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ZATKO v. CALIFORNIA Stevens, J., dissenting
practice is to waive all filing fees and costs for indigent individuals, whether or not the petitions those individuals file are frivolous. As the dissent recognizes, for example, well over half of the numerous in forma pauperis petitions filed since the beginning of this Term are best characterized as frivolous. It is important to observe that we have not applied Rule 39.8 to those frivolous petitions, although the Rule might technically apply to them. Instead, we have denied those petitions in the usual manner, underscoring our commitment to hearing the claims, however meritless, of the poor. But “[i]t is vital that the right to file in forma pauperis not be incumbered by those who would abuse the integrity of our process by frivolous filings.” In re Amendment to Rule 39, supra, at 13. For that reason we take the limited step of censuring two petitioners who are unique—not merely among those who seek to file in forma pauperis, but also among those who have paid the required filing fees— because they have repeatedly made totally frivolous demands on the Court’s limited resources. To discourage abusive tactics that actually hinder us from providing equal access to justice for all, we therefore deny leave to proceed in forma pauperis in these cases, pursuant to Rule 39.8. Accordingly, petitioners are allowed until November 25, 1991, within which to pay the docketing fee required by Rule 38 and to submit petitions in compliance with Rule 33 of the Rules of this Court. Future similar filings from these petitioners will merit additional measures. It is so ordered. Justice Thomas took no part in the consideration or decision of these motions. Justice Stevens, with whom Justice Blackmun joins, dissenting. Last Term, over the dissent of three Justices, the Court amended its Rule 39 for the “vital” purpose of protecting
