On the recordSeptember 14, 2004
Mr. Speaker, the John Kerry for President campaign has endorsed national legislation in which ``lawyers who file frivolous cases would face tough, mandatory sanctions, including a `three strikes and you're out' provision that forbids lawyers who file three frivolous cases from bringing another suit for the next 10 years.'' Unfortunately, the Democratic substitute did not listen to what the Kerry campaign said and does not forbid lawyers who file three or more frivolous lawsuits from bringing future lawsuits. The substitute only provides that on three strikes the offending attorney will be referred to a bar association, and no action need be taken by the bar to discipline the lawyer. The base bill, H.R. 4571, on the other hand, currently provides that an attorney who files frivolous lawsuits will be suspended for at least a year and perhaps much longer if the court deems it appropriate. I would ask all Members to reject the Democratic substitute.
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