Title 42, Chapter 12, Section 2
( 42-12-2)
The General Assembly makes the following findings and
determinations: (1) The costs of litigation are rising dramatically. It is the
responsibility of this body to seek out and adopt measures to
rectify this situation. One source of the rise in litigation
costs is frivolous prisoner lawsuits. Meritless lawsuits are being
filed at an ever-increasing rate by prisoners who view litigation
as a recreational exercise. To address the problems caused by the
filing of nonmeritorious lawsuits and to relieve some of the
burden placed on Georgia cities, counties, state agencies, the
courts, and the Department of Corrections, this chapter is
enacted. (2) Before filing any sort of civil action, all citizens must
evaluate the strengths of their claim in light of their own
personal financial situation. Private individuals are forced to
balance the strength of their case against the reality of court
costs, filing fees, and the potential consequences of filing a
frivolous or meritless lawsuit. Georgia's prisoners currently
face no such dilemma. In light of the fact that all prisoners'
needs are provided at city, county, or state expense, a prisoner
cannot claim that his or her financial status or security would be
compromised by a requirement to pay court costs and fees. To
address this inequity, the General Assembly enacts this chapter. (3) In forma pauperis status will continue to allow the filing of
an action by a prisoner, thus providing the prisoner with the
constitutional right to access to courts. Freezing of the
prisoner's inmate account will hold the prisoner responsible for
court costs and fees by seizing any future deposits into the
account. |