Haglund v. Superior Court

[258]

Opinion

THE COURT.

*

The petition for writ of mandate, filed December 10, 1982, has been read and considered.

In the within petition, review of an order denying petitioner’s application to file a cross-complaint in forma pauperis is sought. As there is not a plain, speedy or adequate remedy at law, and in view of the fact the issuance of alternative writ would add nothing to the full presentation already made and would only serve the purposes of delay, we deem this to be a proper case for the issuance of a peremptory writ of mandate “in the first instance. ” (Code Civ. Proc., § 1088.)

The record before this court establishes that petitioner filed an application for waiver of filing fees on October 21, 1982. In her application, petitioner disclosed that she was receiving aid to families with dependent children (AFDC) and food stamps. She did not provide any information as to her monthly income or expenses.

1

Government Code section 68511.3 and California Rules of Court, rule 985, require that the court grant the in forma pauperis petition if the litigant declares under penalty of perjury that he or she is receiving AFDC or food stamps.

2

The court took the position that Government Code section 68511.3 and rule 985 constituted an illegal delegation of the court’s exercise of discretion in these matters to “some bureaucrat” connected with the welfare program and denied the application.

3

Under article VI, section 6 of the California Constitution the Judicial Council is vested with the authority to “adopt rules for court administration, practice

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