[Public Papers of the Presidents of the United States: George H. W. Bush (1992, Book I)]
[February 4, 1992]
[Pages 198-199]
[From the U.S. Government Publishing Office www.gpo.gov]



Message to the Congress Transmitting Proposed Legislation on Access to 
Justice

February 4, 1992
To the Congress of the United States:
    I am pleased to transmit today for your immediate consideration and 
enactment the ``Access to Justice Act of 1992''. The purpose of this 
proposal is to reduce the tremendous growth in civil litigation that has 
burdened the American court system and imposed high costs on our 
citizens, small businesses, industries, professionals, and government at 
all levels.
    A thorough study of the current civil justice system has been 
conducted by a special working group, chaired by the Solicitor General, 
Kenneth W. Starr. The working

[[Page 199]]

group's recommendations, which were unanimously accepted by my Council 
on Competitiveness, are reflected in the bill. The legislation seeks to 
reduce wasteful and counterproductive litigation practices by 
encouraging voluntary dispute resolution, the improved use of litigation 
resources, and, where appropriate, modified, market-based fee 
arrangements. Additional reforms would permit the judicial system to 
operate more effectively.
    The Access to Justice Act would accomplish reforms in significant 
areas of litigation:
    a prerequisite for Federal jurisdiction over certain types 
            of lawsuits (the amount in controversy requirement) would be 
            redefined to exclude vague, subjective claims;
    prevailing parties could be entitled to award of attorney's 
            fees in certain lawsuits brought in Federal court;
    the Equal Access to Justice Act would be amended to clarify 
            and limit litigation over the amount of attorney's fees;
    innovative ``multi-door courthouses'' would be established 
            to encourage utilization of alternative dispute resolution 
            mechanisms;
    award of reasonable attorney's fees in disputes involving 
            the United States would be permitted in appropriate 
            instances;
    prior notice would be required, subject to reasonable 
            limits, as a prerequisite to bringing suit in any United 
            States District Court;
    flexible assignment of district court judges would be 
            authorized;
    immunity of State judicial officers would be clarified and 
            protected;
    the Civil Rights of Institutionalized Persons Act would be 
            amended to encourage resolution of claims administratively; 
            and
    improvements in case management in Federal courts would be 
            effected.
    I believe this proposed legislation would greatly reduce the burden 
of excessive, needless litigation while protecting and enhancing every 
American's ability to vindicate legal rights through our legal system. I 
recommend prompt and favorable consideration of the enclosed bill.

                                                             George Bush

The White House,
February 4, 1992.