2019 Regular Session ENROLLED
SENATE RESOLUTION NO. 254
BY SENATOR WALSWORTH
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 statutes as applied by Louisiana courts in
civil judicial proceedings for possible revision to clarify and limit misinterpretation
of existing law and to ensure consistent application in all Louisiana courts.
WHEREAS, a foundation of the Louisiana 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, as Article I, Section 22
of the Constitution of Louisiana provides that:
"All courts shall be open, and every person shall have an adequate remedy
by due process of law and justice, administered without denial, partiality, or
unreasonable delay, for injury to him in his person, property, reputation, or
other rights."; and
WHEREAS, Louisiana allows indigent individuals to petition the court for redress
of grievances; and
WHEREAS, except as specifically provided by law elsewhere, Louisiana statutes set
forth procedures for indigents in civil judicial proceedings to file in forma pauperis codified
in the Code of Civil Procedure Article 5181 though Article 5188, which allows indigents to
proceed with their action without advance payment of costs; and
WHEREAS, in the opinion rendered in the case of Benjamin v. National
Supermarkets, Inc., 351 So. 2d 138 (La. 1977), the Louisiana Supreme Court affirmed the
correctness of the following from the opinion of the Court of Appeal, Third Circuit in Roy
v. Gulf States Utilities Co., 307 So. 2d 758, 760 (La. App. 3d Cir. 1975):
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"The legislative intent, we believe, was for that privilege (to litigate in forma
pauperis) to be restricted to those who are clearly entitled to it so that the
statute will not be abused, but that a liberal construction should be applied in
close or questionable cases to make sure that a litigant who is entitled to such
a privilege is not deprived of it."; and
WHEREAS, a survey of public interest attorneys regarding Louisiana court practices
found variations in interpretation of the in forma pauperis statutes which decreases an
indigent's access to the legal system and puts at jeopardy this 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 and study civil law to discover defects and inequities and
recommend needed reforms; and
WHEREAS, the Louisiana State Bar Association, through its Access to Justice
Committee, with representatives from the Louisiana Judiciary, private bar attorneys, and
Louisiana civil legal aid providers, have expressed support of the referral of this issue to the
Louisiana State Law Institute to study in forma pauperis laws and courts' pervasive
misapplications and 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 Senate of the Legislature of Louisiana
does hereby urge and request the Louisiana 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.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
a report detailing the results of its study and its recommendation for proposed legislation to
the legislature no later than January 1, 2020.
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BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
PRESIDENT OF THE SENATE
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