Opinion
24-K-360
08-20-2024
STATE OF LOUISIANA v. MICHAEL ROBINS IN RE MICHAEL ROBINS
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NANCY A. MILLER, DIVISION "I", NUMBER 24-3478
Panel composed of Judges Marc E. Johnson, Scott U.Schlegel, and Timothy S. Marcel
WRIT GRANTED FOR LIMITED PURPOSE
Relator, Michael Robins, seeks review of the trial court's July 11, 2024 denial of his application for in forma pauperis. At the trial court level, Relator submitted an in forma pauperis affidavit, stating he was 55 years old with no children or other dependents. Relator indicated that his current occupation was a fabricator but stated that he had been unemployed since 2008 with a total monthly net income of $0. According to his affidavit, Relator currently receives a monthly disability payment in the amount of $1,049.70. Relator further stated that he did not regularly receive help paying his expenses nor did he have any additional income or assets. Relator included a Legal Service Programs' Declaration certifying that relator had produced evidence that his income is less than or equal to 125% of the federal poverty level. Finally, Relator submitted a third-party affidavit signed by an individual who stated that she knew Relator "well" and that he was unable to pay the costs of court in advance or as they accrued or to post bond because of his poverty and lack of means. The trial court then denied the motion to proceed in forma pauperis, without a hearing and without reasons, by writing "denied" on the motion.
La. C.C.P. art. 5183 provides in pertinent part:
B. (1) Upon the filing of the completed application and supporting affidavits, the court shall render an order that does one of the following:
(a) Grants the application and allows the applicant to litigate or to continue the litigation without paying the costs in advance.
(b) Denies the application with written reasons for such denial. (c) Sets the matter for a contradictory hearing.
The comment to the 2021 amendment of La. C.C.P. art. 5183 explains:
The comment to the 2021 amendment states:
Paragraph B of this Article has been amended to require the court to do one of three things after a person has filed a completed application to proceed in forma pauperis with the requisite supporting affidavits: (1) grant the application and allow the applicant to proceed in forma pauperis, (2) deny the application and provide written reasons for such denial, or (3) set the matter for a contradictory hearing.
The requirement under this provision that written reasons be provided by the court upon the denial of an application is intended to provide the applicant with additional information necessary to, for example, correct a deficiency in the application. The form and contents of these written reasons are left to the discretion of the court.
After review, we find that the trial court was required to provide written reasons for its denial of relator's in forma pauperis application. Accordingly, we grant Relator's writ application for the limited purpose of remanding the matter to the trial court for compliance with La. C.C.P. art. 5183(B).
MEJ
SUS
TSM