Summary
The Supreme Court of Florida sanctioned Connie Whigum Hamilton for abusive and frivolous filings after she submitted more than 130 filings across three cases. The court directed its clerk to reject future filings from Hamilton unless signed by a member in good standing of The Florida Bar, while warning that further abuse could result in additional sanctions.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court of Florida possesses inherent authority to sanction a litigant who abuses the court's processes through numerous frivolous filings.
- Whether Hamilton's filing history justified restricting her future pro se filings unless they were signed by a member in good standing of The Florida Bar.
Holdings
- The Supreme Court of Florida may exercise its inherent judicial authority to sanction a litigant who abuses the court's processes through repetitive, frivolous, or otherwise improper filings.
- Hamilton's abusive filing history warranted directing the clerk to reject her future pleadings, petitions, motions, documents, and other filings unless signed by a member in good standing of The Florida Bar.
Key quotations
“This Court has a responsibility to ensure every citizen's right of access to the courts. . . . A limitation on [the petitioner's] ability to file would further the constitutional right to access for other litigants because it would permit this Court to devote its finite resources to the consideration of legitimate claims filed by others.” (945 So. 2d at 1123)
“Under the sanction herein imposed, Hamilton is not wholesale being denied access to the courts. She may petition the Court through the assistance of counsel, whenever such counsel determines that the proceeding may have merit and can be filed in good faith.” (945 So. 2d at 1124)
Factual background
Hamilton filed three proceedings in the Supreme Court of Florida and submitted more than 130 filings alleging conspiratorial victimization by state courts and officials. Her cases were dismissed for failure to comply with court orders, yet she continued filing frivolous documents, including in closed cases, without seeking leave to file. The volume and irrelevance of the filings substantially burdened the court and clerk's office and impeded the court's ability to address legitimate claims.
Procedural history
Hamilton had filed three separate proceedings in the Supreme Court of Florida, all of which were dismissed, along with her numerous motions, supplements, and other requests. Since February 2005, she submitted more than 130 frivolous filings, including filings in closed cases. The court retained jurisdiction to consider sanctions, issued an order to show cause, and, after Hamilton failed to establish cause, imposed a filing restriction.