Tag: litigation – systemic

Pennsylvania Supreme Court recognizes indigent defendants’ right to sue before receiving ineffective representation

Pleading the Sixth: On September 28, 2016, the Pennsylvania Supreme Court ruled that indigent defendants have the right to challenge systemic deficiencies at the outset of a case before having to suffer from actual or constructive denial of counsel. Moreover, the

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ACLU sues Idaho; statutory changes too slow to implement

Pleading the Sixth: One June 17, 2015 the American Civil Liberties Union (ACLU) filed a class action lawsuit against the state of Idaho for failing to ensure a meaningful right to counsel. Wait a minute… didn’t the State of Idaho

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Georgia consent decree requires competent counsel for children and adults

The right to counsel for children and adults in four counties in Georgia should soon be much closer to meeting minimum constitutional demands. The structural changes will come about as the result of a class action lawsuit challenging the effectiveness

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US DOJ enters Statement of Interest in NYCLU class action lawsuit

Pleading the Sixth: The U.S. Department of Justice entered a Statement of Interest in a class action lawsuit brought by the New York Civil Liberties Union alleging egregious Sixth Amendment violations in that state. Importantly, the Statement denotes DOJ’s position

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ACLU files federal 6th Amendment class action lawsuit against a Mississippi County

Pleading the Sixth: On September 23, 2014, the American Civil Liberties Union (ACLU) filed a complaint in U.S. District Court alleging that Scott County, Mississippi routinely detains felony defendants pre-trial without bail while failing to appoint counsel until after formal

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Montana caseload challenge results in a significant increase in resources

Pleading the Sixth: In September 2013, the Montana Office of the State Public Defender filed a motion seeking to decline new cases in two courts of limited jurisdiction. Though the lower court found in October of that year that it

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