OLR Bill Analysis
AN ACT CONCERNING THE COURT'S AUTHORITY TO DENY AN APPLICATION FOR THE WAIVER OF COURT FEES.
This bill allows the court to deny an indigent person's application for waiver of court and service of process fees if:
1. the applicant has an extended pattern of filings on the same or similar matters that have been without merit and deemed frivolous and an abuse of the judicial process;
2. the current application is consistent with the pattern of frivolous filings;
3. the associated case does not, on its face, state a claim for which relief could be granted and would likely be dismissed by the court as frivolous; and
4. granting the waiver would be an egregious misuse of the Judicial Branch resources.
The law, unchanged by the bill, requires the court to grant a hearing on a denied fee waiver application if the applicant requests one.
EFFECTIVE DATE: October 1, 2013
Waiver of Fees for Indigent Party
By law, the court must waive fees in a civil or criminal matter if it finds that the party applying for a waiver is unable to pay the fees, in which case the state must pay the cost. The court must waive the costs if the person:
1. receives public assistance,
2. has net income that is 125% or less of the federal poverty level, or
3. is otherwise determined by the court to be indigent.
Public assistance includes state-administered general assistance, temporary family assistance, aid to the aged, blind and disabled, supplemental nutrition assistance, and Supplemental Security Income.
Joint Favorable Substitute