I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Access to Legal 

5 Counsel Act of 2024’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The majority of cases filed by pro se liti9 gants in Federal court involve basic human needs 


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1 such as physical and mental health, safety, employ2 ment, and housing. 

3 (2) The cases described in paragraph (1) are 

4 also a matter of civil rights. 

5 (3) Pro se litigants are unable to navigate such 

6 complex cases without the assistance of counsel. 

7 SEC. 3. COUNSEL IN CASES WHERE PERSONS ARE PRO8 CEEDING IN FORMA PAUPERIS. 

9 Subsection (e) of section 1915 of title 28, United 

10 States Code, is amended to read as follows: 

11 ‘‘(e)(1) If a person appears without counsel, including 

12 in a proceeding under title VII of the Civil Rights Act 

13 of 1964 (42 U.S.C. 2000e et seq.) or title VIII of such 

14 Act (42 U.S.C. 2000f et seq.), the court shall inform the 

15 person of their ability to request counsel if unable to af16 ford counsel. Upon granting such request, the court may 

17 appoint counsel for that person. 

18 ‘‘(2) In evaluating whether to grant the request, 

19 a court shall consider all of the following on the 

20 record to the degree they are known to the court: 

21 ‘‘(A) The person’s ability to articulate 

22 claims, investigate facts, respond to dispositive 

23 motions, and otherwise participate, including— 

24 ‘‘(i) any barriers to access created by 

25 mental health, intellectual, cognitive, or 


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1 physical disabilities, incarceration or other 

2 confinement, language or other commu3 nication issues, and education or literacy 

4 level; 

5 ‘‘(ii) the person’s education and lit6 eracy level; and 

7 ‘‘(iii) any assistance the person has 

8 received to date, including the sufficiency 

9 of that assistance and whether it will be 

10 available in the future. 

11 ‘‘(B) The degree of factual investigation 

12 required. 

13 ‘‘(C) The complexity of the legal and fac14 tual questions. 

15 ‘‘(D) The degree to which the claims turn 

16 on credibility determinations, including the need 

17 for cross-examination. 

18 ‘‘(E) Whether the person has asserted any 

19 colorable claims. 

20 ‘‘(F) The need for expert testimony. 

21 ‘‘(G) The court’s willingness to aid the per22 son in presenting claims by, for example, ex23 plaining how to introduce and move for the ad24 mission of evidence. 


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1 ‘‘(H) Whether any opposing party is rep2 resented by counsel. 

3 ‘‘(I) Any other factors the court considers 

4 relevant, other than that pro se pleadings are 

5 construed more liberally by the court. 

6 ‘‘(3) The court may not deny a request on the 

7 grounds that it has not yet ruled on dispositive mo8 tions, such as a motion to dismiss or for summary 

9 judgment. 

10 ‘‘(4) The court shall dismiss a case under this 

11 subsection if— 

12 ‘‘(A) the court determines that the allega13 tion that the person is unable to afford counsel 

14 is untrue; or 

15 ‘‘(B) in a case in which no request for ap16 pointment of counsel is made after the person 

17 is informed of the right to make such request, 

18 the action or appeal— 

19 ‘‘(i) is frivolous or malicious; 

20 ‘‘(ii) fails to state a claim on which re21 lief may be granted; or 

22 ‘‘(iii) seeks monetary relief against a 

23 defendant who is immune from such relief. 

24 ‘‘(5) The court may require the person to at25 tempt to obtain assistance from private counsel prior 


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1 to evaluating the factors above. However, upon re2 ceiving a request for counsel, the court shall commu3 nicate to the person the number of attempts re4 quired, if any, and shall not consider the person’s in5 ability to secure private counsel as an indication of 

6 a lack of colorable claims. 

7 ‘‘(6) The court should consider whether to pro8 visionally appoint counsel for limited purposes, such 

9 as responding to a particular motion, amending the 

10 complaint, representing a person at mediation, con11 ducting discovery, or investigating the claims for 

12 purposes of providing a recommendation to the court 

13 as to whether a full appointment is warranted. 

14 ‘‘(7) Notwithstanding paragraphs (2) through 

15 (4), whenever the court determines that the interests 

16 of justice so require, representation may be provided 

17 for any financially eligible person who is seeking re18 lief under— 

19 ‘‘(A) title VII of the Civil Rights Act of 

20 1964 (42 U.S.C. 2000e et seq.); or 

21 ‘‘(B) title VIII of the Civil Rights Act of 

22 1964 (42 U.S.C. 2000f et seq.). 

23 ‘‘(8) To the extent the consideration of the fac24 tors described in paragraph (2)(A) involves personal 

25 details not otherwise at issue in the case, the court 


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1 should take steps to maintain the privacy of the de2 tails including, for instance, sealed filings or in cam3 era review. The other party or parties to the action 

4 should not have access to these personal details. To 

5 the extent the person has already shared personal 

6 details by filing a publicly available document, the 

7 court should advise him or her of the option to re8 place the filing with a redacted or sealed copy in ac9 cordance with any applicable local or Federal rules. 

10 ‘‘(9) Any challenge to the appointment of coun11 sel made by an opposing party shall be limited to the 

12 potential prejudice to that party, such as a delay in 

13 proceedings, and shall not concern the personal fac14 tors considered by the court under paragraph 

15 (2)(A).’’. 

16 SEC. 4. DATA COLLECTION. 

17 Not later than 2 years after the date of the enact18 ment of this Act, and every 2 years thereafter, the Direc19 tor of the Administrative Office of the United States 

20 Courts. shall submit to Congress and make publicly avail21 able a report on the subsection (e) of section 1915 of title 

22 28, United States Code, as amended by section 3 of this 

23 Act, which shall include the following: 

24 (1) With respect to persons for whom counsel 

25 was provided pursuant to a request under section 


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1 1915(e)(1) of title 28, United States Code, the types 

2 of cases. With respect to a person for whom counsel 

3 was provided pursuant to a request under section 

4 1915(e)(1) of title 28, United States Code, the type 

5 of case, length of time spent by counsel, and the out6 come of the matter for which such counsel was pro7 vided and outcomes of the matters for which such 

8 counsel was provided. 

9 (2) Benefits related to increased access to coun10 sel and any remaining barriers to access to counsel 

11 pursuant to requests under such section 1915(e). 

12 (3) Any changes in the frequency of requests 

13 made by courts under such section 1915(e). 

14 (4) Other changes to the functioning of the 

15 Federal courts, including increases in efficiency of 

16 adjudication of cases and changes in the number of 

17 cases resolved in favor of the party for whom counsel 

18 was provided pursuant to a request under such sec19 tion 1915(e). 

20 (5) Suggested changes to such section 1915 to 

21 ensure greater access to justice for low-income liti22 gants. 

Æ 


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