Bill limits court access for ‘vexatious’ litigants

Sponsored by the Senate Judiciary Committee, the bill moved from that panel to the Senate Finance Committee after a Feb. 11 hearing.

The bill defines a vexatious litigant as persons who represent themselves in court, including attorneys acting on their own behalf, who commence or maintain at least five litigations in state or federal court during the past seven years that were decided against them or remained pending without good cause for more than a year; or someone who repeatedly sues or attempts to sue the same party or attempts to litigate a previously decided case, issue of fact or law.

A person determined by a court to be a vexatious litigant who attempts to file a new suit that a subsequent court determines is "not reasonably probable" to prevail may be ordered to post security, in an amount set by the court before the action can proceed.

The bill also allows courts to, on their own initiative or a motion from another party, to issue a prefiling order prohibiting the vexatious litigant from commencing new litigation without approval of the presiding judge of the judicial district where the new action would be filed. Court clerks would be prohibited from accepting complaints from vexatious litigants without the presiding judge's approval. Defendants named in vexatious litigants' suits that are stayed after filing would not be required to file responses until 10 days after a court's written notice that the suit may proceed.

Sen. Hollis French, D-Anchorage, chairman of the Judiciary Committee noted that the U.S. Supreme Court has ruled that the First Amendment does not protect baseless litigation.

Assistant Attorney General Susan Cox said at the hearing that most "frequent filers" take their cases to state courts in Anchorage. She did not offer a Department of Law position on the bill.