Should States That Fail to Provide the Poor With Effective Legal Counsel Need to Face Class Action Lawsuits? (H.R. 5124)

What is H.R. 5124?

(Updated January 20, 2018)

This bill would allow federal class action lawsuits to be filed against states that systematically fail to guarantee the right to effective legal counsel for people facing criminal prosecution for a felony or juvenile delinquency that can’t afford an attorney of their own.

It reiterates that the right of individuals facing criminal prosecution or juvenile delinquency proceedings are guaranteed the right to effective counsel by the Sixth and Fourteenth Amendments of the U.S. Constitution.

Argument in favor

The Constitution entitles all defendants in criminal cases the right to legal counsel, and if state or local governments are failing in that responsibility they should face class action lawsuits in federal court.

Argument opposed

There are better ways to address the challenges faced by public defenders at the state and local level than letting the governments supporting those attorneys face class action lawsuits in federal court.

Impact

Indigent defendants; public defenders; state and local governments; and federal courts.

Cost of H.R. 5124

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Sean Patrick Maloney (D-NY) introduced this bill to address the indigent defense crisis facing many state and local governments across the country:

“Fifty-three years after the Supreme Court reaffirmed our constitutional right to an attorney, public defenders are still juggling hundreds of cases and defendants are still meeting their lawyers only minutes before entering a guilty plea. The Equal Justice Under Law Act introduces a vital step to repair our broken system by giving indigent defendants the tools they need to secure their right to effective counsel before it is too late – giving all Americans, regardless of the size of their paycheck, equal justice under the law.”

This legislation has the support of 16 cosponsors in the House, all of whom are Democrats.

Of Note: According to a Brennan Center report cited by the bill’s sponsor, there are states and counties in the U.S. where public defenders are responsible for more than 300 cases at a time, and 75 percent of county-funded public defender offices have caseloads exceeding recommended standards.

Media:

• Sponsoring Rep. Sean Patrick Maloney (D-NY) Press Release
• Huffington Post
• The Constitution Project (In Favor)