State of Illinois
91st General Assembly
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Public Act 91-0584

SB331 Enrolled                                LRB9100872MWgcC

    AN ACT to create the Illinois Equal Justice Act, amending
named Acts.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Farm Legal Assistance Act is
amended by changing Sections 1, 5, 10, 15, 20, 25, and 35 and
the title of the Act and by adding Sections 40, 45, and 50 as
follows:

    (30 ILCS 765/Act title)
    An  Act  in  relation  to  equal   justice   farm   legal
assistance.

    (30 ILCS 765/1) (from Ch. 5, par. 2050-1)
    Sec.  1.   Short  title.   This  Act  may be cited as the
Illinois Equal Justice Farm Legal Assistance Act.
(Source: P.A. 87-123.)

    (30 ILCS 765/5) (from Ch. 5, par. 2050-5)
    Sec.  5.  Legislative  findings  purpose.   The   General
Assembly finds:
    (a)  Equal  justice  is a basic right that is fundamental
to democracy in this State, and the integrity of  this  State
and  this  State's  justice  system depends on protecting and
enforcing the rights of all people.
    (b)  This State's residents must have  information  about
self-help processes and available remedies.
    (c)  The  justice  system  must work with social services
providers, government  agencies,  and  community  leaders  to
promote   approaches   to   preventing  and  resolving  legal
difficulties.
    (d)  The maintenance,  operation,  and  fairness  of  the
courts  are  significantly  enhanced  when  all  parties have
access to basic  legal  information,  information  about  the
court  system,  and  information about alternative methods of
dispute  resolution  and  other  alternatives  to  the  legal
system.  Individuals unable to obtain  this  information  who
are  also  unable  to  obtain  legal representation cause all
parties in  the  court  system  to  experience  backlogs  and
delays,  often  resulting  in  multiple court appearances, or
lengthier court appearances, or both, than would otherwise be
necessary for all parties.  When all parties have  access  to
basic  legal information, information about the court system,
and information about alternatives to the legal  system,  the
parties  may  proceed  in  a  more  productive  and efficient
manner, thereby reducing the number of cases the courts  must
manage  and  reducing  unnecessary backlogs and delays in the
court system.
    (e)  The  resolution  of  disputes  can  be  costly   and
time-consuming   in   the   context   of  a  formal  judicial
proceeding.   Mediation  of  disputes  has  a  potential  for
efficiently reducing the volume of cases in the court  system
in  this  State.   There  is  a  compelling  need for dispute
resolution centers to divert  some  matters  from  the  court
system.
    (f)  The  courts  of  Illinois  are  backlogged with both
pre-judgment  and  post-judgment  civil  cases  that  require
numerous court appearances and  lengthy  hearings  caused  in
part by individuals who are not represented by legal counsel.
The   resolution   of   these  cases  often  results  in  the
unrepresented party not following the  court  procedures  and
orders,  causing  multiple court proceedings. Providing legal
representation to the indigent party in  civil  cases  has  a
great  potential  for  efficiently  reducing  the  volume  of
matters   that   burden  the  court  system  in  this  State.
Not-for-profit   legal   services   organizations   make    a
substantial  contribution  to  the  expeditious operation and
maintenance of the courts in civil cases.
    (g)  Equal justice is an integral  part  of  the  general
public welfare.
    (h)  The  collection and distribution of funds under this
Act promotes equal justice, is in the  public  interest,  and
enhances the administration of justice and the courts.
    (i)  The  use of the funds for the purposes prescribed by
this Act is consistent with the essential  functions  of  the
courts.  that,  in the agricultural economy, many farmers are
unable to  afford  necessary  legal  services  to  deal  with
financial  and  other  personal  problems.   It is one of the
purposes of this Act to provide short-term  legal  assistance
to address the special legal needs of farmers.
(Source: P.A. 87-123.)

    (30 ILCS 765/10) (from Ch. 5, par. 2050-10)
    Sec. 10.  Definitions.  For the purposes of this Act:
    "Foundation"  means the Illinois Equal Justice Farm Legal
Assistance Foundation, a not-for-profit  corporation  created
by  the  Illinois  State  Bar Association and the Chicago Bar
Association.
    "Legal information center" means a center in  a  judicial
circuit   of   this   State   operated  by  a  not-for-profit
corporation that is tax exempt from the  payment  of  federal
taxes  under  Section  501(c)(3) of the Internal Revenue Code
and  that  serves  as  an  information  center  for   persons
considering  use  of  the  judicial  system  in that judicial
circuit.  Information available  at  each  legal  information
center  may include, but not be limited to, information about
the  organization  of  the  court  system,  applicable  court
procedures, how to obtain legal representation,  alternatives
to the court system such as mediation or social services, the
applicable  substantive law, self-help packets explaining the
court  procedures  and  applicable  law   in   a   particular
substantive area, and available self-help assistance desks.
    "Regional legal services hotline" means a program in this
State  operated  by  a not-for-profit corporation that is tax
exempt from  the  payment  of  federal  taxes  under  Section
501(c)(3)  of the Internal Revenue Code and that (i) provides
assistance to legal  information  centers  and  this  State's
residents,  and  supplements  legal  information  centers  by
providing  information  to legal information centers and this
State's residents that  includes,  but  is  not  limited  to,
information  about  the  organization  of  the  court system,
applicable   court   procedures,   how   to   obtain    legal
representation,  alternatives  to  the  court  system such as
mediation or social services, the applicable substantive law,
self-help  packets  explaining  the  court   procedures   and
applicable   law   in  a  particular  substantive  area,  and
available self-help assistance desks and (ii) coordinates and
provides  assistance  to  civil  legal   services   providers
operating  in  this State by providing coordinated intake and
referral services.
    "Self-help assistance desk" means a program operated by a
not-for-profit  corporation  that  is  tax  exempt  from  the
payment of federal  taxes  under  Section  501(c)(3)  of  the
Internal Revenue Code and that provides legal information and
advice  about  a  particular  substantive  area of the law to
litigants or potential litigants in non-criminal  or  traffic
matters  who  are  unable  to  obtain  or  do  not have legal
representation for a dispute involving that substantive  area
of the law.
    "Dispute   resolution   center"  means  a  not-for-profit
organization that is exempt from the payment of federal taxes
pursuant to Section 501(c)(3) of the  Internal  Revenue  Code
and  that  is  organized  to provide mediation services at no
charge to disputants who agree to use its services.  Disputes
handled by a dispute resolution center may include,  but  not
be limited to, disputes referred from the court system.
    "Mediation"   means  a  voluntary  process  in  which  an
impartial mediator actively assists disputants in identifying
and  clarifying  issues  of  concern  and  in  designing  and
agreeing to solutions for those issues.
    "Mediator" means a person who has received  at  least  30
hours  of  training  in  the  areas of negotiation, nonverbal
communication, agreement writing, neutrality, and ethics.
    "Civil legal  services"  means  legal  representation  or
advice in non-criminal matters provided to eligible clients.
    "Civil  legal  services  provider" means a not-for-profit
corporation that (i) is exempt from the  payment  of  federal
income  tax  pursuant  to  Section  501(c)(3) of the Internal
Revenue  Code,  (ii)  is  established  for  the  purpose   of
providing  legal  services that include civil legal services,
and (iii) either (A) employs 4 or  more  full-time  attorneys
who are licensed to practice law in the State of Illinois and
who  directly  provide  civil  legal services or (B) provides
civil legal services through an organized panel of  pro  bono
attorneys.
    "Eligible  client"  means  an  individual, not a business
entity, who is involved in a non-criminal or traffic  matter,
who  has  been  found  financially  eligible  for civil legal
services by a civil legal services provider, and who  has  an
annual  income  that  does  not exceed 150% of the prevailing
poverty guidelines issued by the United States Department  of
Health and Human Services.
    "Pro   bono   attorney"   means   an   attorney   who  is
self-employed, or employed by an entity other  than  a  civil
legal  services provider, and who represents eligible clients
without charge under the auspices of a civil  legal  services
provider.
    "Recipient"  means  a  legal information center, regional
legal services hotline, self-help  assistance  desk,  dispute
resolution center, or qualified civil legal services provider
receiving moneys under this Act.
    "Qualified  civil  legal services provider" means a civil
legal services provider that (i) makes financial  eligibility
determinations  before  providing  civil legal services; (ii)
has demonstrated its commitment  to  the  provision  of  high
quality  civil legal services to clients and has operated for
at least 2 years; and (iii) received and expended cash  funds
in  Illinois  in the previous fiscal year in the amount of at
least $200,000 for the provision of civil legal services.
    "Department"   means   the   Illinois    Department    of
Agriculture.
    "Director" means the Illinois Director of Agriculture.
(Source: P.A. 87-123.)

    (30 ILCS 765/15) (from Ch. 5, par. 2050-15)
    Sec.  15.   Foundation;  distribution  of  funds to legal
information  centers,  regional  legal   services   hotlines,
dispute  resolution  centers,  self-help assistance desks, or
civil legal services providers.
    (a)  The Foundation shall establish  and  administer  the
Illinois Equal Justice Fund.  The Fund consists of all moneys
remitted  to the Foundation under the terms of this Act.  The
Foundation must deposit all moneys received  under  this  Act
into   interest-bearing   accounts.      Administration   and
distribution  of these funds by the Foundation does not alter
their character  as  public  funds  or  alter  the  fiduciary
responsibilities  attendant  to  the administration of public
funds.
    (b)  The Foundation may annually retain a portion of  the
amounts  it  receives under this Section, not to exceed 5% of
the amounts received by the Foundation  under  this  Act,  to
reimburse the Foundation for the actual cost of administering
grants  and  making the distributions required under this Act
during that year.
    (c)  The   distribution   of   moneys   available   after
administrative costs shall be made by the Foundation  in  the
following manner:
         (1)  The Foundation shall distribute moneys to legal
    information centers that have demonstrated or demonstrate
    an  ability  to provide the services described in Section
    10 of  this  Act  and  that  otherwise  comply  with  the
    requirements  of  this Act with the objective that one or
    more legal information centers will be operated  in  each
    judicial circuit of this State.
         (2)  The   Foundation   shall  distribute  funds  to
    regional legal services hotlines that  have  demonstrated
    or   demonstrate  an  ability  to  provide  the  services
    described in Section 10 of this Act  and  that  otherwise
    comply with the requirements of this Act.
         (3)  The   Foundation   shall  distribute  funds  to
    self-help assistance  desks  that  have  demonstrated  or
    demonstrate  an ability to provide the services described
    in Section 10 of this Act and that otherwise comply  with
    the requirements of this Act.
         (4)  The   Foundation   shall  distribute  funds  to
    dispute resolution  centers  that  have  demonstrated  or
    demonstrate compliance with the requirements of Section 5
    of  the Illinois Not-For-Profit Dispute Resolution Center
    Act.
         (5)  The  Foundation  shall  distribute   funds   to
    qualified civil legal services providers operating in one
    or more counties within this State.  The Foundation shall
    determine the amounts to be distributed to each qualified
    civil  legal  services  provider based upon the following
    criteria:
              (A)  the number of eligible clients served  and
         the  nature  of the civil legal services caseload of
         each  qualified  civil   legal   services   provider
         compared to all other qualified civil legal services
         providers in this State;
              (B)  the   qualified   civil   legal   services
         provider's  satisfactory  compliance with Section 50
         of this Act; and
              (C)  the   qualified   civil   legal   services
         provider's general  compliance  with  the  following
         standards:
                   (i)  the    quality,    feasibility,   and
              cost-effectiveness of the civil legal  services
              provider's  legal  services  as  evidenced  by,
              among other things, the experience of the civil
              legal   services   provider's  staff  with  the
              delivery  of  the  type  of  legal   assistance
              contemplated  under the proposal; compatibility
              with the American Bar  Association's  Standards
              for  Providers  of Civil Legal Services for the
              Poor,  where  applicable;   the   civil   legal
              services  provider's compliance experience with
              other funding sources or  regulatory  agencies,
              including  but  not limited to federal or State
              agencies,  bar  associations  or   foundations,
              courts,    IOLTA    programs,    and    private
              foundations; the reputations of the civil legal
              services  provider's  principals and key staff;
              and  the  civil   legal   services   provider's
              capacity to ensure continuity in representation
              of   eligible  clients  with  pending  matters,
              including pending matters referred  from  other
              legal services providers;
                   (ii)  the  civil legal services provider's
              knowledge of  the  various  components  of  the
              legal services delivery system in the State and
              its  willingness  to  coordinate  with  them as
              appropriate, including its capacity to:
                        (I)  develop and  increase  resources
                   from funds other than those provided under
                   this Act; and
                        (II)  cooperate  with State and local
                   bar associations, private  attorneys,  and
                   pro   bono   programs   to   increase  the
                   involvement of private  attorneys  in  the
                   delivery   of  legal  assistance  and  the
                   availability of pro bono legal services to
                   eligible clients; and
                   (iii)  the civil legal services provider's
              knowledge and  willingness  to  cooperate  with
              other civil legal services providers, community
              groups,   public  interest  organizations,  and
              human services providers in a  manner  that  is
              consistent   with   the   Illinois   Rules   of
              Professional Conduct.
    (d)  The Foundation must give annual notice of the amount
of  moneys available for distribution; the procedure by which
legal information centers, regional legal services  hotlines,
dispute  resolution  centers, self-help assistance desks, and
qualified  civil  legal  services  providers  can  apply  for
moneys; and the  schedule  for  review  and  distribution  of
moneys under this Act.
    (e)  The  governing  board  of  the  Foundation may adopt
regulations and procedures necessary to implement and enforce
this Act and to ensure that the moneys allocated  under  this
Act  are  used  to  provide services to persons in accordance
with the terms of this Act.
    In adopting the regulations,  the  governing  board  must
comply with the following procedures:
         (1)  the  governing board must publish a preliminary
    draft of the regulations  and  procedures  that  must  be
    distributed,  together with notice of the comment period,
    to members of the  Foundation,  potential  recipients  of
    moneys,  and other interested parties that the Foundation
    considers appropriate; and
         (2)  the governing board  must  allow  a  reasonable
    time  period  for  affected  and  interested  parties  to
    present    written   comment   regarding   the   proposed
    regulations and procedures  before  the  governing  board
    adopts final regulations and procedures.
    (f)  The  Foundation shall make payments to recipients on
a calendar-year basis in  quarterly  installments.  services.
The Foundation shall:
    (a)  Operate   a   lawyer   referral  service  that  will
facilitate and fund direct consultation between  farmers  and
lawyers  on  farm-related matters, and give preference to the
request of a qualifying farmer for referral  to  an  eligible
lawyer of the qualifying farmer's choice.
    (b)  Provide   funds   to   other   not-for-profit  legal
assistance providers in this State to assist in  establishing
programs to furnish legal services to farmers on farm-related
matters.
    (c)  Provide   technical   assistance   and   create  and
encourage educational programs relating to legal programs  of
Illinois farmers.
(Source: P.A. 87-123.)

    (30 ILCS 765/20) (from Ch. 5, par. 2050-20)
    Sec. 20. Other powers and duties of the Foundation.
         (a)  The   Foundation  may  make,  enter  into,  and
    execute  contracts,   agreements,   leases,   and   other
    instruments with any person, including without limitation
    any federal, State, or local governmental agency, and may
    take other actions that may be necessary or convenient to
    accomplish any purpose authorized by this Act.
         (b)  The  Foundation may also undertake directly, or
    by grant or contract, the following activities to  assist
    legal   information   centers,  regional  legal  services
    hotlines,   dispute   resolution    centers,    self-help
    assistance  desks,  and  qualified  civil  legal services
    providers:
              (1)  provide research, training, and  technical
         assistance; and
              (2)  serve as a clearinghouse for information.
(Source: P.A. 87-123.)

    (30 ILCS 765/25) (from Ch. 5, par. 2050-25)
    Sec.  25.   Acceptance  of funds.  Any assets, moneys, or
grants  presently  possessed  by  the  Foundation  shall   be
retained by the Foundation and shall be used for the purposes
of  this  Act.  The Department of Agriculture is empowered to
make grants of funds to the Foundation to  be  used  for  the
purpose  of  this  Act.   The Foundation has the authority to
receive and accept any  and  all  grants,  loans,  subsidies,
matching  funds,  reimbursements,  federal grant moneys, fees
for services, and other things of value from the  federal  or
State government or any agency of any other state or from any
institution, person, firm, or corporation, public or private,
to be used to carry out the purposes of this Act.
(Source: P.A. 87-123.)

    (30 ILCS 765/35) (from Ch. 5, par. 2050-35)
    Sec. 35.  Reports.
    (a)  Each   recipient  of  moneys  under  this  Act  must
annually submit a report to the Foundation.  This report must
include (i) either (A)  an audit of the funds  received  from
the  Foundation  by  a  certified  public accountant or (B) a
fiscal review approved by the Foundation  setting  forth  the
manner  and  amount  of  expenditures  made  with  the  funds
received  from  the  Foundation and (ii) a description of the
programs on which they were expended.  The reports are public
records available for inspection upon request.
    (b)  The governing board of the Foundation  must  prepare
an  annual  report  to  the  Governor,  the  President of the
Senate, the Minority Leader of the Senate, the Speaker of the
House of Representatives, the Minority Leader of the House of
Representatives, and the Justices  of  the  Illinois  Supreme
Court.   The report must include (i) a statement of the total
receipts and  a  breakdown  by  source  during  each  of  the
previous  2  calendar  years,  (ii)  a  list of the names and
addresses of the  recipients  that  are  currently  receiving
funds  and  that  received funds in the previous year and the
amounts committed to recipients for the current year and paid
in the previous year, (iii)  a breakdown of the amounts  paid
during  the  previous  year  to  recipients  and  the amounts
committed to each recipient for  the  current  year,  (iv)  a
breakdown  of  the  Foundation's  costs  in administering the
Fund, and (v) a statement of the Fund balance  at  the  start
and  at  the  close  of  the  previous  calendar-year and the
interest earned  during  the  previous  calendar-year.    The
report must include any notices the Foundation issued denying
applications  for  moneys under this Act.  The report, in its
entirety, is a public record,  and  the  Foundation  and  the
Governor  shall make the report available for inspection upon
request.
    Report. The Foundation shall submit  a  report  detailing
its operations and accounting for its use of grant funds, the
number  of  farmers  served  under  this  Act and the type of
services performed, the number of  mediations  performed  and
the  results of the mediations to the Governor, the President
of the Senate, the Speaker of the House  of  Representatives,
the  Attorney  General  and the Director of the Department of
Agriculture on or before January 1 of each year.
(Source: P.A. 87-123.)

    (30 ILCS 765/40 new)
    Sec. 40.  Limitations on use of funds.    No  funds  made
available  to  a recipient may be used for the purpose of (i)
lobbying; (ii) encouraging  political  activities,  labor  or
anti-labor   activities,  boycotts,  picketing,  strikes,  or
demonstrations; or (iii) investigative  or  legal  compliance
activities  unrelated  to a pending dispute.  A recipient may
not use funds received under this Act to file  an  individual
action  or  class  action  under  the  Migrant  and  Seasonal
Agricultural  Worker  Protection  Act  (29  U.S.C.  1801  and
following) or other labor laws.

    (30 ILCS 765/45 new)
    Sec.  45.  Responsibilities  of recipients.  With respect
to the provision of services  funded  under  this  Act,  each
recipient shall ensure the following:
    (1)  the   maintenance  of  quality  service  and,  where
applicable,   compliance   with   the   Illinois   Rules   of
Professional Conduct; and
    (2)  compliance with  this  Act  in  the  expenditure  of
funds.

    (30 ILCS 765/50 new)
    Sec. 50.  Termination of funds; procedures.
    (a)  The Foundation may suspend or terminate funds it has
authorized    under  this  Act  upon its determination that a
recipient  is  not   operating   in   compliance   with   the
requirements of this Act.
    (b)  An  action by the Foundation proposing to suspend or
to terminate an existing grant of funds under  this  Act  may
not become final until the recipient has been afforded notice
of  the  proposed  action  and the opportunity to be heard in
accordance with the procedures established by the Foundation.

    (30 ILCS 765/30 rep.)
    Section 30.  The Illinois Farm Legal  Assistance  Act  is
amended by repealing Section 30.

    Section   95.  Severability.    The  provisions  of  this
amendatory Act of the 91st  General  Assembly  are  severable
under Section 1.31 of the  Statues on Statutes.
                            INDEX
           Statutes amended in order of appearance
30 ILCS 765/Act title
30 ILCS 765/1             from Ch. 5, par. 2050-1
30 ILCS 765/5             from Ch. 5, par. 2050-5
30 ILCS 765/10            from Ch. 5, par. 2050-10
30 ILCS 765/15            from Ch. 5, par. 2050-15
30 ILCS 765/20            from Ch. 5, par. 2050-20
30 ILCS 765/25            from Ch. 5, par. 2050-25
30 ILCS 765/35            from Ch. 5, par. 2050-35
30 ILCS 765/40 new
30 ILCS 765/45 new
30 ILCS 765/50 new
30 ILCS 765/30 rep.

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