Public Act 098-0351
 
HB3111 EnrolledLRB098 10885 HEP 41444 b


  
    AN ACT concerning legal assistance.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 1. Short title. This Act may be cited as the Access 
to Justice Act.
 
    Section 5. Findings.
    (a) The justice system in this State can only function 
fairly and effectively when there is meaningful access to legal 
information, resources, and assistance for all litigants, 
regardless of their income or circumstances.

    (b) Increasing numbers of people throughout this State are 
coming into the courts without legal representation for cases 
involving important legal matters impacting the basics of life 
such as health, safety, and shelter.  In order for the courts to 
provide fair and efficient administration of justice in these 
cases, it is critical that people have better access to varying 
levels of legal assistance appropriate for their individual 
circumstances.

    (c) An increasing number of active duty service members and 
veterans in this State have a need for legal information and 
assistance in a variety of matters that are often critical to 
their safety and independence, yet they are often unable to 
access that assistance.
 
    Section 10. Pilot programs. 
    (a) The General Assembly encourages the Supreme Court to 
develop: (i) a pilot program to create a statewide military 
personnel and veterans' legal assistance hotline and 
coordinated network of legal support resources; and (ii) a 
pilot program to provide court-based legal assistance within a 
circuit court in each appellate district of this State.
    (b) The General Assembly recommends that the rules 
developing the pilot programs:
        (1) provide intake, screening, and varying levels of 
    legal assistance to ensure that the parties served by these 
    programs have meaningful access to justice;
        (2) gather information on the outcomes associated with 
    providing the services described in paragraph (1) of this 
    subsection; and
        (3) guard against the involuntary waiver of rights or 
    disposition by default.
 
    Section 15. Access to Justice Fund. The Access to Justice 
Fund is created as a special fund in the State treasury. The 
Fund shall consist of fees collected under Section 27.3g of the 
Clerks of Courts Act. Subject to appropriation, moneys in the 
Access to Justice Fund shall be used by the Supreme Court for 
the administration of the pilot programs created under this 
Act.
    No moneys distributed from the Access to Justice Fund may 
be directly or indirectly used for lobbying activities, as 
defined in Section 2 of the Lobbyist Registration Act or as 
defined in any ordinance or resolution of a municipality, 
county, or other unit of local government in Illinois.
 
    Section 20. Evaluation. The Supreme Court shall study the 
effectiveness of the pilot programs implemented under this Act 
and submit a report to the General Assembly by June 1, 2017.  
The report shall include the number of people served in each 
pilot program and data on the impact of varying levels of legal 
assistance on access to justice, the effect on fair and 
efficient court administration, and the impact on government 
programs and community resources.  This report shall describe 
the benefits of providing legal assistance to those who were 
previously unrepresented, both for the clients and the courts, 
and shall describe strategies and recommendations for 
maximizing the benefit of that representation in the future. 
The report shall include an assessment of the continuing unmet 
needs and, if available, data regarding those unmet needs.
 
    Section 25. Statutory Court Fee Task Force. 
    (a)   There is hereby created the Statutory Court Fee Task 
Force. The purpose of the Task Force is to conduct a thorough 
review of the various statutory fees imposed or assessed on 
criminal defendants and civil litigants.
    (b)   The Task Force shall consist of 15 members, appointed 
as follows: one each by the Speaker of the House of 
Representatives, the Minority Leader of the House of 
Representatives, the President of the Senate, and the Minority 
Leader of the Senate; 2 by the association representing circuit 
court clerks; 2 by the Governor, and 7 by the Supreme Court.
    (c)    At the direction of the Supreme Court, the 
Administrative Office of the Illinois Courts shall provide 
administrative support to the Task Force.
    (d)   The Task Force shall submit a report containing its 
findings and any recommendations to the Supreme Court and the 
General Assembly by June 1, 2014.
 
    Section 30. The State Finance Act is amended by adding 
Section 5.826 as follows:
 
    (30 ILCS 105/5.826 new)
    Sec. 5.826. The Access to Justice Fund.
 
    Section 35. The Counties Code is amended by changing 
Section 5-39001 as follows:
 
    (55 ILCS 5/5-39001)  (from Ch. 34, par. 5-39001)

    Sec. 5-39001. Establishment and use; fee. The county board 
of any
county may establish and maintain a county law library, 
to be located in
any county building or privately or publicly 
owned building at the county
seat of government.  The term 
"county building" includes premises leased by
the county from a 
public building commission created under the Public
Building 
Commission Act. After August 2, 1976, the county board of any

county may establish and maintain a county law library at the 
county seat
of government and, in addition, branch law 
libraries  in other locations
within that county as the county 
board deems necessary.


    The facilities of those libraries shall be freely available 
to all
licensed Illinois attorneys, judges,  other public 
officers of the county,
and all members of the public, whenever 
the court house is open, and may include self-help centers and 
other legal assistance programs for the public as part of the 
services it provides on-site and online.


    The expense of establishing and maintaining those 
libraries shall be
borne by the county.  To defray that expense, 
including the expense of any attendant self-help centers and 
legal assistance programs, in any county having
established a 
county law library or libraries, the clerk of all
trial courts 
located at the county seat of government shall charge and

collect a county law library fee of $2, and the county board 
may
authorize a county law library fee of not to exceed (i) $18 
in 2009, (ii) $19 in 2010, and (iii) $21 in 2011 and 
thereafter,
to be charged and collected by the clerks of all 
trial courts located in
the county.
 The fee shall be paid at 
the time of filing the first pleading,
paper, or other 
appearance filed by each party in all civil cases, but no

additional fee shall be required if more than one party is 
represented in a
single pleading, paper, or other appearance.


    Each clerk shall commence those charges and collections 
upon
receipt of written notice from the chairman of the county 
board that
the board has acted under this Division to establish 
and
maintain a law library.


    The fees shall be in addition to all other fees and charges 
of the
clerks, assessable as costs, remitted by the clerks 
monthly to the county
treasurer, and retained by the county 
treasurer in a special fund
designated as the County Law 
Library Fund.  Except as otherwise provided in
this paragraph, 
disbursements from the fund
shall be by the county treasurer, 
on order of a majority of the resident
circuit judges of the 
circuit court of the county. In any
county with more than 
2,000,000 inhabitants,
the
county board shall
order 
disbursements from the fund and the presiding officer of the

county board, with the advice and consent of the county board, 
may
appoint a library committee of not less than 9 members, 
who, by majority
vote, may recommend to the county board as to 
disbursements of
the fund and the operation of the library.  In 
single county circuits with
2,000,000 or fewer
inhabitants, 
disbursements from the County Law Library Fund shall be made by

the county treasurer on the order of the chief judge of the 
circuit court of
the county.  In those single county circuits, 
the number of personnel necessary
to
operate and maintain the 
county law library shall be set by and those personnel
shall be 
appointed
by the chief judge.  The county law library personnel 
shall serve at the
pleasure
of the appointing authority.  The 
salaries of those personnel shall be fixed by
the county board 
of the county.
 Orders shall be
pre-audited, funds shall be 
audited by the county auditor, and
a report of the orders and 
funds shall be rendered to
the county board and to the judges.


    Fees shall not be charged in any criminal or quasi-criminal

case, in any matter coming to the clerk on change of venue, or 
in
any proceeding to review the decision of any administrative 
officer,
agency, or body.


    No moneys distributed from the County Law Library Fund may 
be directly or indirectly used for lobbying activities, as 
defined in Section 2 of the Lobbyist Registration Act or as 
defined in any ordinance or resolution of a municipality, 
county, or other unit of local government in Illinois. 
(Source: P.A. 96-227, eff. 8-11-09.)

 
    Section 40. The Clerks of Courts Act is amended by adding 
Section 27.3g as follows:
 
    (705 ILCS 105/27.3g new)
    Sec. 27.3g. Pilot program; Access to Justice Act.
    (a) If the Supreme Court develops a pilot program to 
provide court-based legal assistance in accordance with 
Section 10 of the Access to Justice Act, all clerks of the 
circuit court shall charge and collect at the time of filing 
the first pleading, paper, or other appearance filed by each 
party in all civil cases, in addition to any other fees, a fee 
of $10, but no additional fee shall be required if more than 
one party is represented in a single pleading, paper, or other 
appearance. Fees received by the clerk of the circuit court 
under this Section shall be remitted, within one month after 
receipt, to the Supreme Court for deposit into the Access to 
Justice Fund created under Section 15 of the Access to Justice 
Act.
    (b) This Section is repealed 5 years after the effective 
date of this amendatory Act of the 98th General Assembly.
 
    Section 45. The Code of Civil Procedure is amended  by 
changing Section 5-105.5 as follows:
 



    (735 ILCS 5/5-105.5)



    Sec. 5-105.5. Representation by civil legal services 
provider. 

    (a) As used in this Section:

    "Civil legal services" means legal services in noncriminal 
matters provided
without charge to indigent persons who have 
been found eligible under financial
eligibility guidelines 
established by the civil legal services provider.

    "Civil legal services provider" means a not-for-profit 
corporation that (i)
employs one or more attorneys who are 
licensed to practice law in the State of
Illinois and who 
directly provide free civil legal services or (ii) is 
established
for the purpose of providing free civil legal 
services by an organized panel of pro
bono attorneys.

    "Court-sponsored pro bono program" means a pro bono program 
established by or in
partnership with a court in this State for 
the purpose of providing free civil legal services by
an 
organized panel of pro bono attorneys. 
    "Eligible client" means an indigent person who has been 
found eligible for
civil legal services by a civil legal 
services provider or court-sponsored pro bono program.

    "Indigent person" means a person whose income is 125% or 
less of the current
official federal poverty income guidelines 
or who is otherwise eligible to
receive civil legal services 
under the eligibility guidelines of the civil legal services 
provider or court-sponsored pro bono program Legal Services 
Corporation Act of 1974.

    (b) When a party is represented in a civil action by a 
civil legal services
provider or attorney in a court-sponsored 
pro bono program, all fees and costs relating to filing, 
appearing, transcripts on
appeal, and service of process shall 
be waived without the necessity of a
motion for that purpose, 
and the case shall be given an index number or other

appropriate filing number, provided that (i) a determination 
has been made by
the civil legal services provider or attorney 
in a court-sponsored pro bono program that the party is an 
indigent person and (ii) an
attorney's certification that that 
determination has been made is filed with
the clerk of the 
court along with the complaint, the appearance, or any other

paper that would otherwise require payment of a fee.

    (c) The changes made to this Section by this amendatory Act 
of the 98th General Assembly apply to all actions commenced on 
or after July 1, 2013. The changes made to this Section by this 
amendatory Act of the 98th General Assembly also apply to all 
actions pending on or after the effective date of this 
amendatory Act of the 98th General Assembly, but only with 
respect to fees and costs that become due in those actions 
after July 1, 2013.
(Source: P.A. 88-41.)



 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 

Effective Date:  8/15/2013