends on which lawyer one hires, how many one hires, and how long the case takes. It would probably be at least in the hundreds of thousands of dollars. For this reason among others, many cases are brought or supported by organizations like the ACLU, which has the time and resources that the average citizen does not.

    The government's responsibility to pay for a public defender varies with the case. In most cases, it wouldn't be necessary, because the Sixth Amendment only applies to criminal trials, not civil matters, which make up the bulk of the Court's cases. Ordinary criminal trials are almost always decided at lower levels, unless there is a question of constitutional rights.

    Gideon v. Wainwright is the most famous example of that--Gideon was accused of robbery in a state court and not given counsel (because the Court had not yet affirmed that the Sixth Amendment applied to the states as well as the federal government.) From prison, he filed a petition to be heard by the Court, which appointed him Abe Fortas, a prominent attorney who would later be appointed to the Court.  The Court then decided that counsel must be appointed to defendants in serious criminal cases in the states.

    But, as I said, criminal cases never make it to the Court. When they do, it's because of another issue--a constitutional one, usually--that attracts the attention of someone willing to pay.

    So, if you want to bring a suit, find an organization that will take up your cause. Uncle Sam most likely won't foot this bill.

  4. Very few criminal cases reach the Supreme Court.  Those that do usually present important precedent-setting issues, such as the right to assistance of counsel for felony charges (public defenders, if you can't afford a lawyer), and the right to be informed of your rights when you are arrested.  Often lawyers will take these courses "pro bono" (for free) for the opportunity to argue the issue before the court.  But yes, as people have noted, it is otherwise costly to take a case up to the Supreme Court.

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