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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>
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