WHEREAS the Hyde Amendment provides a defendant in a federal criminal case the opportunity to recover his or her recover attorney’s fees and expenses in very limited circumstances;
WHEREAS the Hyde Amendment has been interpreted by the Courts to require a showing of significant government misconduct as a prerequisite of recovering attorney’s fees and expenses;
WHEREAS a subcommittee of NACDL’s White Collar Crime Committee has submitted a report regarding the limitations of the Hyde Amendment and proposing a statute that would allow an acquitted criminal defendant to recover his or her attorney’s fees without a showing of government misconduct;
WHEREAS the Board of Directors of NACDL has considered this report and supports its findings and conclusions;
THEREFORE IT IS RESOLVED that NACDL supports legislation that would allow an acquitted defendant in a federal criminal case the opportunity to recover his or her attorney’s fees and expenses without a finding of government misconduct; and
IT IS FURTHER RESOLVED that NACDL urges the United States Congress to swiftly and fully enact such legislation.
San Antonio, Texas
