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.
Equal Justice Under Law Act of 2016
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.
It 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.
Additionally, the bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to modify the Edward Byrne Memorial Justice Assistance Grant (JAG) program. Specifically, it requires a state or local government to consult with public defenders before distributing JAG funds to community organizations and local governments.
Referred to the Subcommittee on the Constitution and Civil Justice.
Introduced in Senate
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S4917-4918)
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