Kevin Geeslin filed this action challenging a "convenience fee" and "token fee" charged in connection with his on-line electronic filing of a civil action (fees assessed in addition to the statutorily defined filing fee that were mandated by a 2012, administrative order issued by then Chief Justice Charles Malone). That 2012 order made it mandatory for parties to file all documents in civil actions on-line, or electronically in civil actions in Alabama circuit courts and district courts by parties represented by an attorney. "AlaFile" required credit-card payment of filing fees and charges users a "convenience fee" in addition to the filing fees. Geeslin filed a putative class action naming as defendants Chief JusticevMalone in his official capacity and On-Line Information Services, Inc. ("On-Line"), the company that managed and maintained the electronic-filing system for the Alabama Administrative Office of Courts ("AOC"). Geeslin alleged that Chief Justice Malone's order was unconstitutional and that the fees collected over and above the statutorily defined filing fee amounted to an illegal tax. Geeslin sought a judgment declaring the convenience fee and another "token fee" unconstitutional and a refund of the fees paid by him and the other putative class members. The Chief Justice and On-Line moved to dismiss the complaint. The trial court granted the motion to dismiss, and Geeslin appealed. The Supreme Court affirmed the judgment of dismissal as it related to all claims against On-Line, to all claims seeking monetary relief and injunctive relief, and to the action asserted against the Chief Justice under section 1983. As to the declaratory-judgment claim against the Chief Justice, the Court reversed the trial court's judgment of dismissal and rendered a judgment in favor of
Geeslin. View "Geeslin v. On-Line Information Services, Inc." on Justia Law
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