Title: Hyde in Plain Sight - Back to Basics with the Hyde Amendment
Abstract: I. History of the Hyde Amendment 373II. The Role of Prosecutorial Misconduct in the Hyde Amendment 376III. Hyde Amendment and the Courts 377A. Defining the Standards Prior to Shaygan 378IV. Analysis of U.S. v. Shaygan 382A. The Definitions in Shaygan 3851. The New Bad Faith Requirement and a Prosecutor's Intent 389B. Mischaracterization of the Requirement 3901. The Result of the New Position Requirement 392C. The Lack of Deference by Circuit Courts 393V. Conclusion 395Six months after being arrested at his Miami office, being placed under house arrest, and enduring an investigation marred by prosecutorial misconduct, Doctor Ali Shaygan found himself acquitted of all charges.1 Beyond the damage to his reputation, medical practice, and emotional well-being, one large problem remained: he owed over six hundred thousand dollars of attorneys' fees.2In 1997, Congress passed the Hyde Amendment, which allows acquitted criminal defendants to recoup attorneys' fees if they can demonstrate prosecutorial misconduct. The Hyde Amendment states:[T]he court, in any criminal case . . . may award to a prevailing party, other than the United States, a reasonable attorney's fee and other litigation expenses, where the court finds that the position of the United States was vexatious, frivolous, or in bad faith, unless the court finds that special circumstances make such an award unjust.3Although Congress enacted this seemingly straightforward statute to provide relief to those wronged by tainted prosecutions, the Hyde Amendment has been rendered ineffective by the federal courts.4 In one national study, researchers found only thirteen successful claims between 1998 and 2010.5 By contorting the definitions of the Amendment's terms, refusing to pay the appropriate deference to trial courts, and shifting the focus to prosecutors rather than the parties seeking attorneys' fees, courts have hollowed the Hyde Amendment.This Note uses U.S. v. Shaygan to examine the ambiguities created by the Hyde Amendment and problems with its treatment in federal courts during the fifteen years following its passage. The Hyde Amendment can be redeemed, but that will require courts to go back to basics and recall that it is not only a tool for curbing prosecutorial misconduct, but also for providing a small measure of relief to an acquitted defendant.History of the Hyde AmendmentThe Hyde Amendment was offered on the floor of the House as a rider to the Department of Justice budget for 1998.6 In the strictest sense, it was not an amendment at all, but rather a new proposal to permit the recovery of attorneys' fees in criminal cases.The Amendment takes its name from former Republican Congressman Henry Hyde of Illinois.7 Educated as an attorney, Rep. Hyde was a staunch conservative who served on the House Judiciary Committee for his entire thirty-two year tenure.8 A respected voice on legal and judicial matters, Rep. Hyde was serving as chair of the Committee when he offered the Amendment.9 Rep. Hyde offered the Amendment during debate over the final passage of the appropriations bill, instead of in committee or during earlier debate, which limits the context to explain the Amendment's enactment. The legislative history consists only of the Amendment as originally offered, floor statements by Rep. Hyde and two other representatives, and one sentence from the bill's conference committee.Unfortunately for those harmed by prosecutorial misconduct, the terms vexatious, frivolous, and bad faith are not defined in the Amendment. With little else to use as guidance, courts often examine the limited legislative history in interpreting the Amendment. Perhaps the best place to begin in understanding its purpose is by turning to Rep. Hyde's statements, delivered on the floor of the House.Rep. Hyde's statements verily that curbing prosecutorial misconduct motivated him to offer the Amendment. …
Publication Year: 2014
Publication Date: 2014-04-01
Language: en
Type: article
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