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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5499 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5499

   To amend title 28, United States Code, with regard to counsel for 
                 persons proceeding in forma pauperis.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 12, 2024

Mr. Van Hollen introduced the following bill; which was read twice and 
               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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