705 ILCS 95/ Access to Justice Act.

(705 ILCS 95/1)

Sec. 1. Short title. This Act may be cited as the Access to Justice Act.

(Source: P.A. 98-351, eff. 8-15-13.)

(705 ILCS 95/5)

Sec. 5. Findings.

(a) The justice system in this State can only function fairly and effectively when there is meaningful access to legal information, resources, and assistance for all litigants, regardless of their income or circumstances.

(b) Increasing numbers of people throughout this State, including an increasing number of active duty service members and veterans, are coming into the courts without legal representation for cases involving important legal matters impacting the basics of life such as health, safety, and shelter. In order for the courts to provide fair and efficient administration of justice in these cases, it is critical that people, and active duty service members and veterans in particular, have better access to varying levels of legal assistance appropriate for their individual circumstances, which will reduce the number of cases the courts must manage and reduce unnecessary backlogs and delays in the court system for the benefit of all litigants.

(c) An increasing number of active duty service members and veterans in this State have a need for legal information and assistance in a variety of matters that are often critical to their safety and independence, yet they are often unable to access that assistance. Providing access to legal advice and a referral system of attorneys for veterans and active duty service members, who often have underlying issues as a result of their military service, increases the efficiency of the court system and advances access to justice for everyone in this State.

(Source: P.A. 98-351, eff. 8-15-13; 99-281, eff. 8-5-15.)

(705 ILCS 95/7)

Sec. 7. Definitions. As used in this Act:

(a) "Foundation" means the Illinois Equal Justice Foundation, a not-for-profit corporation created by the Illinois State Bar Association and the Chicago Bar Association and recognized under the Illinois Equal Justice Act.

(b) "Illinois Access to Civil Justice Council" or "Council" means a special advisory body created by the Foundation. The Council consists of 7 members, appointed as follows: one by the Lawyers Trust Fund of Illinois, one by the Chicago Bar Foundation, one by the Illinois Bar Foundation, one by the Illinois Department of Veterans' Affairs, one by the Illinois Attorney General, and 2 by the Foundation or any successor entities or agencies as designated by the Council.

(Source: P.A. 99-281, eff. 8-5-15.)

(705 ILCS 95/10)

Sec. 10. Pilot programs.

(a) The Illinois Access to Civil Justice Council shall develop a pilot program to create a statewide military personnel and veterans' legal assistance hotline and coordinated network of legal support resources.

(a-5) The Supreme Court Access to Justice Commission may develop a pilot program to provide court-based legal assistance services.

(b) The General Assembly recommends that the pilot programs:

(1) provide intake, screening, and varying levels of legal assistance to ensure that the parties served by these programs have meaningful access to justice;

(2) gather information on the outcomes associated with providing the services described in paragraph (1) of this subsection; and

(3) guard against the involuntary waiver of rights or disposition by default.

(Source: P.A. 98-351, eff. 8-15-13; 99-281, eff. 8-5-15.)

(705 ILCS 95/15)

Sec. 15. Access to Justice Fund.

(a) The Access to Justice Fund is created as a special fund in the State treasury. Moneys in the Access to Justice Fund shall be appropriated to the Attorney General for disbursements to the Foundation. The Foundation shall use the moneys to make grants and distributions for the administration of the pilot programs created under this Act. Grants or distributions made under this Act to the Foundation are subject to the requirements of the Illinois Grant Funds Recovery Act.

(b) In accordance with the requirements of the Illinois Equal Justice Act, the Foundation may make grants, enter into contracts, and take other actions recommended by the Council to effectuate the pilot programs and comply with the other requirements of this Act.

(c) The governing board of the Foundation must prepare and submit 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 grants or distributions and that received grants or distributions 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 of grants or distributions 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; (v) a statement of the Fund balance at the start and at the close of the previous year and the interest earned during the previous year; and (vi) any notices the Foundation issued denying applications for grants or distributions 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.

(d) The Foundation may annually retain a portion of the disbursements it receives under this Section to reimburse the Foundation for the actual cost of administering the Council and for making the grants and distributions pursuant to this Act during that year.

(e) No moneys distributed by the Foundation from the Access to Justice Fund may be directly or indirectly used for lobbying activities, as defined in Section 2 of the Lobbyist Registration Act or as defined in any ordinance or resolution of a municipality, county, or other unit of local government in Illinois.

(f) 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.

(g) 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. 99-281, eff. 8-5-15; 100-987, eff. 7-1-19.)

(705 ILCS 95/16)

Sec. 16. Fiscal year 2020 grants. If and only if Senate Bill 262 of the 101st General Assembly becomes law, then funds appropriated for grants in Section 165 of Article 105 of Senate Bill 262 of the 101st General Assembly shall be awarded by the Department of Human Services in equal amounts to the Westside Justice Center and the Resurrection Project.

(Source: P.A. 101-10, eff. 6-5-19.)

(705 ILCS 95/20)

Sec. 20. Evaluation. The Council shall study the effectiveness of the pilot programs implemented under this Act and submit a report to the Supreme Court, Governor, and General Assembly by June 1, 2021. The report shall include the number of people served by the veteran and active military legal hotline and pro bono program and data on how the pilot programs expanded access to justice and the impact on government programs and community resources. This report shall describe the benefits of providing legal assistance to those who were previously unrepresented, both for the clients, the military and veteran service organizations, and civil legal aid programs, and shall describe strategies and recommendations for maximizing the benefit of that representation in the future. The report shall include an assessment of the continuing unmet needs and, if available, data regarding those unmet needs.

(Source: P.A. 98-351, eff. 8-15-13; 99-281, eff. 8-5-15.)

(705 ILCS 95/25)

Sec. 25. Statutory Court Fee Task Force.

(a) There is hereby created the Statutory Court Fee Task Force. The purpose of the Task Force is to conduct a thorough review of the various statutory fees imposed or assessed on criminal defendants and civil litigants.

(b) The Task Force shall consist of 15 members, appointed as follows: one each by the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, and the Minority Leader of the Senate; 2 by the association representing circuit court clerks; 2 by the Governor, and 7 by the Supreme Court.

(c) At the direction of the Supreme Court, the Administrative Office of the Illinois Courts shall provide administrative support to the Task Force.

(d) The Task Force shall submit a report containing its findings and any recommendations to the Supreme Court and the General Assembly by June 1, 2016.

(Source: P.A. 98-351, eff. 8-15-13; 98-763, eff. 7-16-14.)

(705 ILCS 95/30)

Sec. 30. (Amendatory provisions; text omitted).

(Source: P.A. 98-351, eff. 8-15-13; text omitted.)

(705 ILCS 95/35)

Sec. 35. (Amendatory provisions; text omitted).

(Source: P.A. 98-351, eff. 8-15-13; text omitted.)

(705 ILCS 95/40)

Sec. 40. (Amendatory provisions; text omitted).

(Source: P.A. 98-351, eff. 8-15-13; text omitted.)

(705 ILCS 95/45)

Sec. 45. (Amendatory provisions; text omitted).

(Source: P.A. 98-351, eff. 8-15-13; text omitted.)

(705 ILCS 95/99)

Sec. 99. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 98-351, eff. 8-15-13.)