Discretionary appointment of counsel

Key_development Question_mark

Legislation, All Basic Human Needs

Should a court deem a person indigent in a civil action, the court "in its discretion, may appoint counsel," and that counsel must "perform his or her duties without fees, charges, or reward." 735 Ill. Comp. Stat. 5/5-105(g).


In proceedings involving violations of civil rights, the court has discretion to appoint counsel for persons who are "financially unable to bear the costs of such action", plus the attorney can petition for an award of attorneys fees, and the court in its discretion can award attorneys fees to the prevailing party. 775 Ill. Comp. Stat. 5/10-102(B).

Appointment of Counsel: discretionary Qualified: no