Fair Access to Legal Counsel Act of 2020

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fair Access to Legal 4 Counsel Act of 2020’’. 5 SEC. 2. COUNSEL IN CASES WHERE PERSONS ARE PRO- 6 CEEDING IN FORMA PAUPERIS. 7 Subsection (e) of section 1915 of title 28, United 8 States Code, is amended to read as follows: 9 VerDate Sep 11 2014 22:39 Mar 04, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6037.IH H6037 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6037 IH ‘‘(e)(1) If a person appears without counsel, the court 1 shall inform the person of their right to request counsel 2 if unable to afford counsel. Upon granting such request, 3 the court may appoint counsel for that person. 4 ‘‘(2) In evaluating whether to grant the request, a 5 court shall consider all of the following on the record to 6 the degree they are known to the court: 7 ‘‘(A) The person’s ability to articulate claims, 8 investigate facts, respond to dispositive motions, and 9 otherwise participate, including: 10 ‘‘(i) any mental disabilities, limitations on 11 physical liberty, or language barriers; 12 ‘‘(ii) the person’s education and literacy 13 level; and 14 ‘‘(iii) any assistance the person has re- 15 ceived to date, including the sufficiency of that 16 assistance and whether it will be available in 17 the future. 18 ‘‘(B) The degree of factual investigation re- 19 quired. 20 ‘‘(C) The complexity of the legal and factual 21 questions. 22 ‘‘(D) The degree to which the claims turn on 23 credibility determinations, including the need for 24 cross-examination. 25 VerDate Sep 11 2014 22:39 Mar 04, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6037.IH H6037 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6037 IH ‘‘(E) Whether the person has asserted any 1 colorable claims. That fact that attorneys have de- 2 clined to take the case shall not be an considered an 3 indication of a lack of colorable claims. 4 ‘‘(F) The need for expert testimony. 5 ‘‘(G) The court’s willingness to aid the person 6 in presenting claims by, for example, explaining how 7 to introduce and move for the admission of evidence. 8 ‘‘(H) Whether any opposing party is rep- 9 resented by counsel. 10 ‘‘(I) Any other factors the court considers rel- 11 evant, other than that pro se pleadings are con- 12 strued more liberally by the court. 13 ‘‘(3) The court may not deny a request on the 14 grounds that it has not yet ruled on dispositive motions, 15 such as a motion to dismiss or for summary judgment. 16 ‘‘(4) The court should consider whether to provision- 17 ally appoint counsel for limited purposes, such as respond- 18 ing to a particular motion, amending the complaint, rep- 19 resenting a person at mediation, conducting discovery, or 20 investigating the claims for purposes of providing a rec- 21 ommendation to the court as to whether a full appoint- 22 ment is warranted. 23 ‘‘(5) Notwithstanding paragraphs (2) through (4), 24 whenever the court determines that the interests of justice 25 VerDate Sep 11 2014 22:39 Mar 04, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6037.IH H6037 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6037 IH so require, representation may be provided for any finan- 1 cially eligible person who is seeking relief under section 2 2241, 2254, or 2255.’’. 3 Æ VerDate Sep 11 2014 22:39 Mar 04, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H6037.IH H6037 pamtmann on DSKBC07HB2PROD with BILLS