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. 
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 2024’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The majority of cases filed by pro se liti-
gants in Federal court involve basic human needs 
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such as physical and mental health, safety, employ-
ment, 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 PRO-
CEEDING 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 af-
ford 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 
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physical disabilities, incarceration or other 
confinement, language or other commu-
nication issues, and education or literacy 
level; 
‘‘(ii) the person’s education and lit-
eracy 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 fac-
tual 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 per-
son in presenting claims by, for example, ex-
plaining how to introduce and move for the ad-
mission of evidence. 
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to evaluating the factors above. However, upon re-
ceiving a request for counsel, the court shall commu-
nicate to the person the number of attempts re-
quired, if any, and shall not consider the person’s in-
ability to secure private counsel as an indication of 
a lack of colorable claims. 
‘‘(6) The court should consider whether to pro-
visionally appoint counsel for limited purposes, such 
as responding to a particular motion, amending the 
complaint, representing a person at mediation, con-
ducting 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 re-
lief 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 fac-
tors described in paragraph (2)(A) involves personal 
details not otherwise at issue in the case, the court 
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should take steps to maintain the privacy of the de-
tails including, for instance, sealed filings or in cam-
era 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 re-
place the filing with a redacted or sealed copy in ac-
cordance with any applicable local or Federal rules. 
‘‘(9) Any challenge to the appointment of coun-
sel 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 fac-
tors considered by the court under paragraph 
(2)(A).’’. 
SEC. 4. DATA COLLECTION. 
Not later than 2 years after the date of the enact-
ment of this Act, and every 2 years thereafter, the Direc-
tor of the Administrative Office of the United States 
Courts. shall submit to Congress and make publicly avail-
able 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 
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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 out-
come of the matter for which such counsel was pro-
vided and outcomes of the matters for which such 
counsel was provided. 
(2) Benefits related to increased access to coun-
sel 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 sec-
tion 1915(e). 
(5) Suggested changes to such section 1915 to 
ensure greater access to justice for low-income liti-
gants. 
Æ 
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