Sponsors (15)
Last progress June 6, 2025 (8 months ago)
Introduced on June 6, 2025 by Summer Lee
Referred to the House Committee on the Judiciary.
Creates a federal grant program that funds legal representation and training after arrest by allowing the Attorney General to award grants to States, local governments, public defender offices, Tribal organizations, and nonprofits. It authorizes $50 million per year for fiscal years 2026–2030 to support counsel at early proceedings (including initial appearance) and related training and staffing. Affirms that the constitutional right to counsel from Gideon v. Wainwright applies to all proceedings that occur after an arrest, expanding clarity about when states must provide a lawyer.
Authorizes the Attorney General to make grants to States, units of local government, and public defender offices to provide legal representation to individuals in judicial proceedings occurring after arrest, including at initial appearance.
Authorizes the Attorney General to make grants to States, units of local government, and non-profit organizations to provide training to public defenders, court-appointed attorneys, and contract attorneys on best practices for representing individuals in the judicial proceedings described in subsection (a).
Entities seeking a grant must submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require.
When determining grant amounts, the Attorney General must consider (1) the cost of any technology and training the entity will require to provide the services or training under this section, and (2) the size of the justice system the entity administers or participates in relative to other justice systems, with the applicable comparison being (A) the United States for States or State public defender offices, (B) the State for units of local government or their public defender offices (other than Indian Tribes), or (C) the Indian Tribe for Tribal organizations or their public defender offices.
Authorizes $50,000,000 to be appropriated to the Attorney General for each of fiscal years 2026 through 2030 to carry out this section.
Who is affected and how
People arrested or detained: Most directly benefit through increased access to legal counsel at initial appearances and other post-arrest proceedings if jurisdictions receive and use grant funds to expand representation.
Public defender offices and nonprofit defense providers: Can receive federal grant support to hire attorneys, increase staffing, pay for training, reduce caseload pressure, and improve early representation capacity.
State and local governments and Tribal organizations: Eligible to apply for grants; those that win awards can offset local costs of providing indigent defense and build local defense infrastructure. Jurisdictions that do not apply or do not receive grants will see no direct federal funding benefit.
Courts and public safety system: Greater availability of counsel at early proceedings may change pretrial processes (e.g., bail hearings, charging decisions) and could affect caseflow, pretrial detention rates, and plea negotiation timing.
Federal budget and fiscal considerations: The bill authorizes $250 million across five fiscal years (2026–2030) but does not appropriate funds; actual fiscal outlays depend on future appropriations. Implementation will require DOJ administrative capacity to run the grant program.
Legal landscape and states’ obligations: The explicit statutory statement extending Gideon to all post-arrest proceedings may prompt changes in state practice and could lead to litigation clarifying scope and enforcement. States already providing early counsel may use grants to enhance services; states that do not may face pressure to expand services or seek federal funds.
Potential challenges and considerations