The Illinois Access to Justice Act
Governor Quinn signed the Access to Justice Act, HB3111, on Thursday, August 15, 2013. Although the bill is aimed primarily at helping veterans and active duty servicemembers who are facing civil lawsuits, the law also provides funding for legal self-help centers in law libraries, creates a task force to review court fees as a means of funding legal aid, and establishes a “civil Gideon pilot”. The pilot is funded in part by a new $10 filing fee in civil cases and makes Illinois the second state to offer state-supported legal counsel in civil cases, outside of certain matters dealing with parental rights and involuntary committal.
In 2000, the American Judicature Society, along with the State Justice Institute and Open Society Institute, released a report detailing a steady rise in self-representation in our court. That trend has not reversed and by some estimates, 80 to 90 percent of family law cases have at least one unrepresented party. Lack of counsel does not merely expose a litigant to risk, it also creates conflicts for judges who must interpret improperly drafted pleadings and delays cases when procedural missteps must be corrected.
In our ongoing analysis of the Parentage and Domestic Relations courts in Cook County, we have heard many practitioners and court employees comment on the number of pro se litigants. The impact increased self-representation has on the courts and on the quality of justice those litigants receive is significant and will need to be addressed, if those courts are to improve. We hope the Civil Gideon pilot project is successful and can be expanded to serve the needs of all Illinois residents facing lawsuits but unable to afford their own attorney.
By the way, the term “Civil Gideon” refers to a movement seeking to establish the right to an attorney in certain civil cases, much like the right to an attorney in criminal proceedings, regardless of ability to pay. The name comes from the famous case, Gideon vs. Wainwright, which established the right to an attorney in criminal cases.