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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10403 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10403
To amend title 28, United States Code, with regard to counsel for
persons proceeding in forma pauperis.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 12, 2024
Mr. Sarbanes (for himself and Ms. Scanlon) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, with regard to counsel for
persons proceeding in forma pauperis.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Access to Legal Counsel Act of
2024''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The majority of cases filed by pro se litigants in
Federal court involve basic human needs such as physical and
mental health, safety, employment, and housing.
(2) The cases described in paragraph (1) are also a matter
of civil rights.
(3) Pro se litigants are unable to navigate such complex
cases without the assistance of counsel.
SEC. 3. COUNSEL IN CASES WHERE PERSONS ARE PROCEEDING IN FORMA
PAUPERIS.
Subsection (e) of section 1915 of title 28, United States Code, is
amended to read as follows:
``(e)(1) If a person appears without counsel, including in a
proceeding under title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.) or title VIII of such Act (42 U.S.C. 2000f et seq.), the
court shall inform the person of their ability to request counsel if
unable to afford counsel. Upon granting such request, the court may
appoint counsel for that person.
``(2) In evaluating whether to grant the request, a court
shall consider all of the following on the record to the degree
they are known to the court:
``(A) The person's ability to articulate claims,
investigate facts, respond to dispositive motions, and
otherwise participate, including--
``(i) any barriers to access created by
mental health, intellectual, cognitive, or
physical disabilities, incarceration or other
confinement, language or other communication
issues, and education or literacy level;
``(ii) the person's education and literacy
level; and
``(iii) any assistance the person has
received to date, including the sufficiency of
that assistance and whether it will be
available in the future.
``(B) The degree of factual investigation required.
``(C) The complexity of the legal and factual
questions.
``(D) The degree to which the claims turn on
credibility determinations, including the need for
cross-examination.
``(E) Whether the person has asserted any colorable
claims.
``(F) The need for expert testimony.
``(G) The court's willingness to aid the person in
presenting claims by, for example, explaining how to
introduce and move for the admission of evidence.
``(H) Whether any opposing party is represented by
counsel.
``(I) Any other factors the court considers
relevant, other than that pro se pleadings are
construed more liberally by the court.
``(3) The court may not deny a request on the grounds that
it has not yet ruled on dispositive motions, such as a motion
to dismiss or for summary judgment.
``(4) The court shall dismiss a case under this subsection
if--
``(A) the court determines that the allegation that
the person is unable to afford counsel is untrue; or
``(B) in a case in which no request for appointment
of counsel is made after the person is informed of the
right to make such request, the action or appeal--
``(i) is frivolous or malicious;
``(ii) fails to state a claim on which
relief may be granted; or
``(iii) seeks monetary relief against a
defendant who is immune from such relief.
``(5) The court may require the person to attempt to obtain
assistance from private counsel prior to evaluating the factors
above. However, upon receiving a request for counsel, the court
shall communicate to the person the number of attempts
required, if any, and shall not consider the person's inability
to secure private counsel as an indication of a lack of
colorable claims.
``(6) The court should consider whether to provisionally
appoint counsel for limited purposes, such as responding to a
particular motion, amending the complaint, representing a
person at mediation, conducting discovery, or investigating the
claims for purposes of providing a recommendation to the court
as to whether a full appointment is warranted.
``(7) Notwithstanding paragraphs (2) through (4), whenever
the court determines that the interests of justice so require,
representation may be provided for any financially eligible
person who is seeking relief under--
``(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.); or
``(B) title VIII of the Civil Rights Act of 1964
(42 U.S.C. 2000f et seq.).
``(8) To the extent the consideration of the factors
described in paragraph (2)(A) involves personal details not
otherwise at issue in the case, the court should take steps to
maintain the privacy of the details including, for instance,
sealed filings or in camera review. The other party or parties
to the action should not have access to these personal details.
To the extent the person has already shared personal details by
filing a publicly available document, the court should advise
him or her of the option to replace the filing with a redacted
or sealed copy in accordance with any applicable local or
Federal rules.
``(9) Any challenge to the appointment of counsel made by
an opposing party shall be limited to the potential prejudice
to that party, such as a delay in proceedings, and shall not
concern the personal factors considered by the court under
paragraph (2)(A).''.
SEC. 4. DATA COLLECTION.
Not later than 2 years after the date of the enactment of this Act,
and every 2 years thereafter, the Director of the Administrative Office
of the United States Courts. shall submit to Congress and make publicly
available a report on the subsection (e) of section 1915 of title 28,
United States Code, as amended by section 3 of this Act, which shall
include the following:
(1) With respect to persons for whom counsel was provided
pursuant to a request under section 1915(e)(1) of title 28,
United States Code, the types of cases. With respect to a
person for whom counsel was provided pursuant to a request
under section 1915(e)(1) of title 28, United States Code, the
type of case, length of time spent by counsel, and the outcome
of the matter for which such counsel was provided and outcomes
of the matters for which such counsel was provided.
(2) Benefits related to increased access to counsel and any
remaining barriers to access to counsel pursuant to requests
under such section 1915(e).
(3) Any changes in the frequency of requests made by courts
under such section 1915(e).
(4) Other changes to the functioning of the Federal courts,
including increases in efficiency of adjudication of cases and
changes in the number of cases resolved in favor of the party
for whom counsel was provided pursuant to a request under such
section 1915(e).
(5) Suggested changes to such section 1915 to ensure
greater access to justice for low-income litigants.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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