Board Resolution ~ 02/19/2011(2)

Regarding Reform of the Hyde Amendment

Resolution of the Board of Directors of the National Association of Criminal Defense Lawyers Regarding Reform of the Hyde Amendment 

San Antonio, Texas
February 19, 2011

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.

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