Title: Fair Access to Legal Counsel Act of 2020
Policy area: Law

Summary:
Fair Access to Legal Counsel Act of 2020

This bill requires a court to consider specified factors when determining whether to provide counsel for a civil litigant who cannot afford counsel. In addition, the bill authorizes a court to appoint, rather than merely request, counsel for such a litigant.
Under current law, a court may request counsel to represent a civil litigant who cannot afford counsel. The bill instead authorizes the court to appoint counsel upon request by the litigant. A court must inform civil litigants appearing without counsel of their right to make such a request.
In considering whether to grant a civil litigant's request for counsel, a court generally must consider factors such as the complexity of the case, any mental or physical limitations faced by the litigant, and whether any opposing party is represented by counsel. The court may also appoint counsel for limited purposes, including for the purpose of advising the court as to whether a full appointment is warranted.
The bill also eliminates the requirement for a court to dismiss a civil litigant's case if the litigant's allegation of poverty is untrue.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6037 Introduced in House (IH)]

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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 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 
2020''.

SEC. 2. 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, 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 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. 
        That fact that attorneys have declined 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 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 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.
    ``(5) 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 section 2241, 2254, or 2255.''.
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