O.C.G.A.

O.C.G.A. § 42-12-2 (2019)

Legislative findings and determinations

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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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 everincreasing 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.

History

Code 1981, § 42-12-2, enacted by Ga. L. 1996, p. 400, § 1.

Annotations

Code Commission notes. Pursuant to Code Section 28-9-5, in

1996, “is frivolous” was substituted for “are frivolous” in the second sentence of paragraph (1) and “county, or state” was substituted for “county or state” in the fourth sentence of paragraph (2).

JUDICIAL DECISIONS Previously dismissed federal lawsuits not counted under three strikes provision. - Trial court erred in ruling that an inmate’s previously dismissed federal lawsuits counted as strikes under the three strikes provision of the Georgia Prison Litigation Reform Act, O.C.G.A. § 42-12-7.2, because lawsuits in federal

district court did not qualify as strikes under the statute since the statute unambiguously included only courts created by the constitution and laws of Georgia. Wright v. Brown, 336 Ga. App. 1, 783 S.E.2d 405, 2016 Ga. App. LEXIS 112 (2016).

RESEARCH REFERENCES ALR. Validity, construction, and application

of State Prison Litigation Reform Acts, 85 A.L.R.6th 229.

Notes of Decisions

Cited in 5 cases, 1997–2016 · leading case: Brown v. Crawford, 715 S.E.2d 132 (Ga. 2011).

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Brown v. Crawford, 715 S.E.2d 132 (Ga. 2011). · cites it 8× “" OCGA § 42-12-2; Ga. L.1996, pp. 400, 401, § 1.”

Wright v. Brown Et Al., 783 S.E.2d 405 (Ga. Ct. App. 2016). · cites it 7× “”20 And for context, we may look to “other provisions of the same statute, the structure and history of the whole statute, and the other law—constitutional, statutory, and common law alike—that forms the legal background of the statutory provision in question.”

Jones v. Townsend, 480 S.E.2d 24 (Ga. 1997). · cites it 2× “2 OCGA § 42-12-2 Legislative findings and determinations.”

Ray v. Barber, 548 S.E.2d 283 (Ga. 2001). · cites it 2× “5 OCGA § 42-12-2; Scruggs v. Georgia Dept. of Human Resources, 261 Ga.”

In the Interest of K. W., 503 S.E.2d 394 (Ga. Ct. App. 1998). · cites it 2× “" The overall purpose of the Act as stated in § 42-12-2 is to address the rising costs of litigation caused by the filing of meritless and frivolous lawsuits "by prisoners who view litigation as a recreational exercise.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.