Pro se (lawyerless) litigants in Connecticut with low income have been allowed to sue without paying the ordinary $350 filing fee, and some have made the most of the situation by filing scads of suits. In May, following publicity about the high cost and hassle imposed on targets, the state adopted a law which “allows judges to review the details of a lawsuit before granting a plaintiff… a waiver from filing fees.” A former courthouse employee who testified in favor of the bill was himself named in a subsequent lawsuit by a litigants whose activities he had mentioned, along with various other defendants including the New London Day and one of its reporters. [WFSB via @SickofLawsuits]
According to research by Yale law professor Donald Elliott, early American civil practice empowered judges to review the details of a lawsuit for adequacy at its outset, and before a target was faced with major costs of response. That practice — dropped later during the purported modernization of our legal system — would come in handy in screening out ill-founded or tactical suits, and not just regarding in forma pauperis (indigent-filed) cases.