ENROLLED
2019 Regular Session
HOUSE RESOLUTION NO. 283
BY REPRESENTATIVES JAMES AND LEGER
A RESOLUTION
To urge and request the Louisiana State Law Institute to conduct a review and study of
Louisiana's in forma pauperis and related laws as applied by Louisiana courts in civil
judicial proceedings for possible revision to clarify and limit misinterpretation of
existing law to ensure consistent application in all Louisiana courts and report its
findings to the House of Representatives by January 1, 2020.
WHEREAS, one of the foundations of our legal system is to ensure all citizens have
equal access to the courts to address their grievances, regardless of their station in life,
language, or their ability to pay; and
WHEREAS, Louisiana has ensured access to justice for all, a concept found in
Article I, Section 22 of the Constitution of Louisiana, entitled "Access to Courts"; and
WHEREAS, Louisiana allows indigent individuals to petition the court for redress
of grievances; and
WHEREAS, except as otherwise provided by law, Code of Civil Procedure Articles
5181 through 5188 set forth procedures for indigents in civil judicial proceedings to file in
forma pauperis, allowing them to proceed with their action without advance payment of
costs; and
WHEREAS, the Louisiana Supreme Court found in Benjamin v. National
Supermarkets, Inc., 351 So.2d 138 (La. 1977) that in forma pauperis statutes were written
with the intent of giving indigent persons access to courts, and these statutes were to be
interpreted liberally in favor of individuals who need access to courts but cannot afford to
pay costs in advance; and
WHEREAS, a survey of public interest attorneys found that throughout Louisiana
courts there are variations in interpretation of the in forma pauperis statutes which decreases
Page 1 of 2 HR NO. 283 ENROLLED
an indigent's access to the legal system and jeopardizes the underlying principle of access
to justice; and
WHEREAS, as a result of inconsistent interpretation and misapplication of the in
forma pauperis statutes, individuals receive different outcomes based on a court system's
interpretation of the statutes; and
WHEREAS, Louisiana has instituted the Louisiana State Law Institute to consider
needed improvements in the law, to study civil law to discover defects and inequities, and
to recommend needed reforms; and
WHEREAS, the Louisiana State Bar Association, through its Access to Justice
Committee, with representatives from the Louisiana judiciary, private practice, and civil
legal aid providers, supports the referral of this issue to the Louisiana State Law Institute to
study in forma pauperis laws and courts' pervasive misapplication thereof, and to determine
whether a revision or updated guidance of substantive or procedural law is needed to
enhance consistent application in all Louisiana courts.
THEREFORE BE IT RESOLVED that the House of Representatives of the
Louisiana Legislature does hereby urge and request the Louisiana State Law Institute to
review and study Louisiana's in forma pauperis and related laws as applied by Louisiana
courts to clarify and limit misinterpretation of existing law and to ensure consistent
application in all Louisiana courts and report its findings to the House of Representatives by
January 1, 2020.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
president of the Louisiana State Law Institute.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
Page 2 of 2