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.

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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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.

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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

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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

Legislation

Key_development Question_mark

Right to counsel

A minor must be provided counsel upon request in proceedings to waive parental notification of an abortion.

Appointment of Counsel: categorical Qualified: no

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Child Support Enforcement (Civil Contempt)

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

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Civil Commitment - Subject of Petition

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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Civil Forfeiture

Legislation

Legislation: civil forfeiture

02/09/2017

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

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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 Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

The court must appoint counsel in a guardianship proceeding in certain circumstances.

Appointment of Counsel: categorical Qualified: no

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

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

Paternity - Petitioner or Child

Legislation

Key_development Question_mark

Right to counsel

The State's Attorney must represent the mother or child upon request in a paternity proceeding.

Appointment of Counsel: categorical Qualified: no

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Right to counsel

The mother or child seeking to establish paternity has the right to be represented by the State's Attorney.

Appointment of Counsel: categorical Qualified: yes

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Prisoners

Litigation

Key_development Question_mark

Discretionary appointment of counsel - prisoners

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

Appointment of Counsel: discretionary Qualified: no

Read more about this

Quarantine/Sterilization/Innoculation

Legislation

Key_development Question_mark

Illinois adds counsel for involuntary sterilization proceedings

01/01/2011

A new Illinois law provides a right to counsel where the state proposes to sterilize a ward of the state.

Appointment of Counsel: categorical Qualified: no

Read more about this

Key_development Question_mark

Right to counsel - quarantine and sterilization

There is a right to counsel for indigent pepole subjected to quarantine, as well as owners of buildings that are quarantined, and sterilization.

Appointment of Counsel: categorical Qualified: no

Read more about this

Sexually Dangerous Persons - Confinement

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

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

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

Other Subject Areas

Legislation

Key_development Question_mark

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

Read more about this

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

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