Regarding Reform of the Hyde Amendment

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.

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

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