A bill for an act relating to vexatious litigation and providing penalties.
Summary
Senate File 291 would create a new criminal offense in Iowa for “vexatious litigation.” Under the bill, a person or that person’s counsel who files, brings, defends, or asserts a civil claim in bad faith or without a reasonable basis in law or fact would commit a serious misdemeanor. The bill is aimed at deterring abusive or frivolous civil litigation by attaching criminal penalties to conduct that the bill characterizes as lacking a legitimate legal or factual foundation.
The measure would add a new section to the Iowa Code and would apply broadly to civil claims, including not only initiating lawsuits but also defending or otherwise asserting claims. Because the bill expressly includes a person’s counsel, it could affect attorneys as well as parties to litigation. The stated penalty is the existing Iowa serious misdemeanor punishment range, which can include up to one year of confinement and a fine.
Impact
If enacted, SF 291 would create Iowa Code section 720.6A and expand the state’s criminal law into the area of civil litigation conduct. It would expose litigants and their lawyers to misdemeanor prosecution for filing or maintaining claims deemed to be in bad faith or unsupported by a reasonable basis in law or fact. The bill would therefore affect civil litigants, attorneys, and potentially courts tasked with evaluating whether conduct meets the new standard, while also potentially overlapping with existing civil sanctions and attorney discipline mechanisms.
Sentiment
The limited available legislative history suggests the bill was treated favorably at the subcommittee stage, with a recommendation for passage and no recorded votes or transcript debate provided. Based on the text, the bill appears motivated by concern over abusive litigation practices and the burden of frivolous claims. At the same time, the absence of recorded discussion leaves the level of broader support or opposition unclear.
Contention
The main point of contention is likely the bill’s decision to criminalize litigation conduct that is traditionally addressed through civil sanctions, fee shifting, or professional discipline. Critics could argue that terms like “bad faith” and “no reasonable basis in law or fact” are broad and may chill legitimate advocacy or aggressive defense of claims, especially because the bill reaches both parties and their counsel. Supporters would likely emphasize the need to deter frivolous or harassing lawsuits and to protect defendants and the court system from abusive litigation.