Cite as: 535 U. S. 654 (2002)
Opinion of the Court
Bill Pryor, Attorney General of Alabama, argued the cause for petitioner. With him on the briefs were Sandra Jean Stewart and Stephanie N. Morman, Assistant Attorneys General.
Charles Fried, by invitation of the Court, 534 U. S. 987 (2001), argued the cause and filed a brief as amicus curiae in opposition to the judgment below.
William H. Mills argued the cause and filed a brief for respondent.
Steven Duke argued the cause for the National Association of Criminal Defense Lawyers as amicus curiae urging affirmance. With him on the brief were Thomas F. Liotti and David M. Porter.*
Justice Ginsburg delivered the opinion of the Court. This case concerns the Sixth Amendment right of an indi-gent defendant charged with a misdemeanor punishable by imprisonment, fine, or both, to the assistance of court-appointed counsel. Two prior decisions control the Court's judgment. First, in Argersinger v. Hamlin, 407 U. S. 25 (1972), this Court held that defense counsel must be appointed in any criminal prosecution, "whether classified as petty, misdemeanor, or felony," id., at 37, "that actually leads to imprisonment even for a brief period," id., at 33. Later, in Scott v. Illinois, 440 U. S. 367, 373-374 (1979), the Court drew the line at "actual imprisonment," holding that counsel need not be appointed when the defendant is fined for the charged crime, but is not sentenced to a term of imprisonment.
*A brief of amici curiae urging reversal was filed for the State of Texas et al. by John Cornyn, Attorney General of Texas, Gregory S. Coleman, Solicitor General, S. Kyle Duncan, Assistant Solicitor General, Carter G. Phillips, Gene C. Schaerr, Paul J. Zidlicky, and Rebecca K. Smith, and by the Attorneys General for their respective States as follows: M. Jane Brady of Delaware, Richard P. Ieyoub of Louisiana, Mike McGrath of Montana, Don Stenberg of Nebraska, Betty D. Montgomery of Ohio, and Randolph A. Beales of Virginia.
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