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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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