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Constitutional Law Keyed to Stone
Boddie v. Connecticut
Citation:
401 U.S. 371 (1971)Facts
The plaintiffs were welfare recipients in Connecticut whose income barely covered life’s essentials with no money available for court costs. They sought to file for divorce but were unable to pay the required $60 in fees ($45 filing fee plus approximately $15 for service of process). When they attempted to file their divorce papers, the clerk of the Superior Court rejected them because the entry fee had not been paid. Their subsequent efforts to obtain judicial waiver of the fees and to have the court effect service of process were unsuccessful. The plaintiffs then brought a federal action challenging Connecticut’s statute and service of process provisions as unconstitutional when applied to indigents. They argued that these requirements effectively barred them from accessing the courts to obtain divorces, which could only be granted through judicial proceedings in Connecticut. The state defended its fee requirements as necessary to prevent frivolous litigation and allocate scarce judicial resources.
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