HLS 19RS-3663 ORIGINAL
2019 Regular Session
HOUSE RESOLUTION NO. 283
BY REPRESENTATIVE JAMES
COURTS: Requests the Louisiana State Law Institute to study the law on "in forma
pauperis" as applied by the courts to clarify and limit misinterpretation
1 A RESOLUTION
2To urge and request the Louisiana State Law Institute to conduct a review and study of
3 Louisiana's in forma pauperis and related laws as applied by Louisiana courts in civil
4 judicial proceedings for possible revision to clarify and limit misinterpretation of
5 existing law to ensure consistent application in all Louisiana courts and report its
6 findings to the House of Representatives by January 1, 2020.
7 WHEREAS, one of the foundations of our legal system is to ensure all citizens have
8equal access to the courts to address their grievances, regardless of their station in life,
9language, or their ability to pay; and
10 WHEREAS, Louisiana has ensured access to justice for all, a concept found in
11Article I, Section 22 of the Constitution of Louisiana, entitled "Access to Courts"; and
12 WHEREAS, Louisiana allows indigent individuals to petition the court for redress
13of grievances; and
14 WHEREAS, except as otherwise provided by law, Code of Civil Procedure Articles
155181 through 5188 set forth procedures for indigents in civil judicial proceedings to file in
16forma pauperis, allowing them to proceed with their action without advance payment of
17costs; and
18 WHEREAS, the Louisiana Supreme Court found in Benjamin v. National
19Supermarkets, Inc., 351 So.2d 138 (La. 1977) that in forma pauperis statutes were written
20with the intent of giving indigent persons access to courts, and these statutes were to be
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HR NO. 283
1interpreted liberally in favor of individuals who need access to courts but cannot afford to
2pay costs in advance; and
3 WHEREAS, a survey of public interest attorneys found that throughout Louisiana
4courts there are variations in interpretation of the in forma pauperis statutes which decreases
5an indigent's access to the legal system and jeopardizes the underlying principle of access
6to justice; and
7 WHEREAS, as a result of inconsistent interpretation and misapplication of the in
8forma pauperis statutes, individuals receive different outcomes based on a court system's
9interpretation of the statutes; and
10 WHEREAS, Louisiana has instituted the Louisiana State Law Institute to consider
11needed improvements in the law, to study civil law to discover defects and inequities, and
12to recommend needed reforms; and
13 WHEREAS, the Louisiana State Bar Association, through its Access to Justice
14Committee, with representatives from the Louisiana judiciary, private practice, and civil
15legal aid providers, supports the referral of this issue to the Louisiana State Law Institute to
16study in forma pauperis laws and courts' pervasive misapplication thereof, and to determine
17whether a revision or updated guidance of substantive or procedural law is needed to
18enhance consistent application in all Louisiana courts.
19 THEREFORE BE IT RESOLVED that the House of Representatives of the
20Louisiana Legislature does hereby urge and request the Louisiana State Law Institute to
21review and study Louisiana's in forma pauperis and related laws as applied by Louisiana
22courts to clarify and limit misinterpretation of existing law and to ensure consistent
23application in all Louisiana courts and report its findings to the House of Representatives by
24January 1, 2020.
25 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
26president of the Louisiana State Law Institute.
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HR NO. 283
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HR 283 Original 2019 Regular Session James
Requests the La. State Law Institute to review and study Louisiana's in forma pauperis and
related laws as applied by La. courts to clarify and limit misinterpretation of existing law and
to ensure consistent application in all La. courts and report its findings to the House of
Representatives by Jan. 1, 2020.
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