,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #ifh  ,,in ,,the ,,house ,,of   
,,representatives  ,february #g1        
#bjag,mr4 ,sean ,patrick ,maloney of    
,new ,york 7for himself1 ,mr4 ,cummings1
 and ,mr4 ,jeffries7 introduced the     
following bill2 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 process1 to confer          
jurisdiction upon the district courts of
 the ,united ,states to provide         
declaratory and injunctive relief       
against systemic violations of such     
right1 and for other purposes4  #a4     
,short title ,this ,act may be cited as 
the ,equal ,justice ,under ,law ,act of 
#bjag4  #b4 ,effective assistance of    
counsel  7a7 ,in general ,an indigent   
individual facing criminal prosecution  
or juvenile delinquency in a ,state     
court shall be entitled to the effective
 assistance of counsel1 as guaranteed by

 the ,sixth and ,fourteenth ,amendments1
 at the ,state's expense4 ,if the ,state
 delegates fiscal or administrative     
authority over the indigent defense     
function to one of its political        
subdivisions1 the ,state retains        
ultimate responsibility for securing    
counsel for the individual4  7b7        
,ineffective assistance ,the assistance 
of counsel is considered ineffective    
when a class can demonstrate that       
counsel's performance was not reasonable
 under prevailing professional norms4   
#c4 ,remedy  7a7 ,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 ,amendments1 
aggrieved persons may1 prior to         
conviction1 commence a civil class      
action in the district courts of the    
,united ,states to seek declaratory1    
injunctive1 or other equitable relief4  

7b7 ,abstention doctrine ,a court       
entertaining a petition for relief filed
 under this ,act need not apply the     
abstention restrictions articulated in  
,younger v4 ,harris 7#dja ,u4,s4 #cg74  
7c7 ,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 violation4  7d7 ,attorney's fees   
,in any action or proceeding under this 
section1 the court1 in its discretion1  
may allow the prevailing party1 other   
than a named official of a ,state or    
political subdivision of a ,state1 a    
reasonable attorney's fee as part of the
 costs4 ,in awarding an attorney's fee  
under this subsection1 the court1 in its
 discretion1 may include expert fees as 
part of the attorney's fee4  7e7        
,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 

counsel4