Page:United States Statutes at Large Volume 91.djvu/1654

 91 STAT. 1620

PUBLIC LAW 95-222—DEC. 28, 1977

POWERS, DUTIES, AND LIMITATIONS OF THE CORPORATION AND RECIPIENTS

Review

IvT.

Appointment without compensation.

SEC. 6. (a) Section 1006(b)(1) of the Legal Services Corporation Act (42 U.S.C. 2996e(b)(1)) is amended by inserting " (A) " after "SEC. 1006. (b)(1)" and by adding at the end thereof the following new subparagraph: "(B) No question of whether representation is authorized under this title, or the rules, regulations or guidelines promulgated puryt suant to this title, shall be considered in, or affect the final disposition of, any proceeding in which a person is represented by a, recipient or an employee of a recipient. A litigant in such a proceeding may refer any such question to the Corporation which shall review and dispose of the question promptly, and take appropriate action. This subparagraph shall not preclude judicial review available under applicable law.". (b) Section 1006(c)(1) of the Legal Services Corporation Act (42 U.S.C. 2996e(c)(1)) is amended to read as follows: - wi " (1) participate in litigation unless the Corporation or a recipient of the Corporation is a party, or a recipient is representing an eligible client in litigation in which the interpretation of this title or a regulation promulgated under this title is an issue, and shall not participate on behalf of any client other than itself; or". (c) Section 1006(d) of the Legal Services Corporation Act (42 U.S.C. 2996e(d)) is amended by adding at the end thereof the following new paragraph: "(6) Attorneys employed by a recipient shall be appointed to provide legal assistance without reasonable compensation only when such appointment is made pursuant to a statute, rule, or practice applied generally to attorneys practicing in the court where the appointment is made.. ACTIVITIES OF STAFF ATTORNEYS

SEC. 7. (a) Paragraph (2) of section 1006(e) of the Legal Services Corporation Act (42 U.S.C. 2996e(e)(2)) is amended b;y^ inserting "and staff attorneys" after "Corporation", and by inserting before the period at the end thereof a comma and the following: "except that no staff attorney may be a candidate in a partisan political election". (b) Section 1007(a)(6) of the Legal Services Corporation Act (42 U.S.C. 2996f (a)(6)) is amended by striking out the matter following clause (C). ,

REIMBURSEMENT FOR SUCCESSFUL DEFENDANTS

SEC. 8. The fifst sentence of section 1006(f) of the Legal Services Corporation Act (42 U.S.C. 2996e(f)) is amended by striking out "may" and inserting in lieu thereof "shall". . >.C* i "

ASSISTANCE CRITERIA

SEC. 9. (a) Paragraph (2)(B) (iv) of section 1007(a) of the Legal Services Corporation Act (42 U.S.C. 2996f (a)(2)(B) (iv)) is amended to read as follows: "(iv) such other factors as relate to financial inability to afford legal assistance, which may include evidence of a prior determination that such individual's lack of income results from refusal or unwillingness, without good cause, to seek or accept an employment situation; and".

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