Illinois
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Categorical
Abuse/Neglect/Dependency - Accused Parents
Legislation
Key Development
Right to counsel
There is a right to counsel for indigent respondent parents in dependency proceedings, including the appeal.
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Qualified
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Right to counsel
Children in abuse and termination cases are entitled to counsel in certain circumstances.
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Doesn't Affect
Adult Protective Proceedings - Protected Person
Legislation
Qualified appointment of GAL
Services must be consensual, absent an emergency ex parte order, which triggers the appointment of a GAL who may or may not be an attorney.
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Doesn't Affect
All Basic Human Needs
Legislation
January 1, 2014
Illinois legislation creates civil right to counsel pilots project
The “Access to Justice Act”, enacted in 2013, creates a set of statewide pilot projects for the provision of counsel in civil cases.
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Discretionary appointment of counsel
A court has the discretion to appoint counsel for an indigent person in any civil case.
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Litigation
Discretionary appointment of counsel
Several appellate courts have suggested that trial courts have the inherent power to appoint counsel where necessary.
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No Such Proceeding
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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March 16, 2023
Bills seeking to reinstate parental notification of abortion requirement die
The Illinois House introduced six bills in the 2023-24 session to require minors to notify their parents of their intent to seek an abortion.
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Qualified
Child Support Establishment
Legislation
Key Development
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.
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
Indigent respondents are entitled to counsel in involuntary or judicial admissions to mental health facilities, including counsel for an appeal.
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Qualified
Civil Contempt in Family Court
Litigation
Key Development
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.
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Discretionary
Custody Disputes - Children
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for a minor in proceedings under the Marriage and Dissolution of Marriage Act.
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Qualified
Domestic Violence - Alleged Victim
Legislation
Key Development
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.
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Doesn't Affect
Forfeiture (incomplete)
Legislation
April 6, 2017
Legislation: civil forfeiture
These bills would permit a court to appoint counsel for a third party intervening in a civil forfeiture action.
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March 21, 2017
Legislation: civil forfeiture
Several bills would provide a right to counsel for all or certain forfeiture proceedings.
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Qualified
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to counsel
The right to appointed counsel in guardianship proceedings is limited to contested cases where the ward makes a request for counsel.
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Qualified
Guardianship/Conservatorship of Children - Child (incomplete)
Legislation
Key Development
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.
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Discretionary
Housing - Discrimination
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel in any case involving civil rights violations in real estate transactions.
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Doesn't Affect
Housing - Evictions
Report
June 1, 2019
Report: attys, especially legal aid attys, reduce Chicago evictions
A 2019 report found that being represented by a legal services attorney has a significant impact on eviction rates.
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Legislation
February 17, 2023
Illinois introduces eviction right to counsel bills
In 2023, the Illinois legislature introduced a few different bills that would provide for the appointment of counsel in eviction matters.
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May 24, 2024
Illinois considers tenant right to counsel bills
The legislature introduced three bills related to the tenant right to counsel, including one bill that would have provided broader protections.
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Doesn't Affect
Housing - General
Pilot
January 1, 2014
Illinois legislation creates 5-year civil right to counsel pilots project
The 2013 “Access to Justice Act” creates a set of statewide pilot projects (likely to focus on housing) on providing counsel in civil cases.
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Doesn't Affect
Immigration
Legislation
May 17, 2022
Illinois creates immigration right to counsel task force
An enacted 2022 bill creates a task force to study implementation of an immigration right to counsel, with a report due in 2023.
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Qualified
Incarceration for Fees/Fines (incomplete)
Litigation
Key Development
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.
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Categorical
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
Right to counsel
Indigent persons subject to petitions for involuntary outpatient treatment are entitled to court-appointed counsel.
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Discretionary
Issues Related to Incarcerated People
Litigation
Key Development
Discretionary appointment of counsel
The Illinois Supreme Court has said that some incarcerated individuals may be entitled to counsel on a case-by-case basis.
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Legislation
Key Development
Right to counsel for parole review hearings
Indigent incarcerated individuals entitled to counsel for parole review hearings
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Qualified
Other subject area
Legislation
Key Development
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.
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Key Development
Discretionary appointment of counsel - paternity (child)
A court may appoint counsel for a child in a paternity proceeding.
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Key Development
Discretionary appointment of counsel
The Code of Civil Procedure provides that a court may, in its discretion, appoint counsel to represent an indigent person.
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Litigation
Key Development
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.
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Qualified
Parentage - Petitioner or Child
Legislation
Key Development
Discretionary appointment of counsel
The court may appoint counsel for a child in a paternity proceeding.
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Qualified
Quarantine/Isolation
Legislation
Key Development
Right to counsel
There is a right to counsel for people, and owners of places, subject to quarantine, except if due to sexually transmissible infection.
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Categorical
Sexually Dangerous Persons - Commitment
Legislation
Key Development
Right to counsel
Indigent respondents have a right to counsel in sexually violent person commitments.
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Categorical
Sterilization
Legislation
Key Development
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).
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Categorical
Termination of Parental Rights (Private) - Birth Parents
Litigation
Key Development
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.
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Legislation
Key Development
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.
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Qualified
Termination of Parental Rights (Private) - Children
Legislation
Key Development
Right to counsel
A court must appoint an attorney to serve as guardian ad litem for a child in an adoption proceeding.
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Categorical
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
Right to counsel
There is a right to counsel for indigent respondent parents in dependency proceedings, including the appeal.
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Qualified
Termination of Parental Rights (State) - Children
Legislation
Key Development
Right to counsel
Children in abuse and termination cases are entitled to counsel in certain circumstances.
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Categorical
Truancy - Petition Against Child
Legislation
Key Development
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).
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Discretionary
All Basic Human Needs
Debtor’s Prison / Financial
Domestic Violence
Education
Family Law
Health
Housing
Categorical
Issues Related to Incarcerated People
Qualified