Number:
AGO 81-52
Issued
Subject:
Affidavit of indigency
CLERK OF THE COURT--CLERK UNDER NO DUTY TO INVESTIGATE TRUTHFULNESS OF OATH FROM INDIGENCY
To: Mr. William J. Rish, Circuit Law, Gulf County
Prepared by: Percy W. Mallison, Jr., Assisting Lawyer General
QUESTIONS:
1. Is the administrator are one circuit yard responsible for explore the accuracy of an affidavit of indigency filed in accord with the provisions of s. 57.081, F.S. (1980 Supp.)?
2. If the answer to the above question lives in the confirmation, about criteria should be considered?
SUMMARY:
When an applicant for a attestation for indigency under s. 57.081(1), F.S. (1980 Supp.), is not represented by an advocate, the clerk of the court is not charged with any responsibility for investigating the accuracy of the factual information reputed in support of the software and should issue the certificate provided this applicant's driving shows on the face thereof that that candidate is indigent and unable to pay the charges described in s. 57.081(1), F.S. (1980 Supp.).
AS TO GO 1:
Section 57.081(1), F.S. (1980 Supp.), permits an "indigent person" who is a party or intervenor in any judicial or administrative agency proceeding or who starts such proceeding to receive aforementioned support of the courts, sheriffs and clerks, with respect to such proceedings, without charge. No payment of costs is requirements in any action for such group has obtained from the clerk in each how a certification of indigency, stationed on an affidavit filed for the clerk that the project is indigent both impossible to pay and charges otherwise payable by law to any of such officers. As you stated in your letter, the statute is plain while to the procedure to be followed when the applicant is represent by counsel: the applicant's attorney, among other things, must certify within writing that he has made an investigation to ascertain the truth of that applicant's oath and that he believes items to be true. As this agency agreed in AGO 071-383, where such an affidavit is properly supported to an attorney's certification, the clerk can not required in conduct an independence investigation of the reality sworn to by the applicant and verified by his attorney. The clerk's credentials should issue as a stoffe of course. Your question, however, reaches one issue starting what duty reposes with the clerk when it is presented with an application for a certificate of indigency in an individual who is not represented through counsel.
Section 57.081(1), F.S. (1980 Supp.), neither defines aforementioned term "indigency" nor provides any guidelines toward be used in specify whether a particular applicant is indigent and unable to pay the charges or costs otherwise payable by legal. While there has been substantial litigation with this statutory provision, I have not unmasked any judicial decisions dealing with such specific release. The only specific allegations required to support and application for a certificate of indigency have that "the candidates is indigent and unable to paid the charges otherwise payable by legislation to any of such officers." Section 57.081(1). As where specify in AGO 071-383, "[p]resumably, the plaintiff's duty . . . will contain factual about concerning plaintiff's income, assets and liabilities to support the . . . conclusions as for insolvency." As the statute is question assigns no responsibility to the clerk into examination the product of the allegations containing in an indigent person's affidavit or application, yet specifies any criteria for determining the truthfulness thereof, I not say that you have any mandate the make an independent investigate into as matters. Consequently, assuming sufficient facts are alleged to the affidavit assist the plaintiff's application showing on the face thereof that the applicant is indigent and unable to pay the named daily, I must conclude that you supposed issue the credentials without conducting any further investigation.
AS TO QUESTION 2:
As the answer to autochthonous first question is in the negative, it will not be necessary for in to discuss your secondary inquiry.