(a) Any District of Columbia court may authorize the commencement, prosecution or defense of any noncriminal suit, action or proceeding, or appeal therein, without prepayment of fees and costs or security therefor, including the fees for transcripts on appeal, by a person who is unable to pay such costs or give security therefor without substantial hardship to himself or herself or his or her family, as established by affidavit or other proof satisfactory to the court.
(b) Any person who makes an affidavit as provided in subsection (a) of this section and states therein that he or she receives public assistance under the District of Columbia Temporary Assistance for Needy Families, Program on Work, Employment, and Responsibility or General Assistance for Children programs, or receives assistance under title XVI of the Social Security Act (Supplemental Security Income) (76 Stat. 197) shall be presumed eligible to proceed without prepayment of fees and costs or security therefor.
(Dec. 23, 1963, 77 Stat. 536, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 554, Pub. L. 91-358, title I, § 144(14); Apr. 7, 1977, D.C. Law 1-107, title II, § 202, 23 DCR 8737; Mar. 20, 1998, D.C. Law 12-60, § 703, 44 DCR 7378; Apr. 20, 1999, D.C. Law 12-241, § 8, 46 DCR 905; Apr. 20, 1999, D.C. Law 12-264, § 24, 46 DCR 2118.)
Prior Codifications1981 Ed., § 15-712.
1973 Ed., § 15-712.
Emergency LegislationFor temporary amendment of section, see § 4 of the General Public Assistance Program Termination Emergency Amendment Act of 1997 (D.C. Act 12-72, May 12, 1997, 44 DCR 2989).
Section 7 of D.C. Act 12-72 provided for the application of the act.
For temporary amendment of section, see § 703 of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196); and § 703 of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).
Section 2002 of D.C. Act 12-152 provided for the application of the act.
For temporary amendment of section, see § 8 of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 8 of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 8 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 8 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).
Section 17 of D.C. Act 12-552 provided for the retroactive application of the act.
Section 18 of D.C. Act 13-19 provided for the retroactive application of the act.
Temporary LegislationSection 4 of D.C. Law 12-21 substituted “General Assistance for Children Programs” for “General Public Assistance Programs” in (b).
Section 8(b) of D.C. Law 12-21 provided that the act shall expire on the 225th day of its having taken effect.
D.C. Law 12-59, in (b), substituted “General Assistance for Children” for “General Public Assistance.”
Section 2001(b) of D.C. Law 12-59 provided that the act shall expire after 225 days of its having taken effect.
Section 2002 of D.C. Law 12-59 provided that the act shall apply as of October 1, 1997.
Section 8 of D.C. Law 12-230 substituted “Temporary Assistance for Needy Families, Program on Work, Employment, and Responsibility” for “Aid to Families with Dependent Children” in (b).
Section 18(b) of D.C. Law 12-230 provided that the act shall expire after 225 days of its having taken effect.
References in TextTitle XVI of the Social Security Act, referred to in subsection (b) of this section, is title XVI of the Act of August 14, 1935, ch. 531, as added by the Act of October 30, 1972, 86 Stat. 1465, Pub. L. 92-603, § 301, which is classified to 42 U.S.C. § 1381 et seq.
Editor's NotesSection 2002 of D.C. Law 12-60 provided that the Act shall apply as of October 1, 1997.