98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1846
 
Introduced 2/15/2013, by Sen. John G. Mulroe
 
SYNOPSIS AS INTRODUCED:
 

 
  
735 ILCS 5/5-105.5

     Amends the Code of Civil Procedure. Defines "court-sponsored pro bono program" as a pro bono program established by or in
partnership with a circuit court in this State for the purpose of providing free civil legal services by
an organized panel of pro bono attorneys. Changes the definition of "indigent person" to mean 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 (instead of under the Legal Services Corporation Act of 1974). Makes a subsection waiving certain court fees applicable to filings by attorneys in court-sponsored pro bono programs.
  


LRB098 06368 HEP 36410 b

 
 
A BILL FOR
 

  
SB1846LRB098 06368 HEP 36410 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Civil Procedure is amended  by 
5changing Section 5-105.5 as follows:
 



6    (735 ILCS 5/5-105.5)



7    Sec. 5-105.5. Representation by civil legal services 
8provider. 

9    (a) As used in this Section:

10    "Civil legal services" means legal services in noncriminal 
11matters provided
without charge to indigent persons who have 
12been found eligible under financial
eligibility guidelines 
13established by the civil legal services provider.

14    "Court-sponsored pro bono program" means a pro bono program 
15established by or in
partnership with a circuit court in this 
16State for the purpose of providing free civil legal services by

17an organized panel of pro bono attorneys. 
18    "Civil legal services provider" means a not-for-profit 
19corporation that (i)
employs one or more attorneys who are 
20licensed to practice law in the State of
Illinois and who 
21directly provide civil legal services or (ii) is established

22for the purpose of providing civil legal services by an 
23organized panel of pro
bono attorneys.

 
 
SB1846- 2 -LRB098 06368 HEP 36410 b

1    "Eligible client" means an indigent person who has been 
2found eligible for
civil legal services by a civil legal 
3services provider.

4    "Indigent person" means a person whose income is 125% or 
5less of the current
official federal poverty income guidelines 
6or who is otherwise eligible to
receive civil legal services 
7under the eligibility guidelines of the civil legal services 
8provider or court-sponsored pro bono program Legal Services 
9Corporation Act of 1974.

10    (b) When a party is represented in a civil action by a 
11civil legal services
provider or attorney in a court-sponsored 
12pro bono program, all fees and costs relating to filing, 
13appearing, transcripts on
appeal, and service of process shall 
14be waived without the necessity of a
motion for that purpose, 
15and the case shall be given an index number or other

16appropriate filing number, provided that (i) a determination 
17has been made by
the civil legal services provider or attorney 
18in a court-sponsored pro bono program that the party is an 
19indigent person and (ii) an
attorney's certification that that 
20determination has been made is filed with
the clerk of the 
21court along with the complaint, the appearance, or any other

22paper that would otherwise require payment of a fee.

23(Source: P.A. 88-41.)