Sec. 418. Pilot program to provide access to counsel in Federal court

775 words·~4 min read·/bill/116/s/5070/is/section-418

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In this section: The term Director means the Director of the Administrative Office of the United States Courts. The term eligible entity means any of the following: A State or local public defenders office. A clinical law program at a nonprofit law school. An organization described in section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code, which organization has expertise in providing legal assistance to persons unable to afford counsel.

A State bar association. The Director is authorized to carry out a pilot program to facilitate the appointment of counsel under section 1915(e)(1) of title 28, United States Code. In carrying out the pilot program, the Director is authorized to make grants to eligible entities, and make funds available to Federal public defender and community defender organizations and to courts of the United States. An eligible entity seeking a grant under this section shall submit to the Director an application at such time, in such manner, and containing such information as the Director may reasonably require.

In considering an application submitted by an eligible entity under subsection (c), the Director shall give priority to an application from an eligible entity with demonstrated cultural competency initiatives that has expertise in representing low-income persons in civil actions, which may include— persons earning 200 percent or below of area median income, up to $100,000; persons qualifying for means-tested public benefits; persons who reside in subsidized housing; and persons serving a term of imprisonment.

The Director shall give priority to areas of varying geographic size with the greatest showing of unmet need for counsel, and shall, to the extent practicable, equitably distribute funds on a geographic basis including nonurban and rural areas of various geographic size. The Director may not prioritize distributing funds to Federal entities over making grants to eligible entities. An eligible entity receiving a grant under this section shall use such funds as follows: In the case of an entity described in subsection (a)(2)(A), to provide financial compensation to staff or contracted attorneys who provide counsel pursuant to requests under section 1915(e)(1) of title 28, United States Code.

In the case of an entity described in subsection (a)(2)(B), to fund a clinical law program that provides counsel pursuant to requests under section 1915(e)(1) of title 28, United States Code. In the case of an entity described in subparagraph

(C)or

(D)of subsection (a)(2), to provide financial compensation to attorneys who provide counsel pursuant to requests under section 1915(e)(1) of title 28, United States Code. A Federal public defender organization and community defender organization shall use funds under this section to provide financial compensation to staff or contracted attorneys who provide counsel pursuant to requests under section 1915(e)(1) of title 28, United States Code. A court of the United States shall use funds under this section to provide financial compensation to attorneys who provide counsel pursuant to requests under section 1915(e)(1) of title 28, United States Code. To the extent practicable, and in accordance with applicable ethics rules, an eligible entity receiving a grant under this section shall ensure the provision of full representation of each person with respect to whom the entity provides, or facilitates the provision, of counsel pursuant to a request under section 1915(e)(1) of title 28, United States Code. Not later than 2 years after the date of the enactment of this Act, and every 2 years thereafter, the Director shall submit to Congress and make publicly available a report on the pilot program under this section, which report shall include the following: With respect to persons for whom counsel was provided pursuant to a request under section 1915(e)(1) of title 28, United States Code, the types of cases, length of time spent on cases by attorneys and outcomes of the matters for which such counsel was provided. Benefits related to increased access to counsel and any remaining barriers to access to counsel pursuant to requests under such section 1915(e)(1). Any changes in the frequency of requests made by courts under such section 1915(e)(1). Other changes to the functioning of the Federal courts related to the pilot program, including increases in efficiency of adjudication of cases and changes in the number of cases resolved in favor of the party for whom counsel was provided pursuant to a request under such section 1915(e)(1). Suggested changes to the pilot program to ensure greater access to justice for low-income litigants. There is authorized to be appropriated such sums as may be necessary for each of fiscal years 2021 through 2030, of which the Director may reserve not more than 5 percent for administrative costs.