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§ 4027. Uses of funds; restrictions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 62 P.S. Poor Persons and Public Welfare

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 62 P.S. Poor Persons and Public Welfare (Refs & Annos)
Chapter 32. Interest on Lawyers' Trust Accounts Act
62 P.S. § 4027
§ 4027. Uses of funds; restrictions
Currentness
(a) Uses.--The IOLTA fund may be used only for the following purposes:
(1) Delivery of legal assistance to eligible clients.
(2) Delivery of legal assistance to individuals who are elderly, disabled, homeless, seasonal farmworkers, or victims of crime or abuse.
(3) Administration and development of the IOLTA program.
(b) Restrictions.--Funds made available to grantees under this act may not be used to:
(1) Provide legal assistance with respect to any fee-generating case as defined by the board.
(2) Provide legal assistance with respect to the defense of any criminal prosecution.
(3) Provide legal assistance in civil actions to persons who have been convicted of a criminal charge where the civil action arises out of alleged acts or failures to act and the action is brought against an official of the court or against a law enforcement official for the purpose of challenging the validity of the criminal conviction.
(4) 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.
(5) Provide for capital expenditures.
(c) Lobbying.--In addition to the restrictions listed in subsection (b), no IOLTA funds may be used, directly or indirectly, to support 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, except that:
(1) A qualified recipient of IOLTA funds may engage in such activities in response to a request from a governmental agency, legislative body, committee, member or staff thereof made to the qualified recipient, consistent with the Code of Professional Responsibility.
(2) A qualified recipient may engage in such activity 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. This shall not be construed to permit a qualified recipient to solicit a client, in violation of the Code of Professional Responsibility, for the purpose of making such representation possible.
(d) Abortion.--
(1) In addition to the restrictions listed in subsections (b) and (c), no IOLTA funds may be used, directly or indirectly, to do any of the following:
(i) Advocate the freedom to choose abortion or the prohibition of abortion.
(ii) Provide legal assistance with respect to any proceeding or litigation which seeks to procure or prevent, or procure or prevent public funding for, any abortion.
(iii) Provide legal assistance with respect to any proceeding or litigation which seeks to compel or prevent the performance or assistance in the performance of any abortion, or the provision of facilities for the performance of any abortion.
(2) Nothing contained in this subsection shall be construed to prevent the rendering of advice to a client with respect to that client's legal rights. Nothing contained in this subsection shall preclude representation in a proceeding to procure or prevent public funding for abortion where the funding is allowed by law.

Credits

1988, April 29, P.L. 373, No. 59, § 7, effective in 6 months.
62 P.S. § 4027, PA ST 62 P.S. § 4027
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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