Fair Courts & Abuse of Process Reform
FAIR COURTS & ABUSE OF PROCESS REFORM
RIGHT OF ACCESS
Every person retains the right to bring a legitimate claim, defend against a claim, report misconduct, challenge government action, seek a change in existing law, and present a reasonable legal argument. Losing a case does not, by itself, make the case frivolous.
FRIVOLOUS OR ABUSIVE PROCEEDINGS
A lawsuit, administrative complaint, subpoena, motion, investigation, or other proceeding is frivolous or abusive when the responsible person:
knows that it has no reasonable factual or legal basis;
uses it primarily to harass, retaliate, intimidate, silence, delay, obtain publicity, impose unnecessary costs, or force an unjustified settlement;
knowingly relies on materially false evidence;
continues after learning that its material factual basis is false;
uses discovery or an investigation merely to search for a claim that had no reasonable basis when the proceeding began.
Good-faith arguments for changing or extending the law remain protected.
CERTIFICATION & EARLY REVIEW
Attorneys, government officials, agencies, corporations, nonprofits, unions, and self-represented parties must certify that they conducted a reasonable inquiry into the facts and law before initiating a proceeding.
A person accused of filing or using an abusive proceeding may request early review. The court must decide the motion within 30 calendar days after the motion, response, evidence, and required hearing are complete. Except when fabricated evidence, immediate retaliation, evidence destruction, or repeated abuse is alleged, the responsible party receives 10 calendar days to withdraw or correct the challenged filing.
CONSEQUENCES
After notice, an opportunity to respond, and specific written findings, a court may impose:
dismissal or striking of the abusive claim;
payment of reasonable attorney fees, defense costs, and actual losses caused by the abuse;
an additional civil penalty of up to three times proven losses when the conduct was intentional, retaliatory, fraudulent, or repeated;
professional-discipline referral for an attorney or licensed professional;
employment discipline, removal, or termination for a public employee or official who knowingly abuses government authority;
a narrowly tailored prefiling-review requirement after repeated final findings of abuse;
criminal referral when the conduct independently constitutes perjury, evidence fabrication, fraud, extortion, obstruction, bribery, witness tampering, or another defined crime.
No person may be imprisoned merely for bringing an unsuccessful civil claim. Taxpayers may not pay a public official's personal sanction after a final finding that the official intentionally used government authority for retaliation or harassment.
PROTECTION AGAINST RETALIATORY LAWSUITS
Claims targeting lawful speech, journalism, political participation, petitioning, peaceful protest, public testimony, whistleblowing, or criticism of government receive expedited review. When the claimant cannot demonstrate a legally sufficient claim supported by evidence, the court must dismiss the claim and award reasonable costs to the targeted person.
EQUAL APPLICATION, DUE PROCESS & APPEAL
These standards apply equally to individuals, corporations, nonprofits, political organizations, unions, government agencies, prosecutors acting in civil matters, elected officials, and law-enforcement agencies. The responsible party may obtain an expedited appeal. A sanction is imposed on the person or organization responsible for the misconduct and may not be shifted to an innocent client, employee, taxpayer, or third party.
Core MPA standard: Protect legitimate access to courts. Decide abuse claims quickly. Make deliberate harassment expensive. Never punish a person merely for losing a good-faith case.
Related policies: Courts, Trials, Appeals & Timely Justice; Investigations, Enforcement Deadlines & Due Process; Government Integrity & Equal Justice; Public Meetings, Citizen Speech & Due Process.
Status: Proposed / Draft, not yet formally adopted.
Originally published: September 29, 2026.
Last updated: September 29, 2026.
Version: Draft 0.1.