Abe Krash, ’49, 1927-2024
Abe Krash, Who Fought for a Constitutional Right to Counsel, Dies at 97
Abe Krash, who as a junior partner at the law firm Arnold, Fortas & Porter played a critical role in Gideon v. Wainwright, the 1963 case in which the Supreme Court unanimously declared a right to counsel in criminal cases, died on July 6 at his home in Chevy Chase, Md. He was 97.
His daughter Jessica Krash confirmed the death.
The Gideon decision is widely considered one of the most significant of the 20th century, part of a string of cases in which the Supreme Court under Chief Justice Earl Warren shored up Americans’ civil liberties in the face of the criminal justice system.
The case centered on a Florida man named Clarence Earl Gideon, who had been arrested in 1961 after breaking into a pool hall and stealing money from a vending machine. The judge denied his request for legal counsel, forcing him to mount his own defense. He was found guilty and sentenced to five years in prison.
Mr. Krash’s involvement began in 1962, when Abe Fortas, one of his firm’s senior partners, called him into the office. Mr. Gideon had sent a handwritten plea to the Supreme Court, saying his constitutional rights had been violated and requesting that it take up his case.
The court agreed and asked Mr. Fortas to handle the case, perhaps because he and the firm’s founding partners, all veterans of the New Deal, were strong advocates for civil liberties. Mr. Fortas, in turn, assigned Mr. Krash to research every aspect of the case and help draft a brief.
As chronicled by Anthony Lewis of The New York Times in his book “Gideon’s Trumpet” (1964), Mr. Fortas dictated the overall strategy, but he left it to Mr. Krash to flesh it out.
Read more at The New York Times