Sec. 3. Remedy

197 words·~1 min read·/bill/114/s/3144/is/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 States, 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. A court entertaining a petition for relief filed under this Act need not apply the abstention doctrine established in Younger v.

Harris (401 U.S. 37). 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. 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.

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401 U.S. 37

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Sec. 3

Remedy

SCOTUS401 U.S. 37

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