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