I 
116TH CONGRESS 
2D SESSION 
H. R. 6037 
To amend title 28, United States Code, with regard to counsel for persons 
proceeding in forma pauperis. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 28, 2020 
Mr. SARBANES (for himself, Mr. NADLER, Mr. JOHNSON of Georgia, Ms. 
BASS, Ms. SCANLON, and Mr. KENNEDY) 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 Representa-
tives 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 2020’’. 
SEC. 2. COUNSEL IN CASES WHERE PERSONS ARE PRO-
CEEDING IN FORMA PAUPERIS. 
Subsection (e) of section 1915 of title 28, United 
States Code, is amended to read as follows: 
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‘‘(e)(1) If a person appears without counsel, the court 
shall inform the person of their right 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 mental disabilities, limitations on 
physical liberty, or language barriers; 
‘‘(ii) the person’s education and literacy 
level; and 
‘‘(iii) any assistance the person has re-
ceived to date, including the sufficiency of that 
assistance and whether it will be available in 
the future. 
‘‘(B) The degree of factual investigation re-
quired. 
‘‘(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. 
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‘‘(E) Whether the person has asserted any 
colorable claims. That fact that attorneys have de-
clined to take the case shall not be an considered an 
indication of a lack of 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 rep-
resented by counsel. 
‘‘(I) Any other factors the court considers rel-
evant, other than that pro se pleadings are con-
strued 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 should consider whether to provision-
ally appoint counsel for limited purposes, such as respond-
ing to a particular motion, amending the complaint, rep-
resenting a person at mediation, conducting discovery, or 
investigating the claims for purposes of providing a rec-
ommendation to the court as to whether a full appoint-
ment is warranted. 
‘‘(5) Notwithstanding paragraphs (2) through (4), 
whenever the court determines that the interests of justice 
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so require, representation may be provided for any finan-
cially eligible person who is seeking relief under section 
2241, 2254, or 2255.’’. 
Æ 
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