Illinois General Assembly - Full Text of HB0554
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Full Text of HB0554  93rd General Assembly

HB0554ham001 93rd General Assembly


093_HB0554ham001

 










                                     LRB093 05588 RLC 13720 a

 1                     AMENDMENT TO HOUSE BILL 554

 2        AMENDMENT NO.     .  Amend House Bill 554 as follows:

 3    by replacing the title with the following:

 4        "AN ACT in relation to courts."; and

 5    by replacing everything after the enacting  clause  with  the
 6    following:

 7        "Section   5.   The  Clerks  of  Courts Act is amended by
 8    adding Section 16.5 as follows:

 9        (705 ILCS 105/16.5 new)
10        Sec. 16.5.  Assisting court users; clerk or deputy clerk.
11        (a)  In this Section:
12        "Court" means the circuit court.
13        "Form" means a model or skeleton of an instrument  to  be
14    used   in   a   judicial  proceeding  or  legal  transaction,
15    containing  the  principal  necessary  matters,  the   proper
16    technical  terms or phrases and whatever else is necessary to
17    make it formally correct and capable of being adopted to  the
18    circumstances of the specific case or transaction.
19        (b)  Court  staff  must  treat  all  litigants fairly and
20    equally.  Court staff must not  provide  assistance  for  the
 
                            -2-      LRB093 05588 RLC 13720 a
 1    purpose  of  giving  one party an advantage over another, nor
 2    give assistance to one party that they would not give  to  an
 3    opponent.
 4        (c)  Court staff shall do all of the following:
 5             (1)  Provide   public   information   contained   in
 6        dockets,  calendars,  case  files,  indexes,  or existing
 7        reports.
 8             (2)  Provide copies  of  common  routinely  employed
 9        State   and   local   court  rules  and  procedures,  for
10        applicable fees and costs.
11             (3)  Advise litigants as to where to  find  statutes
12        and  rules  without  advising whether or not a particular
13        statute or rule is applicable.
14             (4)  Identify  and  provide  some  applicable  forms
15        according   to   law,   without   providing   advice   or
16        instructions as to any specific course of action.
17             (5)  Answer questions regarding content of the form,
18        but not questions on how the litigant should  phrase  his
19        or her response on the forms.
20             (6)  Define  terms  commonly used in court processes
21        in cases where the definition is not at issue.
22             (7)  Provide telephone numbers for  lawyer  referral
23        services,  local  attorney  rosters,  or other assistance
24        services known to the court staff.
25             (8)  Provide  appropriate  aids  and  services   for
26        individuals  with  disabilities  in  accordance  with the
27        Americans with Disabilities Act of 1990, 42 USC 12101.
28             (9)  Provide  simplified  forms  to  help  with  the
29        writing and filing of a petition.

30        Section 10.  The Circuit Court Clerk  Regulation  Act  is
31    amended by adding Section 1.5 as follows:

32        (705 ILCS 110/1.5 new)
 
                            -3-      LRB093 05588 RLC 13720 a
 1        Sec. 1.5.  Assisting court users; clerk or deputy clerks;
 2    prohibition;  unauthorized  information and assistance. Court
 3    staff may not do any of the following:
 4             (1)  Provide legal advice or recommend a specific of
 5        action for an individual.  If a court user asks for legal
 6        advice, court staff shall advise the person to  seek  the
 7        assistance of an attorney.
 8             (2)  Apply  the law to the facts of a given case, or
 9        give  directions  regarding  how  an  individual   should
10        respond or behave in any part of the legal process.
11             (3)  Recommend   whether   to  file  a  petition  or
12        pleading, or suggest phrasing or content of pleadings.
13             (4)  Fill out forms, or direct litigants as  to  how
14        to  fill  out  forms.  If  the  litigant  has  a physical
15        disability or is illiterate and therefore unable to  fill
16        in  a  form,  and the litigant explains the disability to
17        the  clerk's  staff  member  and   requests   appropriate
18        assistance,  then  the  staff member may fill in the form
19        with the exact words provided by the litigant and another
20        staff member must witness the action. If the litigant  is
21        seeking  an order of protection, the clerk, in accordance
22        with the Illinois Domestic  Violence  Act  of  1986,  may
23        provide  simplified forms and clerical assistance to help
24        with the writing and the filing of a petition.
25             (5)  Recommend specific people against whom to  file
26        petitions or pleadings.
27             (6)  Recommend specific types of claims or arguments
28        to assert in pleadings or at trial.
29             (7)  Recommend  what  damages  to  seek  or specific
30        individuals from whom to seek damages.
31             (8)  Recommend specific questions to  ask  witnesses
32        or litigants.
33             (9)  Recommend  specific  techniques  for presenting
34        evidence in pleadings or at trial.
 
                            -4-      LRB093 05588 RLC 13720 a
 1             (10)  Recommend which objection to  raise  regarding
 2        an  opponent's  pleadings or motions at trial or when and
 3        specifically how to raise them.
 4             (11)  Recommend when an individual should request or
 5        oppose a continuance.
 6             (12)  Recommend when or whether an individual should
 7        settle a dispute.
 8             (13)  Recommend whether an individual should  appeal
 9        a judge's decision.
10             (14)  Interpret   the   meaning  or  implication  of
11        statutes or appellate court decisions as they might apply
12        to an individual case.
13             (15)  Perform legal research.
14             (16)  Predict the outcome of a  case,  strategy,  or
15        action.
16             (17)  Reveal  the  outcome  of  a  case  before  the
17        information  is  officially  released to the litigants or
18        public.".