,,ii  #aaeth ,,congress  #ast ,session  
,s4 #cbh  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #g        
7legislative day1 ,february #f71        
#bjag,mr4 ,booker introduced the        
following bill2 which was read twice and
 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 ,amendments 

to the ,constitution of the ,united     
,states1 at the expense of the ,state4  
7b7 ,delegation ,if a ,state delegates  
fiscal or administrative authority over 
the indigent defense function to a      
political subdivision of the ,state1 the
 ,state shall secure effective          
assistance of counsel for the           
individual4  7c7 ,ineffective assistance
 ,for purposes of this section1 the     
assistance of counsel is ineffective if 
the performance of counsel was not      
reasonable under prevailing professional
 norms4  #c4 ,remedy  7a7 ,class action 
authorized ,if a ,state official or one 
or more of a political subdivision of   
the ,state fails on a systemic basis to 
guarantee the right to the assistance of
 effective counsel as guaranteed by the 
,sixth and ,fourteenth ,amendments to   
the ,constitution of the ,united        
,states1 an individual aggrieved by a   
violation of section #b may commence a  
civil class action in an appropriate    
district court 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      
doctrine established in ,younger v4     
,harris 7#dja ,u4,s4 #cg74  7c7         
,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  7d7        
,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  #d4 ,edward ,byrne ,memorial  
,justice ,assistance ,grant ,program    

,section #eja7;b7 of the ,omnibus ,crime
 ,control and ,safe ,streets ,act of    
#aifh 7#db ,u4,s4,c4 #cgea7;b77 is      
amended by inserting 1 in consultation  
with public defenders1 before may4