Title: Equal Justice Under Law Act of 2017
Policy area: Crime and Law Enforcement

Summary:
Equal Justice Under Law Act of 2017
This bill states that an indigent individual facing criminal prosecution or juvenile delinquency in a state court is entitled to the effective assistance of counsel, as guaranteed by the Sixth and Fourteenth Amendments, at the state's expense.
The bill authorizes a federal class action lawsuit against a state for its systemic failure to guarantee the right to effective assistance of counsel. The assistance of counsel is ineffective when a class of individuals demonstrates that counsel's performance was not reasonable under prevailing professional norms.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 968 Introduced in House (IH)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equal Justice Under Law Act of 
2017''.

SEC. 2. EFFECTIVE ASSISTANCE OF COUNSEL.

    (a) In General.--An indigent individual facing criminal prosecution 
or juvenile delinquency in a State court shall be entitled to the 
effective assistance of counsel, as guaranteed by the Sixth and 
Fourteenth Amendments, at the State's expense. If the State delegates 
fiscal or administrative authority over the indigent defense function 
to one of its political subdivisions, the State retains ultimate 
responsibility for securing counsel for the individual.
    (b) Ineffective Assistance.--The assistance of counsel is 
considered ineffective when a class can demonstrate that counsel's 
performance was not reasonable under prevailing professional norms.

SEC. 3. REMEDY.

    (a) Class Action Authorized.--If a State official or one or more of 
a State's political subdivisions fails on a systemic basis to guarantee 
the right to the assistance of effective counsel as guaranteed by the 
Sixth and Fourteenth Amendments, aggrieved persons may, prior to 
conviction, commence a civil class action in the district courts of the 
United States to seek declaratory, injunctive, or other equitable 
relief.
    (b) Abstention Doctrine.--A court entertaining a petition for 
relief filed under this Act need not apply the abstention restrictions 
articulated in Younger v. Harris (401 U.S. 37).
    (c) Burden of Proof.--Members of the class shall have the burden of 
establishing that there is a likelihood of imminent and irreparable 
injury from that violation.
    (d) Attorney's Fees.--In any action or proceeding under this 
section, the court, in its discretion, may allow the prevailing party, 
other than a named official of a State or political subdivision of a 
State, a reasonable attorney's fee as part of the costs. In awarding an 
attorney's fee under this subsection, the court, in its discretion, may 
include expert fees as part of the attorney's fee.
    (e) Savings Provision.--Nothing in this section shall restrict any 
right that any individual has under any other statute or under common 
law to seek redress for a violation of the right to counsel.
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