I think a lot of argument here is based upon a misunderstanding of what the law is presently and what we are doing to it. Under sanctions in the present law it says if on a notice and a reasonable opportunity to respond the court determines that a subdivision had been violated the court may, subject to conditions stated below, impose an appropriate sanction upon the attorneys, law firms or parties who have violated subdivision (b) or are responsible for action. We changed that 'may' to 'shall.' But there is an awful lot of discretion there in the finding of whether there is a violation or not, and what any kind of a sanction, mild or otherwise, there should be. But that is present law. We do take out of the bill the opportunity under motion to at the last minute, after it has been found they have violated the code by putting in amendments and other pleadings that should not be there, we give them 21 days to change their position, but that is after you are caught with the cookie jar in your hand, we say that they can change that. We have taken that 21-day grace period out and that is principally what the bill does to begin with.
Editor's note · Context
Discussing changes to legal sanctions in a proposed bill.
Share
More from William Moorhead
1995 marks the 80th anniversary of the Armenian genocide. Every year in Congress April 24 is remembered on the floor of the House, and I have participated in this occasion for a large number of years, a tribute to the Armenian martyrs who…
Senior U.S. District Judge Milton Shadur of the northern district of Illinois said he generally would welcome the restoration of the old rule. "The most recent changes watered it down," he says, "by offering an out for lawyers who get…
I rise today to bring your attention to an effort in my district to establish a healthy lifestyles and opportunities for wellness in children. This enterprise is being undertaken by the Glendale Adventist Medical Center in a endeavor to…
I rise in support of H.R. 1861, the Copyright Clarifications Act of 1996. This important legislation will assist the U.S. Copyright Office in carrying out its duties, including giving the Office the ability to set reasonable fees for basic…





