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.
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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2001 General Assembly.
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.