SLS 19RS-3325 ORIGINAL
2019 Regular Session
SENATE RESOLUTION NO. 254
BY SENATOR WALSWORTH
LEGISLATIVE AGENCIES. Requests the Louisiana State Law Institute to conduct a
review and study of Louisiana's in forma pauperis and related statutes as applied by
Louisiana courts in civil judicial proceedings.
1 A RESOLUTION
2 To urge and request the Louisiana State Law Institute to conduct a review and study of
3 Louisiana's in forma pauperis and related statutes as applied by Louisiana courts in
4 civil judicial proceedings for possible revision to clarify and limit misinterpretation
5 of existing law and to ensure consistent application in all Louisiana courts.
6 WHEREAS, a foundation of the Louisiana legal system is to ensure all citizens have
7 equal access to the courts to address their grievances, regardless of their station in life,
8 language, or their ability to pay; and
9 WHEREAS, Louisiana has ensured access to justice for all, as Article I, Section 22
10 of the Constitution of Louisiana provides that:
11 "All courts shall be open, and every person shall have an adequate remedy
12 by due process of law and justice, administered without denial, partiality, or
13 unreasonable delay, for injury to him in his person, property, reputation, or
14 other rights."; and
15 WHEREAS, Louisiana allows indigent individuals to petition the court for redress
16 of grievances; and
17 WHEREAS, except as specifically provided by law elsewhere, Louisiana statutes set
18 forth procedures for indigents in civil judicial proceedings to file in forma pauperis codified
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1 in the Code of Civil Procedure Article 5181 though Article 5188, which allows indigents to
2 proceed with their action without advance payment of costs; and
3 WHEREAS, in the opinion rendered in the case of Benjamin v. National
4 Supermarkets, Inc., 351 So. 2d 138 (La. 1977), the Louisiana Supreme Court affirmed the
5 correctness of the following from the opinion of the Court of Appeal, Third Circuit in Roy
6 v. Gulf States Utilities Co., 307 So. 2d 758, 760 (La. App. 3d Cir. 1975):
7 "The legislative intent, we believe, was for that privilege (to litigate in forma
8 pauperis) to be restricted to those who are clearly entitled to it so that the
9 statute will not be abused, but that a liberal construction should be applied in
10 close or questionable cases to make sure that a litigant who is entitled to such
11 a privilege is not deprived of it."; and
12 WHEREAS, a survey of public interest attorneys regarding Louisiana court practices
13 found variations in interpretation of the in forma pauperis statutes which decreases an
14 indigent's access to the legal system and puts at jeopardy this underlying principle of access
15 to justice; and
16 WHEREAS, as a result of inconsistent interpretation and misapplication of the in
17 forma pauperis statutes, individuals receive different outcomes based on a court system's
18 interpretation of the statutes; and
19 WHEREAS, Louisiana has instituted the Louisiana State Law Institute to consider
20 needed improvements in the law and study civil law to discover defects and inequities and
21 recommend needed reforms; and
22 WHEREAS, the Louisiana State Bar Association, through its Access to Justice
23 Committee, with representatives from the Louisiana Judiciary, private bar attorneys, and
24 Louisiana civil legal aid providers, have expressed support of the referral of this issue to the
25 Louisiana State Law Institute to study in forma pauperis laws and courts' pervasive
26 misapplications and determine whether a revision or updated guidance of substantive or
27 procedural law is needed to enhance consistent application in all Louisiana courts.
28 THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
29 does hereby urge and request the Louisiana State Law Institute to review and study
30 Louisiana's in forma pauperis and related statutes as applied by Louisiana courts to
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1 determine the need to clarify and limit misinterpretation of existing law and make
2 recommendations for proposed legislation to ensure consistent application in all Louisiana
3 courts.
4 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
5 a report detailing the results of its study and its recommendation for proposed legislation to
6 the legislature no later than January 1, 2020.
7 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
8 president of the Louisiana State Law Institute.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
SR 254 Original 2019 Regular Session Walsworth
Requests the La. State Law Institute to review and study Louisiana's in forma pauperis and
related statutes as applied by Louisiana courts to determine the need to clarify and limit
misinterpretation of existing law and make recommendations for proposed legislation to
ensure consistent application in all Louisiana courts. Requires report be submitted to the
legislature no later than January 1, 2020.
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