Louisiana Senate Bill SR254

Louisiana 2019 Regular Session

• Introduced: 6/4/19
• Passed: 6/5/19

Caption

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.

Impact

The resolution points out that there are significant variations in how courts interpret and apply the in forma pauperis statutes. Such inconsistencies can lead to inequitable outcomes for indigent individuals, potentially jeopardizing their access to justice. By requesting a formal review, the resolution aims to address these discrepancies and enhance the legal framework governing access to court for those unable to bear litigation costs, thereby reinforcing the integrity of the judicial system.

Summary

Senate Resolution 254 urges the Louisiana State Law Institute to conduct a comprehensive review of the in forma pauperis statutes, which allow indigent individuals to litigate without prepayment of court costs. The resolution highlights the necessity to clarify existing laws and ensure consistent application across Louisiana's judicial system. It recognizes the fundamental principle that every citizen should have equal access to the courts, regardless of financial status, which is crucial for the protection of rights in civil matters.

Sentiment

The sentiment surrounding SR254 appears to be largely supportive, especially from legal advocacy groups and public interest attorneys who have emphasized the need for reform in the application of these statutes. There is a collective concern regarding the misapplication of laws that underpin the right to access the legal system, motivating stakeholders to back the initiative. This support indicates a recognition of the urgency to ensure that indigents can assert their rights without unnecessary barriers.

Contention

While the resolution generally garners positive sentiments, potential points of contention may arise regarding the specifics of the review process and the subsequent recommendations for legislative changes. Stakeholders may have differing opinions on how best to revise the in forma pauperis process and what criteria should be established to ensure fair access. There may also be debates about the impact of such changes on court resources and workload.