Van Hollen, Sarbanes, Scanlon Introduce Bill to Improve Fairness and Equality in America’s Civil Justice System

Today, Senator Chris Van Hollen (D-Md.), Congressman John Sarbanes (D-Md.), and Congresswoman Mary Gay Scanlon (D-Penn.) introduced the Fair Access to Legal Counsel Act (FALCA), legislation to help more Americans secure legal representation in civil court. Reps. Sarbanes and Scanlon first introduced FALCA in the House of Representatives in the 116th Congress.

"Many Americans facing civil court can't afford or don't have access to a lawyer. Our legislation will help facilitate access to legal representation for those Americans - and better ensure their right to equal justice under the law," said Senator Van Hollen.

"Our civil justice system is difficult to navigate, especially for far too many Americans who cannot afford representation," said Congressman Sarbanes, who before coming to Congress worked with the Public Justice Center in Baltimore to help deliver legal services to underserved and underrepresented communities. "This bill ensures that more people can access a lawyer to help them through the legal process."

"Throughout 35 years as a public interest lawyer, I saw firsthand how timely and affordable access to legal representation can make all the difference in a person's life -- whether by keeping a family in their home, securing the right to vote, lifting a person out of poverty, or ensuring that children have a safe, caring home and access to appropriate educational and other services," said Rep. Scanlon, Co-Chair of the Congressional Access to Legal Aid Caucus. "But too many Americans are forced to navigate critical legal challenges without representation. I'm proud to join Rep. Sarbanes and Senator Van Hollen in taking this important step to narrow the legal aid gap and advance access to justice."

In civil cases, pro se litigants - people who represent themselves in court, including many who cannot afford legal representation - often bring complex claims involving civil rights abuses. Under current law, these individuals do not have a guaranteed right to counsel, and in the absence of a single, federal standard for providing counsel, federal courts across the country use different standards for deciding whether to grant a pro se litigant's request for counsel. As a result of this patchwork of standards, counsel is almost never granted in civil cases, making it harder for pro se litigants to navigate the legal process and creating an added burden for court personnel who often must process illegible or incorrectly filed claims.

FALCA would help more pro se litigants secure legal counsel by establishing a standard set of factors - including the complexity of the claim, the need for expert testimony and the validity of the claim - for federal courts to consider when determining whether to provide a lawyer for an individual who cannot afford one. It would also:

• Authorize courts to appoint, rather than simply request, counsel for civil cases;
• Require courts to inform civil litigants of their right to request counsel if they cannot afford it; and
• Allow courts to appoint counsel to assist with important steps in the legal process, like responding to motions or discovery.