SENATE AMENDED PRIOR PRINTER'S NOS. 3211, 3541, 3677, PRINTER'S NO. 4167 4093
No. 2322 Session of 2002
INTRODUCED BY FEESE, MANDERINO, M. BAKER, BARD, ALLEN, BASTIAN, BEBKO-JONES, BELFANTI, BISHOP, BROWNE, BUNT, BUXTON, CALTAGIRONE, CAPPELLI, CIVERA, L. I. COHEN, M. COHEN, COLAFELLA, CORNELL, COY, CREIGHTON, CURRY, DALEY, DALLY, DERMODY, DeWEESE, DIVEN, D. EVANS, FICHTER, FRANKEL, FREEMAN, GEORGE, GODSHALL, HARHAI, HARPER, HENNESSEY, HERMAN, JAMES, JOSEPHS, KREBS, LAUGHLIN, LEDERER, LEVDANSKY, MAITLAND, McCALL, McGILL, McILHATTAN, McNAUGHTON, MELIO, MICHLOVIC, MICOZZIE, MUNDY, MYERS, O'BRIEN, OLIVER, PALLONE, PERZEL, PETRONE, PICKETT, PISTELLA, PRESTON, ROBINSON, ROEBUCK, ROONEY, RUBLEY, SANTONI, SATHER, SCRIMENTI, SCHULER, SHANER, SOLOBAY, STABACK, STEIL, STETLER, R. STEVENSON, STURLA, SURRA, E. Z. TAYLOR, J. TAYLOR, THOMAS, TRELLO, TRICH, VEON, WANSACZ, WASHINGTON, WATERS, WATSON, J. WILLIAMS, WILT, WOJNAROSKI, G. WRIGHT, YOUNGBLOOD, BENNINGHOFF, PIPPY, GRUITZA, ARMSTRONG, GORDNER, HORSEY, BUTKOVITZ, CORRIGAN, LESCOVITZ, KIRKLAND, VITALI, NAILOR, J. EVANS, YEWCIC, LEWIS, ROBERTS, SAYLOR, KENNEY, MANN, STEELMAN, CAWLEY AND BELARDI, JANUARY 30, 2002
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 27, 2002
AN ACT 1 Establishing AMENDING TITLE 42 (JUDICIARY AND JUDICIAL <-- 2 PROCEDURE) OF THE PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER 3 PROVIDING FOR THE JUDICIAL COMPUTER SYSTEM AUGMENTATION 4 ACCOUNT; AND ESTABLISHING the Access to Justice Account to 5 provide for civil legal services to indigent persons and for 6 imposition of fees. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Short title. <-- 10 This act shall be known and may be cited as the Access to
1 Justice Act. 2 Section 2. Declaration of policy. 3 SECTION 1. SECTION 3733(A.1) OF TITLE 42 OF THE PENNSYLVANIA <-- 4 CONSOLIDATED STATUTES IS AMENDED TO READ: 5 § 3733. DEPOSITS INTO ACCOUNT. 6 * * * 7 (A.1) ADDITIONAL FEES.-- 8 (1) IN ADDITION TO THE COURT COSTS AND FILING FEES 9 AUTHORIZED TO BE COLLECTED BY STATUTE[, AN]: 10 (I) AN ADDITIONAL FEE OF [$5] $10 SHALL BE CHARGED 11 AND COLLECTED BY THE PROTHONOTARIES OF THE PENNSYLVANIA 12 SUPREME, SUPERIOR AND COMMONWEALTH COURTS FOR EACH 13 INITIAL FILING FOR WHICH A FEE, CHARGE OR COST IS NOW 14 AUTHORIZED. 15 (II) AN ADDITIONAL FEE OF [$5] $10 SHALL BE CHARGED 16 AND COLLECTED BY THE PROTHONOTARIES, CLERKS OF ORPHANS' 17 COURTS AND REGISTERS OF WILLS OF ALL COURTS OF COMMON 18 PLEAS, OR BY ANY OFFICIALS DESIGNATED TO PERFORM THE 19 FUNCTIONS THEREOF, FOR THE INITIATION OF ANY CIVIL ACTION 20 OR LEGAL PROCEEDING. 21 (III) AN ADDITIONAL FEE OF [$5] $10 SHALL BE CHARGED 22 BY THE CLERKS OF COURTS OF ALL COURTS OF COMMON PLEAS, OR 23 BY ANY OFFICIALS DESIGNATED TO PERFORM THE FUNCTIONS 24 THEREOF, FOR THE INITIATION OF ANY CRIMINAL PROCEEDING 25 FOR WHICH A FEE, CHARGE OR COST IS NOW AUTHORIZED AND A 26 CONVICTION IS OBTAINED OR GUILTY PLEA IS ENTERED[, EXCEPT 27 IN MISDEMEANOR CASES IN WHICH CASE A FEE OF $1.50 WILL BE 28 CHARGED]. 29 (IV) AN ADDITIONAL FEE OF [$1.50] $10 SHALL BE 30 CHARGED AND COLLECTED BY THE MINOR JUDICIARY, INCLUDING 20020H2322B4167 - 2 -
1 DISTRICT JUSTICES, PHILADELPHIA MUNICIPAL COURT, 2 PHILADELPHIA TRAFFIC COURT AND PITTSBURGH MAGISTRATES 3 COURT, FOR THE INITIATION OF A LEGAL PROCEEDING FOR WHICH 4 A FEE OR COST IS NOW AUTHORIZED, EXCEPT THAT IN CRIMINAL, 5 SUMMARY AND TRAFFIC MATTERS THE FEE SHALL BE CHARGED ONLY 6 WHEN A CONVICTION IS OBTAINED OR GUILTY PLEA IS ENTERED. 7 [THE ADDITIONAL FEES] 8 (V) AN ADDITIONAL FEE OF $10 SHALL BE CHARGED AND 9 COLLECTED BY THE RECORDERS OF DEEDS AND CLERKS OF COURT, 10 OR BY ANY OFFICIALS DESIGNATED TO PERFORM SIMILAR 11 FUNCTIONS, FOR EACH FILING OF A DEED, MORTGAGE OR 12 PROPERTY TRANSFER FOR WHICH A FEE, CHARGE OR COST IS NOW 13 AUTHORIZED. 14 (2) OF THE ADDITIONAL FEES IDENTIFIED IN PARAGRAPH (1), 15 $9 OF EACH ADDITIONAL FEE SHALL BE DEPOSITED INTO THE 16 JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT[.] AND UNTIL <-- 17 AUGUST 1, 2005, $1 OF EACH ADDITIONAL FEE SHALL BE DEPOSITED 18 INTO THE ACCESS TO JUSTICE ACCOUNT UNDER SECTION 4704 4904 <-- 19 (RELATING TO ESTABLISHMENT OF ACCESS TO JUSTICE ACCOUNT). THE 20 MONEYS CHARGED AND COLLECTED UNDER THIS SUBSECTION SHALL BE 21 PAID TO THE COURT IMPOSING THE FEE, WHICH SHALL TRANSFER THE 22 MONEYS TO THE STATE TREASURER FOR DEPOSIT INTO THE 23 APPROPRIATE ACCOUNT. FOR THE PURPOSES OF PARAGRAPH (1)(V), 24 THE COURT SHALL BE THE COUNTY COURT OF COMMON PLEAS. 25 * * * 26 SECTION 2. TITLE 42 IS AMENDED BY ADDING A CHAPTER TO READ: 27 CHAPTER 47 <-- 28 ACCESS TO JUSTICE ACT 29 SEC. 30 4701. SHORT TITLE OF CHAPTER. 20020H2322B4167 - 3 -
1 4702. DECLARATION. 2 4703. DEFINITIONS. 3 4704. ESTABLISHMENT OF ACCESS TO JUSTICE ACCOUNT. 4 4705. PURPOSE OF ACCOUNT. 5 4706. DISTRIBUTION OF FUNDS. 6 § 4701. SHORT TITLE OF CHAPTER. 7 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS ACCESS TO 8 JUSTICE ACT. 9 § 4702. DECLARATION. 10 The General Assembly finds and declares as follows: 11 (1) It is of paramount importance to the citizens of 12 this Commonwealth that all individuals who seek lawful 13 redress of their grievances have equal access to our system 14 of justice. 15 (2) The availability of civil legal services is 16 essential to providing meaningful access to justice for 17 indigent persons who cannot afford legal representation. 18 Section 3 § 4703. Definitions. <-- 19 The following words and phrases when used in this act CHAPTER <-- 20 shall have the meanings given to them in this section unless the 21 context clearly indicates otherwise: 22 "ACCOUNT." THE ACCESS TO JUSTICE ACCOUNT ESTABLISHED IN <-- 23 SECTION 4704 (RELATING TO ESTABLISHMENT OF ACCESS TO JUSTICE 24 ACCOUNT). 25 "Eligible legal services provider." A not-for-profit entity 26 incorporated in this Commonwealth, tax exempt under section 27 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99- 28 514, 26 U.S.C. § 501(c)(3)), or any successor provision, which 29 operates within this Commonwealth for the primary purpose of 30 providing civil legal services without charge, and which 20020H2322B4167 - 4 -
1 operates to provide such civil legal services to eligible 2 clients and victims of abuse under contract or subcontract with 3 the Department of Public Welfare for the expenditure of funds 4 appropriated by the General Assembly for the provision of legal 5 services. 6 "Lobbying activities." Any effort to influence Federal, 7 State or local legislative or administrative action, including, 8 but not limited to, activities intended to influence the 9 issuance, amendment or revocation of any executive or 10 administrative order or regulation of a Federal, State or local 11 agency, or to influence the introduction, amendment, passage or 12 defeat of any legislation by the Congress of the United States 13 or by any State or local legislative body. 14 Section 4 § 4704. Establishment of Access to Justice Account. <-- 15 There is established in the State Treasury a nonlapsing 16 restricted receipt account to be known as the Access to Justice 17 Account for the deposit of all fees authorized by this act <-- 18 CHAPTER. <-- 19 Section 5. Purpose of Access to Justice Account. <-- 20 § 4705. PURPOSE OF ACCOUNT. <-- 21 (a) Permitted use.--All moneys in the Access to Justice <-- 22 Account ACCOUNT and any investment income accrued shall be used <-- 23 exclusively to provide civil legal assistance to poor and 24 disadvantaged persons in this Commonwealth. The Supreme Court 25 shall, by rule, determine eligibility for legal assistance under 26 this subsection. 27 (b) Prohibited use.--Recipients of funds under this act <-- 28 CHAPTER are prohibited from using these funds to contribute to <-- 29 or be made available to any political party or association, or 30 the campaign of any candidate for public or party office or 20020H2322B4167 - 5 -
1 similar political activities or to support or oppose candidates 2 for public or party office or to support or oppose any ballot 3 questions or to engage in lobbying activities, except that: 4 (1) A recipient of funds may engage in lobbying 5 activities in response to a request from a governmental 6 agency, legislative body, committee, member or staff thereof 7 made to the recipient, consistent with the Rules of 8 Professional Conduct. 9 (2) An eligible legal services provider may engage in 10 lobbying activities in the provision of legal services to an 11 eligible client on a particular application, claim or case, 12 which directly involves that client's legal rights and 13 responsibilities, however this shall not be construed to 14 permit an eligible legal services provider to solicit a 15 client, in violation of the Rules of Professional Conduct, 16 for the purpose of making such representation possible. 17 Section 6. Fees. <-- 18 (a) Imposition.--The following additional fees shall be 19 imposed: 20 (1) An additional fee of $5 shall be charged and 21 collected by the prothonotaries of the Supreme Court, 22 Superior Court and Commonwealth Court for each first filing 23 in a civil appeal for which a fee, charge or cost is now 24 authorized. 25 (2) An additional fee of $5 shall be charged and 26 collected by the prothonotaries, clerks of orphans' courts, 27 register of wills or by any officials designated to perform 28 similar functions of all courts of common pleas, for each 29 first filing in a civil action or civil legal proceeding for 30 which a fee, charge or cost is now authorized. 20020H2322B4167 - 6 -
1 (3) An additional fee of $4 shall be charged and 2 collected by the minor judiciary, including district 3 justices, Philadelphia Municipal Court and Pittsburgh 4 Magistrates Court, for each first filing in a civil action or 5 civil legal proceeding for which a fee, charge or cost is now 6 authorized. 7 (4) An additional fee of $4 shall be charged and 8 collected by the recorders of deeds and clerks of court or by 9 any officials designated to perform similar functions, for 10 each filing of a deed, mortgage or property transfer for 11 which a fee, charge or cost is now authorized. 12 (b) Nature.--The fees collected in subsection (a) shall be 13 in addition to any court costs and filing fees authorized by 14 other provisions of law and shall be dedicated to the purposes 15 permitted for the Access to Justice Account. 16 (c) Transfer.--Moneys collected shall be paid to the court 17 imposing the fee, which shall transfer them to the State 18 Treasurer for deposit into the Access to Justice Account. 19 Section 7. Distribution of funds. 20 § 4706. DISTRIBUTION OF FUNDS. <-- 21 All moneys deposited in the Access to Justice Account ACCOUNT <-- 22 and any investment income accrued are hereby annually 23 appropriated to the Administrative Office of the Pennsylvania 24 Courts and shall be distributed annually, upon requisition of 25 the Court Administrator of Pennsylvania, to the Pennsylvania 26 Interest on Lawyers Trust Account Board to contract exclusively 27 with eligible legal services providers for the purpose set forth 28 in section 5(a) 4705(A) (RELATING TO PURPOSE OF ACCOUNT). Funds <-- 29 received by the Pennsylvania Interest on Lawyers Trust Account 30 Board pursuant to this act CHAPTER shall be maintained in a <-- 20020H2322B4167 - 7 -
1 separate account and shall be accounted for separately from any 2 other funds received by the board. 3 Section 8. Effective date. <-- 4 This act shall take effect in 60 days. 5 SECTION 3. THIS ACT SHALL TAKE EFFECT AUGUST 1, 2002. <-- 6 CHAPTER 49 <-- 7 ACCESS TO JUSTICE 8 SEC. 9 4901. SHORT TITLE OF CHAPTER. 10 4902. DECLARATION. 11 4903. DEFINITIONS. 12 4904. ESTABLISHMENT OF ACCESS TO JUSTICE ACCOUNT. 13 4905. PURPOSE OF ACCOUNT. 14 4906. DISTRIBUTION OF FUNDS. 15 4907. EXPIRATION OF CHAPTER. 16 § 4901. SHORT TITLE OF CHAPTER. 17 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE ACCESS TO 18 JUSTICE ACT. 19 § 4902. DECLARATION. 20 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS: 21 (1) IT IS OF PARAMOUNT IMPORTANCE TO THE CITIZENS OF 22 THIS COMMONWEALTH THAT ALL INDIVIDUALS WHO SEEK LAWFUL 23 REDRESS OF THEIR GRIEVANCES HAVE EQUAL ACCESS TO OUR SYSTEM 24 OF JUSTICE. 25 (2) THE AVAILABILITY OF CIVIL LEGAL SERVICES IS 26 ESSENTIAL TO PROVIDING MEANINGFUL ACCESS TO JUSTICE FOR 27 INDIGENT PERSONS WHO CANNOT AFFORD LEGAL REPRESENTATION. 28 § 4903. DEFINITIONS. 29 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 30 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 20020H2322B4167 - 8 -
1 CONTEXT CLEARLY INDICATES OTHERWISE: 2 "ACCOUNT." THE ACCESS TO JUSTICE ACCOUNT ESTABLISHED IN 3 SECTION 4904 (RELATING TO ESTABLISHMENT OF ACCESS TO JUSTICE 4 ACCOUNT). 5 "ELIGIBLE LEGAL SERVICES PROVIDER." A NOT-FOR-PROFIT ENTITY 6 INCORPORATED IN THIS COMMONWEALTH, TAX EXEMPT UNDER SECTION 7 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99- 8 514, 26 U.S.C. § 501(C)(3)), OR ANY SUCCESSOR PROVISION, WHICH 9 OPERATES WITHIN THIS COMMONWEALTH FOR THE PRIMARY PURPOSE OF 10 PROVIDING CIVIL LEGAL SERVICES WITHOUT CHARGE, AND WHICH 11 OPERATES TO PROVIDE SUCH CIVIL LEGAL SERVICES TO ELIGIBLE 12 CLIENTS AND VICTIMS OF ABUSE UNDER CONTRACT OR SUBCONTRACT WITH 13 THE DEPARTMENT OF PUBLIC WELFARE FOR THE EXPENDITURE OF FUNDS 14 APPROPRIATED BY THE GENERAL ASSEMBLY FOR THE PROVISION OF LEGAL 15 SERVICES. 16 "LOBBYING ACTIVITIES." ANY EFFORT TO INFLUENCE FEDERAL, 17 STATE OR LOCAL LEGISLATIVE OR ADMINISTRATIVE ACTION, INCLUDING, 18 BUT NOT LIMITED TO, ACTIVITIES INTENDED TO INFLUENCE THE 19 ISSUANCE, AMENDMENT OR REVOCATION OF ANY EXECUTIVE OR 20 ADMINISTRATIVE ORDER OR REGULATION OF A FEDERAL, STATE OR LOCAL 21 AGENCY, OR TO INFLUENCE THE INTRODUCTION, AMENDMENT, PASSAGE OR 22 DEFEAT OF ANY LEGISLATION BY THE CONGRESS OF THE UNITED STATES 23 OR BY ANY STATE OR LOCAL LEGISLATIVE BODY. 24 § 4904. ESTABLISHMENT OF ACCESS TO JUSTICE ACCOUNT. 25 THERE IS ESTABLISHED IN THE STATE TREASURY A NONLAPSING 26 RESTRICTED RECEIPT ACCOUNT TO BE KNOWN AS THE ACCESS TO JUSTICE 27 ACCOUNT FOR THE DEPOSIT OF ALL FEES AUTHORIZED BY THIS CHAPTER. 28 § 4905. PURPOSE OF ACCOUNT. 29 (A) PERMITTED USE.--ALL MONEYS IN THE ACCOUNT AND ANY 30 INVESTMENT INCOME ACCRUED SHALL BE USED EXCLUSIVELY TO PROVIDE 20020H2322B4167 - 9 -
1 CIVIL LEGAL ASSISTANCE TO POOR AND DISADVANTAGED PERSONS IN THIS 2 COMMONWEALTH. THE SUPREME COURT SHALL, BY RULE, DETERMINE 3 ELIGIBILITY FOR LEGAL ASSISTANCE UNDER THIS SUBSECTION. 4 (B) PROHIBITED USE.--RECIPIENTS OF FUNDS UNDER THIS CHAPTER 5 ARE PROHIBITED FROM USING THESE FUNDS TO CONTRIBUTE TO OR BE 6 MADE AVAILABLE TO ANY POLITICAL PARTY OR ASSOCIATION, OR THE 7 CAMPAIGN OF ANY CANDIDATE FOR PUBLIC OR PARTY OFFICE OR SIMILAR 8 POLITICAL ACTIVITIES OR TO SUPPORT OR OPPOSE CANDIDATES FOR 9 PUBLIC OR PARTY OFFICE OR TO SUPPORT OR OPPOSE ANY BALLOT 10 QUESTIONS OR TO ENGAGE IN LOBBYING ACTIVITIES, EXCEPT THAT: 11 (1) A RECIPIENT OF FUNDS MAY ENGAGE IN LOBBYING 12 ACTIVITIES IN RESPONSE TO A REQUEST FROM A GOVERNMENTAL 13 AGENCY, LEGISLATIVE BODY, COMMITTEE, MEMBER OR STAFF THEREOF 14 MADE TO THE RECIPIENT, CONSISTENT WITH THE RULES OF 15 PROFESSIONAL CONDUCT. 16 (2) AN ELIGIBLE LEGAL SERVICES PROVIDER MAY ENGAGE IN 17 LOBBYING ACTIVITIES IN THE PROVISION OF LEGAL SERVICES TO AN 18 ELIGIBLE CLIENT ON A PARTICULAR APPLICATION, CLAIM OR CASE, 19 WHICH DIRECTLY INVOLVES THAT CLIENT'S LEGAL RIGHTS AND 20 RESPONSIBILITIES, HOWEVER THIS SHALL NOT BE CONSTRUED TO 21 PERMIT AN ELIGIBLE LEGAL SERVICES PROVIDER TO SOLICIT A 22 CLIENT, IN VIOLATION OF THE RULES OF PROFESSIONAL CONDUCT, 23 FOR THE PURPOSE OF MAKING SUCH REPRESENTATION POSSIBLE. 24 § 4906. DISTRIBUTION OF FUNDS. 25 ALL MONEYS DEPOSITED IN THE ACCOUNT AND ANY INVESTMENT INCOME 26 ACCRUED ARE HEREBY ANNUALLY APPROPRIATED TO THE ADMINISTRATIVE 27 OFFICE OF THE PENNSYLVANIA COURTS AND SHALL BE DISTRIBUTED 28 ANNUALLY, UPON REQUISITION OF THE COURT ADMINISTRATOR OF 29 PENNSYLVANIA, TO THE PENNSYLVANIA INTEREST ON LAWYERS TRUST 30 ACCOUNT BOARD TO CONTRACT EXCLUSIVELY WITH ELIGIBLE LEGAL 20020H2322B4167 - 10 -
1 SERVICES PROVIDERS FOR THE PURPOSE SET FORTH IN SECTION 4905(A) 2 (RELATING TO PURPOSE OF ACCOUNT). FUNDS RECEIVED BY THE 3 PENNSYLVANIA INTEREST ON LAWYERS TRUST ACCOUNT BOARD PURSUANT TO 4 THIS CHAPTER SHALL BE MAINTAINED IN A SEPARATE ACCOUNT AND SHALL 5 BE ACCOUNTED FOR SEPARATELY FROM ANY OTHER FUNDS RECEIVED BY THE 6 BOARD. 7 § 4907. EXPIRATION OF CHAPTER. 8 THIS CHAPTER SHALL EXPIRE IN THREE YEARS. 9 SECTION 3. THIS ACT SHALL TAKE EFFECT AUGUST 1, 2002. A8L42MSP/20020H2322B4167 - 11 -