Sponsors (2)
The bill increases access to and affordability of litigation against the federal government by making fee recovery mandatory for prevailing parties, while shifting greater financial risk and litigation pressure onto the government—raising taxpayer costs and altering prosecutorial, settlement, and court incentives.
People who prevail against the federal government (including defendants acquitted at trial) will automatically recover reasonable attorney fees and litigation expenses, lowering their out-of-pocket legal costs.
Stronger financial accountability for DOJ and federal agencies by requiring fee awards when the government loses, which may deter weak or frivolous government litigation and prosecutions.
Reduces financial barriers and encourages meritorious challenges to unlawful government action, increasing access to justice for individuals and groups who sue the government.
Taxpayers could face materially higher federal payouts because the government must pay mandatory attorney fees and expenses when it loses, increasing federal costs.
Prosecutors may become reluctant to bring borderline, novel, or complex cases (a 'chilling' effect), reducing enforcement of federal criminal laws and potentially allowing some unlawful conduct to go unprosecuted.
Defendants may have stronger incentives to push cases to trial (seeking fee awards if acquitted), which could increase federal-court workloads, slow case resolution, and create delays.
Based on analysis of 3 sections of legislative text.
Makes courts required to award reasonable attorney fees and litigation expenses in specified criminal non‑conviction trials and in civil cases under 28 U.S.C. 2412(a) and (b).
Official title: To direct courts to award attorneys fees in criminal cases that do not result in a conviction, and for other purposes.
Introduced September 18, 2025 by Rich McCormick · Last progress September 18, 2025
Makes awards of attorney fees and litigation costs mandatory rather than discretionary in covered federal criminal and civil cases. The bill changes existing statutes so that courts "shall award" reasonable attorney’s fees and other litigation expenses (where specified) for criminal cases that go to trial and result in non‑convictions and for civil cases under the Equal Access to Justice Act provisions that previously allowed such awards at the court's discretion.