Equal Justice Under Law Act of 2017

Bill: 115-hr-968
Sponsor: full_name: Rep. Maloney, Sean Patrick [D-NY-18]
Introduced: 2017-02-07
Policy area: Crime and Law Enforcement
Subjects: Civil actions and liability

Constitution and constitutional amendments

Criminal investigation, prosecution, interrogation

Criminal procedure and sentencing

Juvenile crime and gang violence

Lawyers and legal services

Legal fees and court costs

State and local courts
Latest action: action_date: 2017-03-09
text: Referred to the Subcommittee on the Constitution and Civil Justice.

Summaries:
action_date: 2017-02-07
action_desc: Introduced in House
text: <p><b>Equal Justice Under Law Act of </b><b>2017</b></p> <p>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.</p> <p>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.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 968 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. Short title This Act may be cited as the Equal Justice Under Law Act of 2017 . 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. 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.