I 
116TH CONGRESS 
1ST SESSION H. R. 2868 
To incentivize States and localities to improve access to justice, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 21, 2019 
Mr. DEUTCH introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To incentivize States and localities to improve access to 
justice, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ensuring Quality Ac-
cess to Legal Defense Act of 2019’’ or the ‘‘EQUAL De-
fense Act of 2019’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is— 
(1) to protect the rights of defendants in crimi-
nal cases to due process and a fair trial under the 
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Fifth, Sixth, and Fourteenth Amendments to the 
Constitution of the United States, including the 
right to counsel in State criminal trials, as articu-
lated by the United States Supreme Court in Gideon 
v. Wainwright, 372 U.S. 335 (1963); 
(2) to collect data related to public defense in 
order to facilitate the development of evidence-based 
workload limits, and for other purposes; and 
(3) to ensure that public defender compensation 
reflects the constitutional imperative of the work and 
adequately incentivizes attorneys at all levels to pur-
sue a career in public defense. 
SEC. 3. DEFINITIONS. 
In this Act, except as otherwise provided in section 
6: 
(1) APPLICABLE COURT.—The term ‘‘applicable 
court’’, with respect to an eligible entity that is— 
(A) a State or unit of local government, 
means— 
(i) a court of the eligible entity; and 
(ii) a court of a unit of local govern-
ment within the eligible entity; and 
(B) a Tribal organization, means a court 
of the Indian Tribe. 
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(2) APPLICABLE
PUBLIC
DEFENDER’S
OF-
FICE.—The term ‘‘applicable public defender’s of-
fice’’, with respect to an eligible entity that is— 
(A) a public defender’s office, means the 
eligible entity; 
(B) a State or unit of local government, 
means— 
(i) the public defender’s office of the 
eligible entity; and 
(ii) a public defender’s office of a unit 
of local government within the eligible enti-
ty; and 
(C) a Tribal organization, means the pub-
lic defender’s office of the Tribal organization. 
(3) BASIS
OF
COMPENSATION.—The term 
‘‘basis of compensation’’ means the classification of 
the compensation of an employee into one of the fol-
lowing categories: 
(A) Hourly. 
(B) Flat rate. 
(C) Per case. 
(D) Salary. 
(4) CASE.— 
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(A) IN
GENERAL.—The term ‘‘case’’ in-
cludes all charges involved in a single incident 
of alleged criminal or delinquent conduct. 
(B) MULTIPLE DEFENDANTS.—If a charg-
ing document states that multiple defendants 
were involved in a single incident of alleged 
criminal or delinquent conduct, each defendant 
shall be counted as a separate case. 
(5) CASE TYPE.— 
(A) IN GENERAL.—The term ‘‘case type’’ 
means the classification of a client’s case into 
one of the following categories, as defined under 
State law: 
(i) Juvenile. 
(ii) Misdemeanor. 
(iii) Felony. 
(iv) Life without parole. 
(v) Capital or death penalty. 
(B) MULTIPLE
CHARGES.—If a case in-
volves multiple charges, the case type shall be 
determined according to the dominant charge. 
(6) CHIEF
PROSECUTOR.—The term ‘‘chief 
prosecutor’’, with respect to— 
(A) a State, means the attorney general of 
the State; 
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(B) a unit of local government, means the 
district attorney of the unit of local govern-
ment; and 
(C) a Tribal organization, means the lead 
prosecutor of the Tribal organization. 
(7) CHIEF
PUBLIC
DEFENDER.—The term 
‘‘chief public defender’’, with respect to a State, unit 
of local government, or Tribal organization, means 
the head of the public defender’s office of the State, 
unit of local government, or Tribal organization, re-
spectively. 
(8) CORRESPONDING PROSECUTOR’S OFFICE.— 
The term ‘‘corresponding prosecutor’s office’’, with 
respect to a public defender’s office, means the pros-
ecutorial unit that appears adverse to the public de-
fender’s office in criminal proceedings. 
(9) COVERED
GRANT.—The term ‘‘covered 
grant’’ means a grant awarded under section 4. 
(10) DOMINANT
CHARGE.—The term ‘‘domi-
nant charge’’, with respect to a case that involves 
multiple charges, means the charge that carries the 
most severe or lengthy maximum penalty. 
(11) ELIGIBLE ENTITY.—The term ‘‘eligible en-
tity’’ means a State, unit of local government, Tribal 
organization, or public defender’s office that, as of 
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the date of enactment of this Act and without re-
gard to the deadlines under section 4(b)— 
(A) has not developed and implemented a 
data collection process that meets the require-
ments under paragraph (1) of that section; 
(B) has not developed workload limits that 
meet the requirements under paragraph (2) of 
that section, or has developed such limits but is 
not in compliance with the limits; or 
(C) does not meet the compensation re-
quirements under paragraph (3) of that section. 
(12) FULL-TIME.—The term ‘‘full-time’’, with 
respect to an employee of a prosecutor’s office or 
public defender’s office, means an employee who 
works not less than 40 hours per week for that of-
fice. 
(13) PERIPHERAL CHARGE.—The term ‘‘periph-
eral charge’’, with respect to a case that involves 
multiple charges, means any charge that is not the 
dominant charge. 
(14) PROSECUTOR.—The term ‘‘prosecutor’’— 
(A) has the meaning given the term in sec-
tion 3001(b) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 
U.S.C. 10671(b)); and 
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(B) includes a full-time employee of a 
Tribal organization who— 
(i) is continually licensed to practice 
law; and 
(ii) carries out activities equivalent to 
those of a prosecutor referred to in sub-
paragraph (A). 
(15) 
PROSECUTOR’S
OFFICE; 
PUBLIC
DE-
FENDER’S OFFICE.—The terms ‘‘prosecutor’s office’’ 
and ‘‘public defender’s office’’ mean an agency or of-
fice of a State, unit of local government, or Tribal 
organization that employs prosecutors or public de-
fenders, respectively. 
(16) PUBLIC
DEFENDER.—The term ‘‘public 
defender’’— 
(A) has the meaning given the term in sec-
tion 3001(b) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 
U.S.C. 10671(b)); and 
(B) includes an attorney employed by a 
Tribal organization who— 
(i) is continually licensed to practice 
law; and 
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(ii) carries out activities equivalent to 
those of a public defender referred to in 
subparagraph (A). 
(17) STAFF ATTORNEY.—The term ‘‘staff attor-
ney’’, with respect to a prosecutor’s office or public 
defender’s office, means a prosecutor or public de-
fender who is not the chief prosecutor or chief public 
defender, respectively. 
(18) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 901 of title I of the 
Omnibus Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10251). 
(19) TRIBAL ORGANIZATION.—The term ‘‘Trib-
al organization’’ has the meaning given the term 
‘‘tribal organization’’ in section 4(l) of the Indian 
Self-Determination and Education Assistance Act 
(25 U.S.C. 5304(l)). 
(20) UNIT OF LOCAL GOVERNMENT.—The term 
‘‘unit of local government’’ has the meaning given 
the term in section 901 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10251). 
SEC. 4. PUBLIC DEFENSE GRANT PROGRAM. 
(a) GRANT AUTHORITY.— 
(1) IN GENERAL.— 
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(A) INITIAL GRANTS.—During the first 5 
fiscal years beginning after the date of enact-
ment of this Act, the Attorney General shall 
award a grant, to be used for public defense, to 
any eligible entity that commits to satisfying 
the requirements under subsection (b) and sec-
tion 5. 
(B) CONTINUING
GRANTS.—During the 
sixth fiscal year beginning after the date of en-
actment of this Act, and each fiscal year there-
after, the Attorney General shall award a grant 
to any eligible entity that— 
(i) commits to satisfying the require-
ments under section 5; 
(ii) certifies that the eligible entity is 
in compliance with— 
(I) the workload limits developed 
by the eligible entity under subsection 
(b)(2) of this section; and 
(II) the requirements under sub-
section (b)(3) of this section; and 
(iii) commits to using the grant funds 
for public defense. 
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(2) AMOUNT.—In applying for a grant under 
paragraph (1), an eligible entity shall request a 
grant amount that takes into account— 
(A) any technology and training required 
to meet the requirements under subsection 
(b)(1); and 
(B) the size of the justice system— 
(i) that the entity administers or in 
which the entity participates, as applicable, 
relative to the size of other justice systems 
in— 
(I) the United States, if the enti-
ty is a State or a public defender’s of-
fice of a State; or 
(II) the State in which the entity 
is located, if the entity is a unit of 
local government or a public defend-
er’s office of a unit of local govern-
ment; or 
(ii) of the Indian Tribe, if the entity 
is a Tribal organization or a public defend-
er’s office of a Tribal organization. 
(b) REQUIREMENTS.—The requirements for an eligi-
ble entity under this subsection are as follows: 
(1) DATA COLLECTION.— 
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(A) PROCESS.—During the first fiscal year 
for which the eligible entity receives a covered 
grant, the eligible entity shall develop and im-
plement a process for collecting the following 
data for full-time attorneys employed by each 
applicable public defender’s office during the 
fiscal year: 
(i) The mean and median number of 
hours per month worked per attorney. 
(ii) The mean and median percentage 
of hours per month spent with clients per 
attorney, excluding court appearances. 
(iii) The mean and median percentage 
of hours per month spent in court pro-
ceedings per attorney. 
(iv) The mean and median percentage 
of hours spent per month by a attorney 
on— 
(I) investigation; 
(II) research; 
(III) writing; and 
(IV) preparation. 
(v) The amount of attorney turnover, 
broken down by the level of experience and 
length of employment of the attorney. 
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(vi) The number of open cases as of 
the last day of the fiscal year, broken down 
by— 
(I) case type, including by— 
(aa) the dominant charge; 
and 
(bb) each peripheral charge; 
(II) the attorney, who shall be 
identified using an anonymized unique 
identifier; 
(III) the date on which the attor-
ney was appointed to the case; and 
(IV) the date on which the attor-
ney first met with the client. 
(vii) The number of cases closed dur-
ing the fiscal year, broken down by— 
(I) case type, including by— 
(aa) the dominant charge; 
and 
(bb) each peripheral charge; 
(II) the attorney, who shall be 
identified using an anonymized unique 
identifier; 
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(III) the date on which the case 
was referred to the public defender’s 
office; 
(IV) the date on which the attor-
ney was appointed to the case; and 
(V) the date on which the case 
was closed. 
(B) COLLECTION
AND
SUBMISSION
RE-
QUIREMENT.—For the second fiscal year, and 
each subsequent fiscal year, for which an eligi-
ble entity receives a covered grant, the eligible 
entity shall— 
(i) collect the data described in sub-
paragraph (A) with respect to that fiscal 
year; and 
(ii) submit the data to the Attorney 
General. 
(2) WORKLOAD LIMITS.— 
(A) DEVELOPMENT
OF
WORKLOAD
LIM-
ITS.—During the second fiscal year for which 
the eligible entity receives a covered grant, the 
eligible entity shall develop workload limits, 
based on the data collected under paragraph 
(1), that provide each full-time public defender 
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employed by an applicable public defender’s of-
fice with sufficient time to provide— 
(i) reasonably effective assistance of 
counsel pursuant to prevailing professional 
norms; and 
(ii) competent representation pursu-
ant to applicable rules of professional re-
sponsibility. 
(B) PERIODIC
UPDATES.—If the eligible 
entity receives covered grants under subsection 
(a)(1)(B), the eligible entity shall review and, 
as necessary, update the limits developed under 
subparagraph (A) of this paragraph not less 
frequently than once every 10 fiscal years. 
(3) PUBLIC DEFENDER COMPENSATION.—Dur-
ing the sixth fiscal year, and each subsequent fiscal 
year, for which the eligible entity receives a covered 
grant, the eligible entity shall satisfy the following 
requirements with respect to employees of each ap-
plicable public defender’s office (or, in the case of 
subparagraph (D), with respect to each private at-
torney appointed by an applicable court): 
(A) The rate and basis of compensation of 
the chief public defender shall be equivalent to 
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the rate and basis of compensation of the cor-
responding chief prosecutor. 
(B) The rate and basis of compensation of 
an entry-level full-time staff attorney shall be 
equivalent to the rate and basis of compensa-
tion of an entry-level full-time staff attorney 
employed by the corresponding prosecutor’s of-
fice. 
(C) The rate and basis of compensation of 
a non-entry-level full-time staff attorney shall 
be equivalent to the greater of— 
(i) the rate and basis of compensation 
of a full-time staff attorney employed by 
the corresponding prosecutor’s office who 
has the same number of years of experi-
ence working as a criminal attorney; or 
(ii) the rate and basis of compensa-
tion of a full-time staff attorney employed 
by the corresponding prosecutor’s office 
who has an equivalent supervisory or man-
agerial role. 
(D) In the case of an eligible entity that is 
not a public defender’s office, the rate of com-
pensation of a private attorney appointed by an 
applicable court to represent a defendant shall 
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be equivalent to the rate of compensation of an 
attorney appointed under section 3006A of title 
18, United States Code, by the United States 
district court for the Federal judicial district in 
which the applicable court is located, for the 
same or a similar type of case. 
(E) The rate and basis of compensation of 
a full-time investigator shall be equivalent to 
the rate and basis of compensation of a full- 
time 
investigator 
employed 
by 
the 
cor-
responding prosecutor’s office who has the same 
number of years of experience working as an in-
vestigator. 
(F) The rate and basis of compensation of 
a full-time paralegal shall be equivalent to the 
rate and basis of compensation of a full-time 
paralegal employed by the corresponding pros-
ecutor’s office who has the same number of 
years of experience working as a paralegal. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Attorney General 
to carry out this section— 
(1) $250,000,000 for each of the first 5 fiscal 
years beginning after the date of enactment of this 
Act; and 
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Tribal organization in achieving overall resource par-
ity between prosecution and public defense. 
(b) CERTIFICATIONS.— 
(1) DATA COLLECTION PROCESS.—For the first 
fiscal year for which an eligible entity receives a cov-
ered grant, the eligible entity shall submit to the At-
torney General a certification that the eligible entity 
has developed and implemented a data collection 
process in accordance with section 4(b)(1)(A). 
(2) WORKLOAD LIMITS.— 
(A) COMPLIANCE.—Subject to subpara-
graph (B), for the third fiscal year for which an 
eligible entity receives a covered grant, and 
each fiscal year thereafter, the eligible entity 
shall submit to the Attorney General a certifi-
cation that the eligible entity has complied with 
the workload limits developed under section 
4(b)(2). 
(B) REQUIREMENT.—If an eligible entity 
is unable to certify under subparagraph (A) 
that the eligible entity has complied with the 
workload 
limits 
developed 
under 
section 
4(b)(2)— 
(i) the eligible entity shall report to 
the Attorney General the number of addi-
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tional public defenders and the amount of 
additional funding needed to ensure com-
pliance with the limits developed under 
that section; and 
(ii) the Attorney General shall factor 
the information provided under clause (i) 
into the amount of the covered grant 
awarded to the eligible entity for the fol-
lowing fiscal year. 
(3) COMPENSATION PARITY.—For the sixth fis-
cal year, and each subsequent fiscal year, for which 
an eligible entity receives a covered grant, the eligi-
ble entity shall submit to the Attorney General a 
certification that the eligible entity is in compliance 
with section 4(b)(3). 
SEC. 6. REQUIREMENTS FOR STATES RECEIVING BYRNE 
JAG FUNDS. 
(a) DATA COLLECTION.— 
(1) IN GENERAL.—For any fiscal year begin-
ning after the date of enactment of this Act, a State 
that receives funds under subpart 1 of part E of 
title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10501 et seq.) shall 
submit to the Attorney General data on the fol-
lowing with respect to criminal cases heard by a 
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court of the State or of a unit of local government 
in the State during that fiscal year: 
(A) The number of cases for which a de-
fendant waived his or her right to counsel, and 
the number of charges in each case, broken 
down by race, ethnicity, and gender of the de-
fendant. 
(B) The number of cases for which a de-
fendant was represented in court by counsel 
who was publicly appointed, broken down by— 
(i) public defender, court-appointed 
private attorney, or contract attorney, and 
the number of charges in each case; and 
(ii) race, ethnicity, and gender of the 
defendant. 
(C) The number of cases for which a de-
fendant was represented in court by counsel 
who was not publicly appointed, and the num-
ber of charges in each case, broken down by 
race, ethnicity, and gender of the defendant. 
(2) 
APPLICABLE
CRIMINAL
OFFENSES.—A 
State shall submit data under paragraph (1) with 
respect to— 
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(A) criminal offenses for which a term of 
imprisonment of more than 1 year may be im-
posed; 
(B) criminal offenses for which a term of 
imprisonment of 1 year or less may be imposed, 
including misdemeanors, traffic violations, and 
violations of municipal ordinances; and 
(C) acts of juvenile delinquency or juvenile 
status offenses for which any term of detention 
may be imposed. 
(3) WITHHOLDING OF FUNDS.—If a State does 
not comply with paragraph (1) or (2) for a fiscal 
year, the Attorney General shall withhold from the 
State 20 percent of the funds that would otherwise 
be allocated to the State for the following fiscal year 
under subpart 1 of part E of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10501 et seq.). 
SEC. 7. FUNDING TO TRAIN PUBLIC DEFENDERS. 
(a) DEFINITION.—In this section, the term ‘‘eligible 
entity’’ means an entity that— 
(1) is— 
(A) an organization— 
(i) described in paragraph (3) or (6) 
of section 501(c) of the Internal Revenue 
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Code of 1986 and exempt from taxation 
under section 501(a) of such Code; or 
(ii) funded by a State or unit of local 
government; or 
(B) a State, unit of local government, In-
dian Tribal government, or political subdivision 
of an Indian Tribe; and 
(2) has a comprehensive educational program 
specific to public defenders that offers— 
(A) ongoing training and support; and 
(B) programming that includes— 
(i) skills training, including pretrial 
practice, negotiation skills, and trial skills; 
(ii) client-centered values; 
(iii) implicit bias training; 
(iv) leadership development; and 
(v) ongoing support to reinforce the 
training curriculum. 
(b) GRANTS.—The Attorney General shall award 
grants to eligible organizations to be used to train public 
defenders, court-appointed private attorneys, and contract 
attorneys. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Attorney General 
to carry out this section $5,000,000 for each of the first 
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5 fiscal years beginning after the date of enactment of 
this Act. 
SEC. 8. ENHANCEMENT OF STUDENT LOAN REPAYMENT 
PROGRAM. 
(a) REAUTHORIZATION.—Section 3001(j) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 
(34 U.S.C. 10671(j)) is amended— 
(1) by striking ‘‘this section $25,000,000’’ and 
inserting the following: ‘‘this section— 
‘‘(1) $25,000,000’’; and 
(2) by striking the period at the end and insert-
ing the following: ‘‘; and 
‘‘(2) $75,000,000 for each of fiscal years 2019 
through 2022.’’. 
(b) INCREASING LIMITS ON REPAYMENT AMOUNT.— 
Section 3001(d)(3)(A) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 
10671(d)(3)(A)) is amended— 
(1) in clause (i), by striking ‘‘$10,000’’ and in-
serting ‘‘$35,000’’; and 
(2) in clause (ii), by striking ‘‘$60,000’’ and in-
serting ‘‘$200,000’’. 
Æ 
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