X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Miller, Presiding Judge.James Earl Roberts, proceeding pro se, appeals the trial court’s order denying him pauper’s status.[1] Roberts contends that the trial court erred by failing to hold a hearing on his affidavit of indigence. We agree, and thus, we reverse the trial court’s order and remand the case for further proceedings.   While a merits review of the trial court’s indigence determination is generally unauthorized, this Court may review the trial court’s procedure in making its decision. Roberson v. State, 300 Ga. 632, 635 (III) (797 SE2d 104) (2017); see also Collier v. Colfin AI GA I, LLC, 332 Ga. App. 486, 487 (773 SE2d 440) (2015) (“Although a trial court’s determination on the validity of a pauper’s affidavit is not normally subject to review, the procedure used by the trial court in making an indigence ruling is appealable.”).Roberts entered a guilty plea to numerous child molestation and aggravated child molestation charges in 2008. Years later, Roberts filed a motion for an out-of-time appeal, accompanied by a sworn pauper’s affidavit. When the trial court did not rule on the motion for out-of-time appeal, Roberts filed a notice of intent to file mandamus, in which he requested that the trial court render a decision on his motion. This notice was accompanied by a sworn affidavit of indigence. The trial court construed this affidavit as a formal motion to proceed in forma pauperis, and denied it on the basis that it was not supported by any evidence.1. Roberts claims that the trial court erred by construing his notice of intent to file a mandamus action as an actual mandamus action. However, the trial court’s order is limited to Roberts’ affidavit of indigence, and does not address Roberts’ notice of intent to file a mandamus action. Thus, this enumeration provides nothing for us to review.2. Roberts also contends that the trial court erred by not holding a hearing on his affidavit before denying his motion to proceed in forma pauperis. We agree.   When any party, plaintiff or defendant, in any action or proceeding held in any court in this state is unable to pay any deposit, fee, or other cost which is normally required in the court, if the party shall subscribe an affidavit to the effect that because of his indigence he is unable to pay the costs, the party shall be relieved from paying the costs and his rights shall be the same as if he had paid the costs.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
April 18, 2024
New York, NY

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...


Apply Now ›

At NJM, a top-rated insurance company, we are seeking an Attorney on our Workers Compensation legal team with between 3 and 5 years of expe...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›