On the recordMarch 7, 1995
However, Mr. Speaker, I must rise in opposition to this motion to recommit, because it will return us to the situation we gave right now. It will eliminate the opportunity we have to truly say that when you go into Federal court, you have to be responsible, you have to be prepared to take responsibility for your own actions. By giving to the judge the discretion of whether or not to apply attorneys' fees, you will put us back to the situation we have right now with rules like rule 11, which has the effect of saying, ``Yes, we have sanctions, but, gee, maybe we wont't apply them,'' and the evidence is that they have not been applied. There are some other problems with this amendment. For one thing, this amendment incorporated in the motion to recommit could allow the court to require that the winning party's legal fees be paid by the losing party's attorney. This is a very wrongheaded concept in American justice.
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