County clerks could ask courts to review suspected frivolous filings

A county clerk may hold or decline a document that may be frivolous and must ask the district court to decide whether it is. This covers documents the public submits to a county clerk, except conveyances, documents handled under the clerk's specified duties, and liens. A filing is frivolous if it lacks an arguable basis in law or fact, or is presented for an improper purpose such as harassment. The person seeking to file must receive notice and a chance to be heard before the court acts. The clerk may reject the document only after the court declares it frivolous, and must refund any fee within 10 days of the court order. The clerk may not reject a document if the fee has been deposited or the document has already been filed. The clerk may hold or decline the document while seeking a court order. Any required fee refund is due within 10 days after the order.

A county clerk may ask the district court to declare a previously filed document frivolous and may add a notation if the court does so. This covers documents already filed with the county clerk that the clerk believes may be frivolous. The person who submitted the document must receive notice and a chance to be heard before the court acts. The clerk may add a notation only after the court declares the document frivolous. The clerk may review previously filed documents. A notation may be added after the court enters its order.

A filing declared frivolous by the district court under this section would have no legal effect. This applies to any filing the district court declares frivolous under this section. If adopted, the proposed act would take effect July 1, 2026.