Assigned
to
CWD
FOR COMMITTEE
Assigned
to CWD
FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Second Legislature, Second Regular Session
FACT SHEET FOR S.B. 1323
vexatious litigants; workers’ compensation
Purpose
Provides criteria for an administrative law judge in a workers’ compensation case to designate a pro se litigant a vexatious litigant. A vexatious litigant is prohibited from filing any new pleading, motion or other document without prior leave of the administrative law judge.
Background
The Industrial Commission of Arizona (Commission) is charged with the adjudication of workers’ compensation claims (A.R.S. § 23-921). Any interested party may file a request for a claim hearing and the Commission refers the request to the Administrative Law Judge (ALJ) division (A.R.S. § 23-941). The Commission must approve any final settlement agreement before the settlement it is valid and enforceable.
The term vexatious refers to conduct that lacks reasonable or probable cause or excuse, including conduct that is harassing or annoying (See Black’s Law Dictionary, 8th Ed.). Arizona courts possess inherent authority to curtail a vexatious litigant's ability to initiate additional lawsuits. Courts have established guidelines for determining if a litigant is vexatious. A court typically enters an administrative order to declare a person a vexatious litigant and place conditions on future filings (Madison v. Groseth, 279 P.3d 633 (Ariz. Ct. App. 1, 2012)).
Laws 2014, Chapter 41, Section 1 prescribes that, in a noncriminal case, the presiding judge of the superior court or the judge’s designee may declare a pro se litigant a vexatious litigant if certain conditions are met. A vexatious litigant cannot file a new pleading, motion or other document without prior leave of the court. Vexatious conduct includes: 1) repeated filing of court actions solely or primarily to harass; 2) unreasonably expanding or delaying court proceedings; 3) initiating or defending court actions without substantial justification; 4) engaging in abuse of discovery or conduct in discovery that has resulted in sanctions; 5) engaging in a pattern of making unreasonable, repetitive and excessive requests for information; and 6) repeated filing of documents or requests for relief that have been the subject of previous rulings by the court in the same litigation (A.R.S. § 12-3201). S.B. 1323 expands this authorization to the ALJ in workers’ compensation cases.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows, on the motion of a party, the ALJ or ALJ designee to deem a pro se litigant a vexatious litigant in a workers’ compensation case.
2. Adopts 30-day limits for:
a) a pro se litigant to respond to the ALJ vexatious litigant designation; and
b) the ALJ to issue an order upon receipt of the pro se ligitant’s response.
3. Prohibits a vexatious litigant from filing any new pleading, motion or other document without prior leave of the ALJ.
4. Suspends a vexatious litigant designation if the pro se litigant is currently represented by legal counsel.
5. Designates a pro se litigant as a vexatious litigant if the ALJ finds the pro se litigant engaged in vexatious conduct.
6. Defines vexatious conduct as:
a) repeated filing of actions solely or primarily for the purpose of harassment;
b) unreasonably expanding or delaying Commission proceedings;
c) bringing or defending claims without substantial justification;
d) engaging in abuse of discovery or conduct in discovery that has resulted in the imposition of sanctions against the pro se litigant;
e) a pattern of making unreasonable, repetitive and excessive requests for information; or
f) repeated filing of documents or requests for relief that have been the subject of previous rulings by the Commission in the same litigation.
7. Defines without substantial justification as a claim or defense that is groundless or not made in good faith.
8. Becomes effective on the general effective date.
Prepared by Senate Research
January 28, 2016
GH/rf