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2018 Georgia Code 42-12-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 42-12-2 Case Law from Google Scholar Amendments to OCGA 42-12-2

TITLE 42 PENAL INSTITUTIONS

Section 12. Prison Litigation Reform, 42-12-1 through 42-12-9.

ARTICLE 5 FEES

42-12-2. Legislative findings and determinations.

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.

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

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).

Cited in Ray v. Barber, 273 Ga. 856, 548 S.E.2d 283 (2001).

RESEARCH REFERENCES

ALR.

- Validity, construction, and application of State Prison Litigation Reform Acts, 85 A.L.R.6th 229.

Cases Citing O.C.G.A. § 42-12-2

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Jones v. Townsend, 480 S.E.2d 24 (Ga. 1997).

Cited 190 times | Published | Supreme Court of Georgia | Feb 3, 1997 | 267 Ga. 489, 97 Fulton County D. Rep. 354

...If the judge does not so find, then the judge shall enter an order allowing filing and shall return the pleading to the clerk for filing as in other cases. An order denying filing shall be appealable in the same manner as an order dismissing an action." OCGA § 9-15-2(d). [2] OCGA 42-12-2 Legislative findings and determinations....
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Ray v. Barber, 548 S.E.2d 283 (Ga. 2001).

Cited 26 times | Published | Supreme Court of Georgia | Jun 4, 2001 | 273 Ga. 856

...Lowes of Savannah, Inc., 235 Ga. 201, 203, 219 S.E.2d 115 (1975) ("it is not presumed that the legislature intended that any part would be without meaning"). [4] See Tri-State Building & Supply, Inc. v. Reid, 251 Ga. 38, 39, 302 S.E.2d 566 (1983). [5] OCGA § 42-12-2; Scruggs v....
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Brown v. Crawford, 715 S.E.2d 132 (Ga. 2011).

Cited 11 times | Published | Supreme Court of Georgia | Sep 12, 2011 | 289 Ga. 722

...ddressing the dramatic rise in the costs of litigation, the overwhelming burden on Georgia courts, and other problems caused by the ever-increasing filing of nonmeritorious lawsuits "by prisoners who view litigation as a recreational exercise." OCGA § 42-12-2; Ga....
...Because an "action" is, by definition, "filed by a prisoner," reading "filed by a prisoner" in the appeals provision to only modify "actions" renders the phrase superfluous. The better reading—particularly in view of the PLRA's stated purpose of minimizing frivolous prisoner filings, OCGA § 42-12-2—is to interpret "filed by a prisoner" in the appeals provision as describing the entire preceding phrase, "Appeals of any actions." Thus, contrary to Barber, the appeals provision only requires a discretionary application for an "[a]ppeal...