PROPOSED LAW TARGETS FRIVOLOUS INMATE SUITS

Jail house lawyers fighting for the rights of oppressed inmates may make good characters in a movie, but reality is that Utah's 3,900 prison inmates file about 500 lawsuits a year against the state, most over trivial matters that clog the courts and cost taxpayers millions of dollars.

Just how frivolous are these lawsuits? One inmate sued the state because his comb was missing two teeth and his toothbrush was frayed. Another sued because he wanted to wear a different brand of sneakers. Another sued to have the prison provide free coffee rather than having to purchase it through the commissary.Those kinds of frivolous lawsuits are the target of new legislation being proposed by Utah Attorney General Jan Graham who, with Rep. Lee Ellertson, R-Orem, wants to curb the problem by hitting inmates where they can least afford it - in their pocketbooks.

"This bill will make offending inmates think long and hard about inundating the legal system with lawsuits which are ultimately dismissed by the court as frivolous, unnecessary or filed in bad faith," Graham said. "Up to now these lawsuits have rightly outraged Utah taxpayers as they have financed endless litigation against the state over unimaginable triv-ia."

Graham's proposal, unveiled Tuesday at a press conference, will require inmates to pay all or at least a portion, of the court filing fees.

The Department of Corrections, which supports the legislation, will prepare an affidavit in each case detailing the inmate's trust account balance and his or her aggregate disposable income. If the inmate is unable to pay full fees and costs, the court shall assess a partial filing fee of 50 percent of the prisoner's current trust account balance or 10 percent of the prisoner's six-month aggregate disposable income, whichever is greater.

Because most inmates have little money, officials hope that putting a price tag on the filing of legislation will curb the rash of frivolous lawsuits against the state.

Graham said other states that have enacted similar legislation have seen dramatic declines in frivolous lawsuits. In Arizona, the number of inmate lawsuits dropped by 35.5 percent the first year.

Last year, inmates filed 195 civil suits in state district court and another 271 cases in federal court. Twenty-six additional cases were on appeal in the federal court system.

One Utah inmate filed 22 separate lawsuits in a six-month period. Another inmate filed 60 separate lawsuits over a six-year period. In that case, the inmate prevailed in court only once on a petition to change his name.

Graham admits her approach is only a partial solution. The state can only require inmates to pay fees for filings in state court; the federal court, governed by federal law, does not yet have a similar requirement. "It is something (Congress) is working on," said Palmer DePaulis, Graham's chief of staff.

Graham's legislation will also turn up the heat on inmates in another way. The Board of Pardons will now take under consideration lawsuits judged to be meritless when prisoners come before the board for parole.

The bill also has the support of the Board of Pardons, the Utah Police Chiefs Association, the Utah Sheriffs Association and the Statewide Association of Prosecutors.