Sen. John Ensign (R-Nev.) introduced legislation this week that would require the Justice Department to be more transparent on how it doles out money to people or organizations that win in suits against the government.
John Ensign (Gov)
The Open Equal Justice Act of 2010 would require the Attorney General to submit annual reports to Congress on how much money is awarded, and to whom, under the Equal Justice Act. The 1980 law allows small businesses, individual citizens or public interest groups to recover attorney’s and expert witness fees, up to $125 an hour, in cases in which they prevail in a suit against the government.
The Equal Justice Act requires the government to report information on Equal Justice Act awards. But the Justice Department and the Administrative Conference of the United States have not provided the data to Congress since 1995, according to Ensign’s bill.
“Demanding government accountability in the use of federal funds is one of Congress’ principal duties,” Ensign said in a statement to Main Justice. “It is important to know where and how federal dollars are being spent. Because of our concern that individuals and groups may be abusing the Equal Access to Justice Act, it is vital that we have a full accounting of how American tax dollars are distributed pursuant to this law.”
Some groups have criticized the 1980 law because it does not limit the number of cases that a group or business can file or place a cap on the amount of attorney’s fees the plaintiff can collect.
“The Equal Access to Justice Act is a good example of a well-intentioned program that has been badly abused,” said Jim Sims, president and CEO of the Western Business Roundtable, an organization of executives who do business in the Western United States.
Republican Sens. John Barrasso of Wyoming, Bob Bennett of Utah, Mike Crapo of Idaho, Michael Enzi of Wyoming, James Risch of Idaho and David Vitter of Louisiana are co-sponsors of the legislation.
Rep. Cynthia Lummis (R-Wyo.) introduced a similar bill in the House earlier this month. The bills have been referred to the Senate and House Judiciary committees.
Leah Nylen contributed to this report.
