,,ii #aahth ,,congress #b;d ,session ,s4 #edii ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ab1 #bjbd,mr4 ,van ,hollen introduced the following bill2 which was read twice and 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 #bjbd4 #b4 ,findings ,congress finds the following3 7#a7 ,the majority of cases filed by pro se litigants in ,federal court involve basic human needs such as physical and mental health1 safety1 employment1 and housing4 7#b7 ,the cases described in paragraph 7#a7 are also a matter of civil rights4 7#c7 ,pro se litigants are unable to navigate such complex cases without the assistance of counsel4 #c4 ,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 including in a proceeding under title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 or title ,,viii of such ,act 7#db ,u4,s4,c4 #bjjj;f et seq471 the court shall inform the person of their ability 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 including-- 7i7 any barriers to access created by mental health1 intellectual1 cognitive1 or physical disabilities1 incarceration or other confinement1 language or other communication issues1 and education or literacy level2 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 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 shall dismiss a case under this subsection if-- 7,a7 the court determines that the allegation that the person is unable to afford counsel is untrue2 or 7,b7 in a case in which no request for appointment of counsel is made after the person is informed of the right to make such request1 the action or appeal-- 7i7 is frivolous or malicious2 7ii7 fails to state a claim on which relief may be granted2 or 7iii7 seeks monetary relief against a defendant who is immune from such relief4 7#e7 ,the court may require the person to attempt to obtain assistance from private counsel prior to evaluating the factors above4 ,however1 upon receiving a request for counsel1 the court shall communicate to the person the number of attempts required1 if any1 and shall not consider the person's inability to secure private counsel as an indication of a lack of colorable claims4 7#f7 ,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#g7 ,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-- 7,a7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 or 7,b7 title ,,viii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;f et seq474 7#h7 ,to the extent the consideration of the factors described in paragraph 7#b77;,a7 involves personal details not otherwise at issue in the case1 the court should take steps to maintain the privacy of the details including1 for instance1 sealed filings or in camera review4 ,the other party or parties to the action should not have access to these personal details4 ,to the extent the person has already shared personal details by filing a publicly available document1 the court should advise him or her of the option to replace the filing with a redacted or sealed copy in accordance with any applicable local or ,federal rules4 7#i7 ,any challenge to the appointment of counsel made by an opposing party shall be limited to the potential prejudice to that party1 such as a delay in proceedings1 and shall not concern the personal factors considered by the court under paragraph 7#b77;,a74 4 #d4 ,data collection ,not later than #b years after the date of the enactment of this ,act1 and every #b years thereafter1 the ,director of the ,administrative ,office of the ,united ,states ,courts4 shall submit to ,congress and make publicly available a report on the subsection 7e7 of section #aiae of title #bh1 ,united ,states ,code1 as amended by section #c of this ,act1 which shall include the following3 7#a7 ,with respect to persons for whom counsel was provided pursuant to a request under section #aiae7;e77#a7 of title #bh1 ,united ,states ,code1 the types of cases4 ,with respect to a person for whom counsel was provided pursuant to a request under section #aiae7;e77#a7 of title #bh1 ,united ,states ,code1 the type of case1 length of time spent by counsel1 and the outcome of the matter for which such counsel was provided and outcomes of the matters for which such counsel was provided4 7#b7 ,benefits related to increased access to counsel and any remaining barriers to access to counsel pursuant to requests under such section #aiae7;e74 7#c7 ,any changes in the frequency of requests made by courts under such section #aiae7;e74 7#d7 ,other changes to the functioning of the ,federal courts1 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 #aiae7;e74 7#e7 ,suggested changes to such section #aiae to ensure greater access to justice for low-income litigants4