Tyree Deshawn Mims v. City of Gloucester ( 2024 )

NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-0068-23
TYREE DESHAWN MIMS,
Plaintiff-Appellant,
v. APPROVED FOR PUBLICATION
June 25, 2024
CITY OF GLOUCESTER,
APPELLATE DIVISION
GLOUCESTER CITY POLICE
DEPARTMENT, AND
GLOUCESTER CITY CHIEF
OF POLICE, BRIAN MORELL,
Defendants-Respondents.
___________________________
Submitted June 4, 2024 – Decided June 25, 2024
Before Judges Sumners, Smith and Perez Friscia.
On appeal from the Superior Court of New Jersey, Law
Division, Camden County, Docket No. L-2054-23.
Tyree Deshawn Mims, appellant pro se.
Wade Long & Wood LLC, attorneys for respondents
(Daniel Howard Long, on the brief).
The opinion of the court was delivered by
PEREZ FRISCIA, J.S.C. (temporarily assigned)
This appeal concerns the threshold requirements for an applicant's waiver
of court fees based on indigency. Rule 1:13-2(a), governing proceedings by
indigents, was supplemented by the New Jersey Supreme Court's April 5, 2017
order, which established a standard fee waiver application process and criteria.
The Court's order authorized the Administrative Office of the Courts to
promulgate directives providing "uniform fee waiver request forms" and a
standard protocol. See generally Admin. Off. of the Cts., Admin. Directive #03-
17, Fee Waivers Based on Indigence (rev. Apr. 20, 2017).
Plaintiff Tyree Deshawn Mims appeals from a July 19, 2023 Law Division
order, which denied1 his motion to proceed as indigent. The court found the
required documentation was not provided. On appeal, plaintiff contends his
submitted documentation satisfied the eligibility requirements of Rule 1:13-2(a)
warranting a waiver of court fees in this action and all future litigation. Because
plaintiff did not complete the uniform fee waiver forms and failed to submit the
1
Although not raised by the parties, we recognize the July 19, 2023 order
denying plaintiff's motion to proceed as indigent was effectively without
prejudice. While an appeal as of right may be taken to the Appellate Division
from "final judgments," R. 2:2-3(a)(1), we nevertheless sua sponte grant leave
to appeal nunc pro tunc in the interest of providing expeditious guidance to the
bench and Bar on future indigency fee waiver applications. See R. 2:4-4(b)(2);
Grow Co. v. Chokshi, 403 N.J. Super. 443, 458 (App. Div. 2008) ("[T]he sole
discretion to permit an interlocutory appeal has been lodged with the appellate
courts.") (citing Brundage v. Est. of Carambio, 195 N.J. 575, 599-600 (2008)).
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required supporting documentation establishing indigency, the trial court
properly denied the motion. We affirm.
I.
It is well-established that self-represented litigants shall be provided "a
meaningful opportunity to be heard." See Ridge at Back Brook, LLC v. Klenert,
437 N.J. Super. 90, 99 (App. Div. 2014). It is also "fundamental that the court
system is obliged to protect the procedural rights of all litigants and to accord
procedural due process to all litigants." Rubin v. Rubin, 188 N.J. Super. 155,
159 (App. Div. 1982). Notwithstanding these principles, a self-represented
litigant is "not entitled to greater rights than [a] litigant[] . . . represented by
counsel." Ridge at Back Brook, LLC, 437 N.J. Super. at 99. Further, a
self-represented litigant is held to the same standards of compliance with our
Court Rules. Venner v. Allstate, 306 N.J. Super. 106, 110 (App. Div. 1997).
Rule 1:13-2(a) provides, in relevant part:
[W]henever any person by reason of poverty seeks
relief from the payment of any fees provided for by law
which are payable to any court or clerk of court . . . ,
any court upon the verified application of such person,
which application may be filed without fee, may in its
discretion order the payment of such fees waived.
The Supreme Court's order established standard indigency criteria for
reviewing motions for a waiver of court fees "by reason of poverty." Admin.
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Directive #03-17, attach. (order). Our Court established that the minimum
threshold for indigency is met for applicants: "(a) whose household income does
not exceed 150% of the federal poverty level (with that level based on the
number of members of the individual's household) and (b) who have no more
than $2500 in liquid assets, subject to completion of a uniform fee waiver
request form." Ibid. (emphasis added). The order further provided if a "court
determines that the . . . [indigency] motion . . . is frivolous or malicious or
constitutes an abuse of process," then it "may deny such waiver of court filing
and copy fees." Ibid. Pursuant to the order, the Administrative Director of the
Courts promulgated Administrative Directive #03-17 (Directive) including "a
fee waiver packet" to ensure a "uniform fee waiver request form" for applicants.
Id. at 1 (main text of directive).2 Thus, a standard process and threshold criteria
for waivers of court fees was established.
A trial court's decision to waive the payment of filing fees pursuant to a
motion for indigency is within its sound discretion. R. 1:13-2(a). The court's
decision is afforded "substantial deference and will not be overturned absent an
2
We observe the Administrative Office of the Courts also promulgated a second
Supplement to Administrative Directive #03-17, which clarified: "where an
applicant makes a request for a fee waiver, that application must be granted or
denied in full." Admin. Off. of the Cts., Admin. Directive #03-17 Supp., Partial
Fee Waivers (Sept. 25, 2017).
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abuse of discretion." DiFiore v. Pezic, 254 N.J. 212, 228 (2023) (quoting State
v. Stein, 225 N.J. 582, 593 (2016)). Appellate courts discern an abuse of
discretion "when a decision is made without a rational explanation, inexplicably
departed from established policies, or rested on an impermissible basis."
Kornbleuth v. Westover, 241 N.J. 289, 302 (2020) (quoting Pitney Bowes Bank,
Inc. v. ABC Caging Fulfillment, 440 N.J. Super. 378, 382 (App. Div. 2014)).
We review a trial court's conclusions of law de novo. See Comprehensive
Neurosurgical, P.C. v. Valley Hosp., 257 N.J. 33, 79 (2024).
II.
We begin by reiterating the fundamental principle that a self-represented
litigant is entitled to a waiver of court fees if indigency is demonstrated. On
appeal, plaintiff argues he was entitled to an indigency waiver pursuant to
Article VI, Section 2, Paragraph 3 of the New Jersey Constitution 3 because he
sufficiently documented his "dire financial situation" in compliance with Rule
1:13-2(a) and the order. Further, he argues eligibility was sufficiently
established before the court in the underlying matter and that an "ongoing"
3
"The Supreme Court shall make rules governing the administration of all
courts in the State and, subject to the law, the practice and procedure in all such
courts." N.J. Const. art. VI, § 2, ¶ 3.
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waiver "to ensure [future] equitable access to the legal system" should be
awarded. His contentions are unsupported.
Plaintiff acknowledges his motion was denied because he failed to submit
the necessary indigency documentation. While plaintiff argues he made an
"earnest attempt[] to provide" his financial documentation, he fell short of
complying with the standard requirements. The record shows plaintiff submitted
the correct fee waiver "FORM A," but his form was incomplete, as he did not
include the required financial information demonstrating proof of eligibility.
The Directive mandates that "litigants seeking a waiver of court fees . . . based
on indigence must complete and submit the forms contained in the . . . fee waiver
packet." Admin. Directive #03-17, at 2 (emphasis added).
Further, while plaintiff alleged receiving public assistance, he failed to
submit documentation addressing the "income and assets standards." Id. at 1.
Specifically, plaintiff did not "[p]rovide two months of documentation for [any
of] the following: [w]elfare, [p]ublic assistance, [u]nemployment, [d]isability,
[s]ocial [s]ecurity, [c]hild [s]upport/[a]limony, other income." Admin. Off. of
the Cts., CN 11208, How to File for a Fee Waiver – All Courts 5 (rev. Sept.
2018) [hereinafter Fee Waiver Packet] (attached to Admin. Directive #03-17).
Also, plaintiff failed to include six months of bank statements for all of his bank
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accounts as required. Ibid. The Directive's packet instructions provide that a
"fee waiver application may not be granted if [the applicant] do[es] not include
all required income documentation." Id. at 2. Further, the "court may request
additional income verification, including but not limited to, state and federal tax
returns and other sources of income." Ibid. Without the completed forms and
documentation, the court could not fairly determine whether plaintiff qualified
under the indigency financial criteria.
In support of his filed appellate motion for a fee waiver, plaintiff
submitted a Camden County Board of Social Services letter, dated July 24, 2023,
stating that he was receiving monthly assistance.4 Our review of the record
shows plaintiff did not submit this letter with his motion before the trial court
as he was required to.
The court correctly denied plaintiff's motion without prejudice because
"no proof of public assistance [was] attached as required." Plaintiff is not
foreclosed from timely refiling the motion before the court with the certified
4
We note Rule 2:7-1(a) addresses an application on appeal for relief from court
fees providing an applicant's petition requesting an indigency determination is
first "file[d] with the trial court . . . setting forth the facts relied upon. . . . If the
trial court denies the application, it shall briefly state its reasons therefor, and
the petition may be renewed within 20 days thereafter before the appellate court
in accordance with R. 2:7-3."
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information and required documentation. Upon refiling, plaintiff must submit a
completed "FORM A," as required by the Directive with his asset and income
information, including the monthly amounts of public assistance received. See
id. at 3. We note the Directive's uniform forms and directions for filing a fee
waiver application are on the New Jersey Courts website. See Court Fees and
Fee Waivers, N.J. Cts., https://www.njcourts.gov/self-help/fee-waiver (last
visited June 14, 2024). Additionally, plaintiff must submit with the motion the
"[a]ttachments necessary," including "two months of documentation" regarding
any income and "six months of bank statements." Fee Waiver Packet, at 5.
Finally, for the sake of completeness, we address plaintiff's request for an
ongoing and permanent finding of indigency. A permanent determination of
indigency is prohibited by a Supplement to Directive #03-17, which provides
"that the fee waiver application applies only to the specific case in which the
application is filed" and "the duration of a granted fee waiver application is one
year after the date of the judgment." Admin. Off. of the Cts., Admin. Directive
#03-17 Supp., Fee Waiver Protocol Applicable to Directive #03-17, at 1 (Mar.
23, 2018); see also R. 2:7-4 ("[A] person who has been granted relief as an
indigent by any court shall be granted relief as an indigent in all subsequent
proceedings resulting from the same [matter] . . . without making [further]
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application" by "filing with the court in the subsequent proceeding a copy of the
order granting such relief or a sworn statement to the effect that such relief was
previously granted."). Further, upon the expiration of an approved fee waiver,
"the individual must submit a new application." Ibid. Thus, if a court finds a
plaintiff is indigent in a matter presently before it, the fee waiver remains for
one year after a judgment is entered, but a new application is required for each
separate court matter. A blanket finding of permanent indigency is not afforded.
For these reasons, we discern no abuse of discretion by the court in
denying plaintiff's motion.
Affirmed.
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