42 Pa.C.S. Ch. 49

in effect

42 Pa.C.S. § 4901 Short title of chapter.

This chapter shall be known and may be cited as the Access to Justice Act.

42 Pa.C.S. § 4902 Declaration.

The General Assembly finds and declares as follows: (1) It is of paramount importance to the citizens of this Commonwealth that all individuals who seek lawful redress of their grievances have equal access to our system of justice. (2) The availability of civil legal services is essential to providing meaningful access to justice for indigent persons who cannot afford legal representation.

42 Pa.C.S. § 4903 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Account." The Access to Justice Account established in section 4904 (relating to establishment of Access to Justice Account). "Eligible legal services provider." A not-for-profit entity incorporated in this Commonwealth, tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) or any successor provision, which operates within this Commonwealth for the primary purpose of providing civil legal services without charge and which operates to provide such civil legal services to eligible clients and victims of abuse under contract or subcontract with the Department of Public Welfare for the expenditure of funds appropriated by the General Assembly for the provision of legal services. "Lobbying activities." Any effort to influence Federal, State or local legislative or administrative action, including, but not limited to, activities intended to influence the issuance, amendment or revocation of any executive or administrative order or regulation of a Federal, State or local agency, or to influence the introduction, amendment, passage or defeat of any legislation by the Congress of the United States or by any State or local legislative body. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

42 Pa.C.S. § 4904 Establishment of Access to Justice Account.

There is established in the State Treasury a nonlapsing restricted receipt account to be known as the Access to Justice Account for the deposit of all fees authorized by this chapter. Cross References. Section 4904 is referred to in sections 3733, 4903 of this title.

42 Pa.C.S. § 4905 Purpose of account.

(a) Permitted use.--All moneys in the account and any investment income accrued shall be used exclusively to provide civil legal assistance to poor and disadvantaged persons in this Commonwealth. The Supreme Court shall, by rule, determine eligibility for legal assistance under this subsection. (b) Prohibited use.--Recipients of funds under this chapter are prohibited from using these funds to contribute to or be made available to any political party or association or the campaign of any candidate for public or party office or similar political activities or to support or oppose candidates for public or party office or to support or oppose any ballot questions or to engage in lobbying activities except that: (1) A recipient of funds may engage in lobbying activities in response to a request from a governmental agency, legislative body, committee, member or staff thereof made to the recipient, consistent with the Rules of Professional Conduct. (2) An eligible legal services provider may engage in lobbying activities in the provision of legal services to an eligible client on a particular application, claim or case which directly involves that client's legal rights and responsibilities; however, this shall not be construed to permit an eligible legal services provider to solicit a client in violation of the Rules of Professional Conduct for the purpose of making such representation possible. Cross References. Section 4905 is referred to in section 4906 of this title.

42 Pa.C.S. § 4906 Distribution of funds.

All moneys deposited in the account and any investment income accrued are hereby annually appropriated to the Administrative Office of the Pennsylvania Courts and shall be distributed annually, upon requisition of the Court Administrator of Pennsylvania, to the Pennsylvania Interest on Lawyers Trust Account Board to contract exclusively with eligible legal services providers for the purpose set forth in section 4905(a) (relating to purpose of account). Funds received by the Pennsylvania Interest on Lawyers Trust Account Board pursuant to this chapter shall be maintained in a separate account and shall be accounted for separately from any other funds received by the board.

42 Pa.C.S. § 4907 Expiration of chapter (Repealed).

2017 Repeal. Section 4907 was repealed October 30, 2017, P.L.725, No.44, effective immediately.

42 Pa.C.S. § 4908 Performance audit of account.

(a) Duty of Legislative Budget and Finance Committee.--The Legislative Budget and Finance Committee shall, no later than June 15, 2026, conduct and submit to the General Assembly a performance audit of the account with the purpose of examining the provisioning of civil legal aid services in this Commonwealth. The audit shall, at minimum, contain information relating to: (1) The current scope of civil legal aid services provided in this Commonwealth from money collected under this chapter and other funding sources. (2) The organizations which receive money collected under this chapter and the services the organizations provide. (3) The assessment and collection of any fee or surcharge required to be deposited into the account, including: (i) identifying the number of cases in which the fee or surcharge was required by law to be assessed but was not assessed; and (ii) the rate of collection for fees and surcharges that have been assessed. (4) The potential increase in deposits into the account that would result from the repeal of section 3733.1(b) (relating to surcharge). (5) An identification of alternative funding sources for civil legal aid services. (b) Consultation.--The Legislative Budget and Finance Committee shall complete the performance audit under subsection (a) in consultation with the Court Administrator of the Supreme Court, the Pennsylvania Interest on Lawyers' Trust Accounts Board and any eligible legal services provider receiving money under this chapter. (Feb. 4, 2026, P.L.1, No.1, eff. imd.) 2026 Amendment. Act 1 added section 4908.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=42Fetched: 10/16/2026