I 111th CONGRESS 2d Session H. R. 5069 IN THE HOUSE OF REPRESENTATIVES April 20, 2010 Mr. Johnson of Georgia introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Federal Rules of Civil Procedure and the Federal Rules of Appellate Procedure to ensure access to the Federal judiciary in cases where the interest of justice so requires, and for other purposes.

1.

Short title

This Act may be cited as the Fair Payment of Court Fees Act of 2010.

2.

Amendment to the Federal Rules of Civil Procedure

Rule 68(d) of the Federal Rules of Civil Procedure is amended by striking the period at the end and inserting , unless the court determines that the interest of justice justifies waiving such payment. For the purpose of making such a determination, the interest of justice includes the establishment of constitutional or other important precedent..

3.

Amendment to the Federal Rules of Appellate Procedure

Rule 39 of the Federal Rules of Appellate Procedure is amended by adding at the end the following new subdivision: (f)

Waiver of costs for certain appeals

The court shall order a waiver of costs if the court determines that the interest of justice justifies such a waiver. For the purpose of making such a determination, the interest of justice includes the establishment of constitutional or other important precedent. .