S. 5247 — Introduced in Senate

II 117th CONGRESS 2d Session S. 5247 IN THE SENATE OF THE UNITED STATES December 13, 2022Mr. Booker introduced the following bill; 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 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 2022. 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 Amendment and the 14th Amendment to the Constitution of the United States, at the expense of the State. (b) Delegation Each State shall secure effective assistance of counsel for indigent defendants, regardless of whether the State delegates fiscal or administrative authority over the indigent defense function to a political subdivision of the State. (c) Ineffective assistance For purposes of this section, the assistance of counsel is ineffective if the performance of counsel was not reasonable under prevailing professional norms. 3. Remedy (a) Class action authorized (1) In general If a State official or 1 or more political subdivisions of the State fails on a systemic basis to guarantee the right to the assistance of effective counsel as guaranteed by the Sixth Amendment and the 14th Amendment to the Constitution of the United States, including delay of counsel and denial of counsel at critical stages including bail hearings, an individual aggrieved by a violation of section 2 may commence a civil class action in an appropriate district court of the United States to seek declaratory, injunctive, or other equitable relief. (2) Evidence To prevail in a class action described in paragraph (1), structural evidence, such as statistics and national standards, may be probative of the existence of systemic denials of counsel and may be sufficient evidence, if the trier of fact is persuaded by a preponderance of all evidence presented at trial. (b) 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. (c) 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. 4. Edward Byrne Memorial Justice Assistance Grant Program Section 501(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) is amended by inserting , in consultation with public defenders, before may.