Home
>
Map
>
Major Developments

Back to Status Map

Illinois

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

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.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

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

Doesn't Affect

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

Legislation

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

January 15, 2025

HB1139

Reinstates parental notification of abortion requirement for minors; they have right to counsel upon request in seeking waiver of requirement.

Appointment of Counsel: Doesn't Affect

Qualified: No

February 20, 2025

HB1336

Reinstates parental notification of abortion requirement for minors; they have right to counsel upon request in seeking waiver of requirement.

Appointment of Counsel: Doesn't Affect

Qualified: No

February 6, 2025

HB2624

Reinstates parental notification of abortion requirement for minors; they have right to counsel upon request in seeking waiver of requirement.

Appointment of Counsel: Doesn't Affect

Qualified: No

March 21, 2025

HB3243

Reinstates parental notification of abortion requirement for minors; they have right to counsel upon request in seeking waiver of requirement.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Forfeiture (incomplete)

Legislation

March 21, 2017

Legislation: civil forfeiture

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

Appointment of Counsel: Doesn't Affect

Qualified: No

April 6, 2017

Legislation: civil forfeiture

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

Appointment of Counsel: Doesn't Affect

Qualified: No

January 28, 2025

HB1717

Provides a right to counsel for forfeiture defendants who were represented by appointed counsel in the related criminal matter

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Housing - Evictions

Legislation

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

Report

June 1, 2019

All about Chicago's tenant representation success

Reports in 2019 and 2024 pointed to the success of providing full representation for Chicago tenants facing eviction.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Housing - General

Pilot

January 1, 2014

Key Development

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

Litigation

Key Development

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

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.

Appointment of Counsel: No Such Proceeding

Qualified: No

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.

Appointment of Counsel: Discretionary

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Discretionary

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Discretionary

Qualified: Yes

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.

Appointment of Counsel: Discretionary

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Involuntary Medical Treatment (incomplete)

Legislation

Key Development

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.

Appointment of Counsel: Discretionary

Qualified: No

Key Development

Discretionary appointment of counsel - paternity (child)

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

Appointment of Counsel: Discretionary

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

About Us

Mission & Vision Our Team Our Work Funders & Supporters Contact

About Civil RTC

History CRTC Champions FAQ

News

Resource Library

Status Map Bibliographies Advocacy Tools Key Issue: Tenant RTC

Get Involved

Donate

Status Map