Introduced Version






HOUSE BILL No. 1027

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-10-1-2 .

Synopsis: Pauper counsel in civil actions. Creates a presumption that a person is entitled to an attorney in a civil proceeding if the person is impoverished under the federal poverty guidelines. Creates certain exceptions to the presumption of representation.

Effective: July 1, 2002.





Kuzman




    January 8, 2002, read first time and referred to Committee on Public Policy, Ethics and Veterans Affairs.







Introduced

Second Regular Session 112th General Assembly (2002)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1027



    A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-10-1-2; (02)IN1027.1.1. -->     SECTION 1. IC 34-10-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) This section shall not be construed to prohibit a court from:
        (1) participating in a pro bono legal services program or any other program that provides legal services to litigants without charge or at a reduced fee;
or
        (2) appointing counsel as provided by another statute.

     (b) If the court is satisfied that a person who makes an application described in section 1 of this chapter does not have sufficient means to prosecute or defend the action, the court: shall:
        (1) shall admit the applicant to prosecute or defend as an indigent person; and
        (2) may assign an attorney to defend or prosecute the cause.
     (c) It is presumed that a person who is impoverished according to the federal poverty guidelines will be assigned an attorney under subsection (b)(2). However, the presumption is rebutted if the court finds that the person:
        (1) has financial resources available to employ private counsel without imposing a financial hardship on the person or the person's family;

         (2) is voluntarily unemployed or underemployed;
        (3) is owed money or other assets in an amount sufficient to employ private counsel;
        (4) is impoverished due to incarceration; or
        (5) is unlikely to prevail on the person's claim or defense.

     (d) All officers required to prosecute or defend the action shall do their duty in the case without taking any fee or reward from the indigent person.