CBA Record March-April 2026

THE YOUNG LAWYERS SECTION

blueprint for Illinois. While not exactly like the Judicare Project, the Illinois Equal Justice Foundation is an important partner in funding civil legal aid programs for people who cannot afford a lawyer. The Lawyers Trust Fund of Illinois also supports critical legal aid initiatives—in 2025 alone, it distributed over $26 mil lion to 55 local organizations. Illinois must use these two organizations to establish a right to counsel in child custody cases. We cannot rely solely on exist ing funding mechanisms to cover counsel fees, which is why we should look to New York’s model, where the state and county governments reimburse a portion of the costs. Although it’s rea sonable for state and local governments to be cautious about their contributions, striking the right balance between public and pri vate support is essential to upholding a right to counsel in child custody disputes.

court resources and slows the path to resolution for everyone. While local efforts have helped, they are not enough. A right to counsel in child custody cases is not a luxury, it is a necessity. As lawyers, we have a professional and moral duty to confront this crisis. We must lead the charge in advocating for publicly funded legal representation, just as we have in other moments when justice demanded action. Every child and every parent deserve a fair chance. The road may be difficult, but justice begins with a voice at the table.

Judge James A. Shapiro is a Circuit Judge in the Domestic Relations Division of the Circuit Court of Cook County, and the current President of the 152-year-old Chicago Literary Club.

Right to Counsel in Custody Cases: A Necessity, Not a Luxury

Self-represented litigation presents serious challenges for families as well as the courts, especially in the Domestic Relations Divi sion, where the emotional stakes are highest. SRLs’ inability to file the correct paperwork or meet procedural and substantive demands not only undermines their own cases but also strains

James Herdegen is a second-year law student at the University of Illinois College of Law; he served as a legal extern for Judge Shapiro in the Domestic Relations Division.

28 March/April 2026