Cruz

“Access to justice is a fundamental and essential right in a democratic society. It is the responsibility of government to ensure that all people enjoy this right. ”

To protect indigents’ right of access to our courts, the California Legislature has mandated that litigants whose incomes are insufficient to pay court fees and costs without sacrificing their ability to provide “the common necessaries of life” for themselves or their families must be granted permission to proceed in forma pauperis. (Gov. Code, § 68511.3, subd. (a)(6)(C).) If an individual completes and files the appropriate Judicial Council-approved form requesting a fee waiver but there is a “substantial evidentiary conflict” as to the applicant’s right to proceed in forma pauperis, the trial court may not deny the application without first conducting a noticed hearing to determine his or her eligibility for the fee waiver. (Cal. Rules of Court, rule 985(f).)

The petitioners before us are 19 low-income individuals whose applications to proceed in forma pauperis under subdivision (a)(6)(C) were denied without a hearing and without consideration of the criteria specified in that subdivision. In response to…