,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #fjcg  ,,in ,,the ,,house ,,of  
,,representatives  ,february #bh1       
#bjbj,mr4 ,sarbanes 7for himself1 ,mr4  
,nadler1 ,mr4 ,johnson of ,georgia1 ,ms4
 ,bass1 ,ms4 ,scanlon1 and ,mr4         
,kennedy7 introduced the following bill2
 which was referred to the ,committee on
 the ,judiciary  ,a ,,bill  ,to amend   
title #bh1 ,united ,states ,code1 with  
regard to counsel for persons proceeding
 in forma pauperis4  #a4 ,short title   
,this ,act may be cited as the ,fair    
,access to ,legal ,counsel ,act of      
#bjbj4  #b4 ,counsel in cases where     
persons are proceeding in forma pauperis
 ,subsection 7e7 of section #aiae of    
title #bh1 ,united ,states ,code1 is    
amended to read as follows3  7e7 7#a7   
,if a person appears without counsel1   
the court shall inform the person of    
their right to request counsel if unable
 to afford counsel4 ,upon granting such 
request1 the court may appoint counsel  
for that person4  7#b7 ,in evaluating   

whether to grant the request1 a court   
shall consider all of the following on  
the record to the degree they are known 
to the court3 7,a7 ,the person's ability
 to articulate claims1 investigate      
facts1 respond to dispositive motions1  
and otherwise participate1 including3   
7i7 any mental disabilities1 limitations
 on physical liberty1 or language       
barriers2  7ii7 the person's education  
and literacy level2 and  7iii7 any      
assistance the person has received to   
date1 including the sufficiency of that 
assistance and whether it will be       
available in the future4  7,b7 ,the     
degree of factual investigation         
required4  7,c7 ,the complexity of the  
legal and factual questions4  7,d7 ,the 
degree to which the claims turn on      
credibility determinations1 including   
the need for cross-examination4  7,e7   
,whether the person has asserted any    
colorable claims4 ,that fact that       
attorneys have declined to take the case
 shall not be an considered an          

indication of a lack of colorable       
claims4  7,f7 ,the need for expert      
testimony4  7,g7 ,the court's           
willingness to aid the person in        
presenting claims by1 for example1      
explaining how to introduce and move for
 the admission of evidence4  7,h7       
,whether any opposing party is          
represented by counsel4  7,i7 ,any other
 factors the court considers relevant1  
other than that pro se pleadings are    
construed more liberally by the court4  
7#c7 ,the court may not deny a request  
on the grounds that it has not yet ruled
 on dispositive motions1 such as a      
motion to dismiss or for summary        
judgment4  7#d7 ,the court should       
consider whether to provisionally       
appoint counsel for limited purposes1   
such as responding to a particular      
motion1 amending the complaint1         
representing a person at mediation1     
conducting discovery1 or investigating  
the claims for purposes of providing a  
recommendation to the court as to       

whether a full appointment is warranted4
  7#e7 ,notwithstanding paragraphs 7#b7 
through 7#d71 whenever the court        
determines that the interests of justice
 so require1 representation may be      
provided for any financially eligible   
person who is seeking relief under      
section #bbda1 #bbed1 or #bbee4  4