The Independent Accountability & Conflict-Free Representation Act

(“Justice Without Conflict Act”)

Section 1. Short Title

This Act shall be known and may be cited as the “Independent Accountability & Conflict-Free Representation Act.”

Section 2. Legislative Findings and Purpose

The Legislature finds that:

  1. Public trust in law enforcement and correctional institutions is undermined when government attorneys represent public employees accused of serious misconduct involving:

  • Excessive or unlawful use of force;

  • Deliberate indifference to serious medical needs;

  • Custodial deaths;

  • Civil rights violations;

  • Medical neglect;

  • Torture, abuse, or retaliatory conduct.

  1. Attorneys General and government legal offices are entrusted to represent the interests of the public and the State—not individual government employees accused of violating constitutional and human rights protections.

  2. The representation of correctional officers, police officers, supervisors, medical contractors, or correctional administrators by the Attorney General's Office in matters involving allegations of brutality or medical neglect creates:

  • An inherent conflict of interest;

  • Barriers to accountability;

  • Chilling effects on victims and witnesses;

  • Public distrust in investigative outcomes.

  1. Individuals alleging constitutional violations under color of law deserve confidence that investigations and legal proceedings are conducted independently and without institutional bias.

  2. Serious allegations involving abuse, excessive force, or medical neglect in custodial settings implicate fundamental rights protected under:

  • The United States Constitution;

  • The Eighth Amendment;

  • The Fourteenth Amendment;

  • State constitutional protections;

  • Federal civil rights statutes; and

  • International human rights principles.

Section 3. Definitions

(a) “Government Attorney”

Means the Office of the Attorney General, state-employed counsel, county counsel, municipal legal departments, or any publicly funded legal representative acting on behalf of a governmental entity.

(b) “Covered Employee”

Means:

  • Correctional officers;

  • Police officers;

  • Sheriffs;

  • Deputy sheriffs;

  • Parole officers;

  • Correctional administrators;

  • Prison medical staff;

  • Law enforcement supervisors; and

  • Any employee acting under color of law.

(c) “Covered Misconduct”

Means any allegation involving:

  • Excessive use of force;

  • Assault or battery;

  • Unlawful restraint;

  • Deliberate indifference to medical needs;

  • Denial or delay of medical treatment;

  • Custodial death;

  • Retaliation;

  • Civil rights violations;

  • Torture;

  • Sexual abuse;

  • Falsification of records;

  • Obstruction of investigations; or

  • Constitutional violations occurring during custody or detention.

Section 4. Prohibition on Government Representation

(a)

No government attorney or publicly funded legal office shall represent any covered employee in any civil, administrative, or criminal proceeding arising from covered misconduct.

(b)

No taxpayer funds shall be used to provide legal defense for covered employees accused of conduct described under this Act.

(c)

Covered employees subject to allegations under this Act shall obtain private legal counsel at their own expense or through independent union representation.

Section 5. Independent Counsel Requirement

(a)

In any matter involving alleged excessive force, custodial abuse, or medical neglect, the State shall appoint an independent special prosecutor or independent review counsel with no affiliation to:

  • The employing agency;

  • The Attorney General’s Office;

  • The Department of Corrections;

  • Local law enforcement agencies; or

  • The governmental entity involved.

(b)

Independent counsel shall possess full authority to:

  • Investigate misconduct;

  • Issue subpoenas;

  • Compel production of records;

  • Recommend criminal charges;

  • Initiate civil enforcement actions; and

  • Refer matters for federal review.

Section 6. Preservation of Evidence

Upon any allegation of covered misconduct:

All body camera footage, surveillance recordings, medical records, incident reports, communications, and electronic data shall be preserved immediately.

Destruction, alteration, concealment, or tampering with evidence shall constitute:

  • A felony offense;

  • Grounds for immediate termination; and

  • Mandatory referral for criminal prosecution.

Section 7. Transparency Requirements

(a)

Government agencies shall publicly disclose:

  • The identity of independent counsel;

  • The status of investigations;

  • Disciplinary outcomes; and

  • Settlement amounts related to covered misconduct.

(b)

No confidentiality agreement shall prohibit victims or families from speaking publicly regarding allegations of abuse or medical neglect.

Section 8. Whistleblower Protection

Any employee, incarcerated individual, medical provider, or civilian witness reporting covered misconduct shall be protected against:

  • Retaliation;

  • Intimidation;

  • Transfer;

  • Disciplinary action;

  • Harassment; or

  • Threats.

Violations of this section shall constitute separate civil rights violations.

Section 9. Civil Remedies

Victims or surviving family members may bring civil actions for:

  • Compensatory damages;

  • Punitive damages;

  • Attorney’s fees;

  • Injunctive relief;

  • Declaratory relief; and

  • Independent monitoring orders.

Qualified immunity defenses shall not apply where clear constitutional violations or deliberate indifference are established.

Section 10. Federal Referral Provision

Any case involving:

  • Custodial death;

  • Permanent disability;

  • Denial of emergency medical care;

  • Repeated excessive force complaints; or

  • Systemic institutional misconduct,

shall be automatically referred to the Civil Rights Division of the United States Department of Justice for review under the Civil Rights of Institutionalized Persons Act (CRIPA).

Section 11. Effective Date

This Act shall take effect immediately upon enactment and shall apply to all pending and future cases involving covered misconduct.

Section 12. Severability

If any provision of this Act is held invalid, the remaining provisions shall remain in full force and effect.

Proposed Legislative Intent Statement

“No government should use taxpayer-funded attorneys to shield public employees from accountability when human beings suffer brutality, medical neglect, or death in custody. The people deserve independent justice—not institutional self-protection. Public service must never become a shield against the Constitution, and accountability must belong to the people, not the institutions accused of violating their rights.”