Illinois

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Color Key Explanation
Categorical Right To Counsel There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).
Discretionary Appointment Of Counsel Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.
Right Or Appointment Is Qualified The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.
No Such Proceeding This state has no law creating a judicial proceeding of this type.
No Authorization, But Relevant Materials While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.
Other Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent respondent parents in dependency proceedings, including the appeal.

Appointment of Counsel: categorical Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

Children in abuse/neglect cases are entitled to counsel in certain circumstances.

Appointment of Counsel: categorical Qualified: yes

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Adult Protective Proceedings - Protected Person (incomplete)

Legislation

No such proceeding

Though no right to counsel for could be found, the Department cannot provide services without consent.

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All Basic Human Needs

Legislation

Illinois legislation creates civil right to counsel pilots project

01/01/2014

The “Access to Justice Act”, enacted in 2013, creates a set of statewide pilot projects for the provision of counsel in civil cases.

 

Nccrc_involvement_icon NCCRC is working with the pilot designers on shaping the pilots, and contributed information on other pilot projects across the country.

Read more about this

Key_development Question_mark

Discretionary appointment of counsel

A court has the discretion to appoint counsel for an indigent person in any civil case.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Litigation

Key_development Question_mark

Discretionary appointment of counsel

Several appellate courts have suggested that trial courts have the inherent power to appoint counsel where necessary.

Appointment of Counsel: discretionary Qualified: no

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Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

No such proceeding

There is no requirement that a minor obtain parental input prior to having an abortion.

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Child Support Establishment

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court may appoint counsel for a child in a child support matter brought under the Ill. Marriage and Dissolution of Marriage Act.

Appointment of Counsel: discretionary Qualified: yes

Read more about this

Civil Contempt in Family Court

Litigation

Key_development Question_mark

Right to counsel

An appellate court found a right to counsel in civil contempt cases, and the decision may have been affirmed by the Illinois Supreme Court.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Civil Commitment

Legislation

Key_development Question_mark

Right to counsel

Indigent respondents are entitled to counsel in involuntary or judicial admissions to mental health facilities, including counsel for an appeal.

Appointment of Counsel: categorical Qualified: no

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Forfeiture (incomplete)

Legislation

Legislation: civil forfeiture

04/06/2017

These bills would permit a court to appoint counsel for a third party intervening in a civil forfeiture action.

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Legislation: civil forfeiture

03/21/2017

Several bills would provide a right to counsel for all or certain forfeiture proceedings.

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Custody Disputes - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for a minor in proceedings under the Marriage and Dissolution of Marriage Act.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Domestic Violence - Alleged Victim

Legislation

Key_development Question_mark

Right to counsel

A court must, in some circumstances, appoint counsel for the estate of a DV victim, and for some minors and petitioners in DV cases.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Guardianship/Conservatorship of Children - Child (incomplete)

Legislation

Key_development Question_mark

Discretionary appointment of guardian ad litem

The court may appoint a guardian ad litem for a minor subject to guardianship, though it is not clear whether the GAL must be an attorney.

Appointment of Counsel: discretionary Qualified: yes

Read more about this

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key_development Question_mark

Right to counsel

The right to appointed counsel in guardianship proceedings is limited to contested cases where the ward makes a request for counsel.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Housing - Discrimination

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel in any case involving civil rights violations in real estate transactions.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Housing - Evictions

Legislation

Illinois introduces eviction right to counsel bills

02/17/2023

In 2023, the Illinois legislature introduced a few different bills that would provide for the appointment of counsel in eviction matters.

Read more about this

Report

Report: attys, especially legal aid attys, reduce Chicago evictions

06/01/2019

A 2019 report found that being represented by a legal services attorney has a significant impact on eviction rates.

Read more about this

Housing - General

Pilot

Illinois legislation creates 5-year civil right to counsel pilots project

01/01/2014

The 2013 “Access to Justice Act” creates a set of statewide pilot projects (likely to focus on housing) on providing counsel in civil cases.

 

Nccrc_involvement_icon The NCCRC has been working with the pilot designers since the legislation was approved.

Read more about this

Immigration

Legislation

Illinois creates immigration right to counsel task force

05/17/2022

An enacted 2022 bill creates a task force to study implementation of an immigration right to counsel, with a report due in 2023.

Read more about this

Issues Related to Incarcerated People

Legislation

Key_development Question_mark

Right to counsel for parole review hearings

Indigent incarcerated individuals entitled to counsel for parole review hearings

Appointment of Counsel: categorical Qualified: no

Read more about this

Litigation

Discretionary appointment of counsel - Incarcerated individuals

The Illinois Supreme Court has said that some incarcerated individuals may be entitled to counsel on a case-by-case basis.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Incarceration for Fees/Fines (incomplete)

Litigation

Key_development Question_mark

Right to counsel

An appellate court found a right to counsel in civil contempt cases, and the decision may have been affirmed by the Illinois Supreme Court.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Involuntary Medical Treatment (incomplete)

Legislation

Key_development Question_mark

Right to counsel

Indigent persons subject to petitions for involuntary outpatient treatment are entitled to court-appointed counsel.

Appointment of Counsel: categorical Qualified: no

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Paternity - Petitioner or Child

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court may appoint counsel for a child in a paternity proceeding.

Appointment of Counsel: discretionary Qualified: yes

Read more about this

Quarantine/Isolation

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for people, and owners of places, subject to quarantine, except if due to sexually transmissible disease.

Appointment of Counsel: categorical Qualified: yes

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Sexually Dangerous Persons - Commitment

Legislation

Key_development Question_mark

Right to counsel

Indigent respondents have a right to counsel in sexually violent person commitments.

Appointment of Counsel: categorical Qualified: no

Read more about this

Sterilization

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for sterilization of the ward of a guardianship (which is the only time sterilization is authorized).

Appointment of Counsel: categorical Qualified: no

Read more about this

Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Right to counsel

A court must appoint an attorney to serve as guardian ad litem for a child in an adoption proceeding.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

A court must appoint counsel for children in termination of parental rights cases in certain circumstances.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Termination of Parental Rights (Private) - Birth Parents

Legislation

Right to counsel for certain parents

In adoptions, the court shall appoint counsel for parents alleged unfit due to mental impairment, mental illness or an intellectual disability.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Litigation

Key_development Question_mark

Right to counsel

The Illinois Supreme Court found a right to counsel in adoption cases under the equal protection clause of the U.S. Constitution.

Appointment of Counsel: categorical Qualified: no

Read more about this

Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent parents in termination of parental rights proceedings, including the appeal.

Appointment of Counsel: categorical Qualified: no

Read more about this

Truancy - Petition Against Child

Legislation

Key_development Question_mark

Right to counsel

There is a right to appointed counsel for children in truancy proceedings (which are handled as truant minor in need of supervision matters).

Appointment of Counsel: categorical Qualified: no

Read more about this

Other Subject Areas

Legislation

Right to counsel - Transfer of disabled person's property

A court must appoint a person (not necessarily an attorney) for disabled spouses where joint property is being conveyed.

Appointment of Counsel: categorical Qualified: yes

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Discretionary appointment of counsel - paternity (child)

A court may appoint counsel for a child in a paternity proceeding.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Discretionary appointment of counsel

The Code of Civil Procedure provides that a court may, in its discretion, appoint counsel to represent an indigent person.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Litigation

Inherent authority to appoint GAL for minor litigant

Courts have may appoint a guardian ad litem for a minor involved in litigation under their inherent authority who may or may not be an attorney.

Appointment of Counsel: discretionary Qualified: yes

Read more about this

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