I 

115TH CONGRESS 

1ST SESSION H. R. 968 

To enforce the Sixth Amendment right to the assistance of effective counsel 

at all stages of the adversarial process, to confer jurisdiction upon the 

district courts of the United States to provide declaratory and injunctive 

relief against systemic violations of such right, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2017 

Mr. SEAN PATRICK MALONEY of New York (for himself, Mr. CUMMINGS, and 

Mr. JEFFRIES) introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To enforce the Sixth Amendment right to the assistance 

of effective counsel at all stages of the adversarial process, to confer jurisdiction upon the district courts of 

the United States to provide declaratory and injunctive 

relief against systemic violations of such right, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Equal Justice Under 

5 Law Act of 2017’’. 


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1 SEC. 2. EFFECTIVE ASSISTANCE OF COUNSEL. 

2 (a) IN GENERAL.—An indigent individual facing 

3 criminal prosecution or juvenile delinquency in a State 

4 court shall be entitled to the effective assistance of coun5 sel, as guaranteed by the Sixth and Fourteenth Amend6 ments, at the State’s expense. If the State delegates fiscal 

7 or administrative authority over the indigent defense func8 tion to one of its political subdivisions, the State retains 

9 ultimate responsibility for securing counsel for the indi10 vidual. 

11 (b) INEFFECTIVE ASSISTANCE.—The assistance of 

12 counsel is considered ineffective when a class can dem13 onstrate that counsel’s performance was not reasonable 

14 under prevailing professional norms. 

15 SEC. 3. REMEDY. 

16 (a) CLASS ACTION AUTHORIZED.—If a State official 

17 or one or more of a State’s political subdivisions fails on 

18 a systemic basis to guarantee the right to the assistance 

19 of effective counsel as guaranteed by the Sixth and Four20 teenth Amendments, aggrieved persons may, prior to con21 viction, commence a civil class action in the district courts 

22 of the United States to seek declaratory, injunctive, or 

23 other equitable relief. 

24 (b) ABSTENTION DOCTRINE.—A court entertaining a 

25 petition for relief filed under this Act need not apply the 


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1 abstention restrictions articulated in Younger v. Harris 

2 (401 U.S. 37). 

3 (c) BURDEN OF PROOF.—Members of the class shall 

4 have the burden of establishing that there is a likelihood 

5 of imminent and irreparable injury from that violation. 

6 (d) ATTORNEY’S FEES.—In any action or proceeding 

7 under this section, the court, in its discretion, may allow 

8 the prevailing party, other than a named official of a State 

9 or political subdivision of a State, a reasonable attorney’s 

10 fee as part of the costs. In awarding an attorney’s fee 

11 under this subsection, the court, in its discretion, may in12 clude expert fees as part of the attorney’s fee. 

13 (e) SAVINGS PROVISION.—Nothing in this section 

14 shall restrict any right that any individual has under any 

15 other statute or under common law to seek redress for 

16 a violation of the right to counsel. 

Æ 


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