National Freedom of Information Grants

Financial support for open government lawsuits. It covers the up-front costs of bringing litigation, such as court costs, filing fees, depositions, travel and related expenses. Only in rare circumstances does it pay attorney fees. The fund mainly supports meritorious legal access cases under state and local public disclosure and open meeting laws. It is also available for anti-SLAPP suits, SLAPP defenses, important appellate cases and federal FOIA cases where citizen and journalist access to important public records may be enhanced. Applicants who want both NFOIC and SPJ Legal Defense Fund support can use a joint application, which must be submitted to both organizations; SPJ runs its own grant process separately. The pages state no hard award amount. Eligible applicants: Applicants may include individuals, organizations (including NFOIC member organizations), journalists, attorneys, news organizations, or any citizen needing support for a meritorious open government case.; Eligible cases: mainly meritorious legal access cases under state and local public disclosure and open meeting laws. Also anti-SLAPP suits, SLAPP defenses, important appellate cases and federal FOIA cases where citizen and journalist access to important public record information may be enhanced.; Funds cover the costs of bringing litigation (court costs, filing fees, depositions, travel and related expenses). Only in rare circumstances will grants include direct outlays for attorney fees.; Applicants should contact their state FOI group. Applications go either through the state FOI group or directly to NFOIC. If submitted directly to NFOIC, a member organization or other FOI expert in the applicant's state will still be consulted on the case's merits.; Selection criteria: Is the proposed litigation meritorious and important? Does the action have potential significant precedent-setting value? Do existing laws favor the party bringing or contemplating the legal action? Does the state FOI coalition recommend action? Are the potential risks outweighed by the arguments in favor of access?; NFOIC rarely, if ever, will join as a party, preferring to join amicus briefs instead.; Reviewers consider whether the requester has secured counsel and is prepared to fund legal costs beyond NFOIC's contribution.; The Fund's sustainability and the prospects for cost, expense and fee recovery are considered for every application, but are not necessarily a determining factor.; Once funding is approved, applicants must sign a grant agreement and a grant award letter.; Recipients who recover costs as part of resolving the case are expected to reimburse the Fund for at least the full value of the grant. NFOIC will also ask for reimbursement of any court costs the requester recovers.; In exceptional cases where an award includes attorney fees, the advanced attorney fees must be fully reimbursed, where permitted, once they are recovered from settlements or court-ordered awards.; Where Recipients are advanced only court costs and/or expenses, prevailing attorneys and law firms will, to the extent allowed by law, be required by the Recipient to pay at least five percent (5%) of any attorney-fee recovery to the Fund. Recipients must sign agreements with their attorneys to secure such payments, and NFOIC may require documentation of the agreement before issuing the grant.; Where the law prohibits such agreements, NFOIC seeks commensurate voluntary donations, and Recipients must make this expectation known to their attorneys.; Reimbursement, donation and fee-sharing policies apply only where the Recipient has prevailed and/or costs, expenses or fees have been recovered. NFOIC does not seek reimbursement when the Recipient does not prevail..