A residential tenant's right to counsel in an eviction action and making an appropriation. (FE)

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill generally provides that a residential tenant has the right to counsel at public expense in an eviction action.

The bill provides that, in a residential eviction action, a statutory notice must be attached to the summons informing the tenant that the tenant has the right to have counsel provided at public expense, and, if service is made by publication, the statutory notice also must by published. If a tenant contacts the clerk of court to request the appointment of counsel, files an answer without the assistance of counsel, or appears in court without counsel on the return date of the summons, the bill requires the court or circuit court commissioner to inquire of the tenant whether the tenant waives counsel, and, if the tenant does not waive counsel, the court or commissioner must appoint counsel and stay the proceedings. Under the bill, such a stay generally remains in effect until counsel is appointed for the tenant, and the tenant is entitled to continued possession or occupancy of the premises while the stay remains in effect. If a tenant is entitled to counsel under the bill, the court may appoint counsel for the tenant or refer the tenant to the State Public Defender, which must appoint counsel without a determination of indigency.

Who's behind it

18 lawmakers are its authors⁠. All 18 are Democrats.

3 more lawmakers signed on in support⁠.