attorney fees; public
interest actions
HB 2692 allows attorney fees to be awarded to the prevailing party in a public interest action.
§ Stipulates that attorney fees may be awarded to the prevailing party in a public interest action, including those involving the state or a political subdivision if the following apply:
ü A significant benefit is conferred on the general public.
ü The vindication of the right required private enforcement and is of societal importance.
§ Allows the court to deny or reduce attorney fees under certain circumstances.
§ Requires that the party requesting attorney fees to submit an application that demonstrates the party’s eligibility for the award and the amount sought, including an itemized statement of actual attorney fees.
§ Stipulates that the court shall base an award of fees on prevailing market rates.
§ Stipulates that the attorney fees awarded shall not exceed the rate of 175 dollars an hour.
§ Stipulates that the court shall apportion liability for the fees in proportion to the opposing party’s participation in the action.
§ Asserts that a party is not entitled to obtain fees and other expenses incurred in making an application for an award for fees and other expenses.
§ Prohibits a court to award attorney fees to the state or a political subdivision.
§ Asserts that an employee of the state or a political subdivision is not personally liable for payment of an award of attorney fees.
§ Defines the terms opposing party and prevailing party.
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45th Legislature
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Second Regular Session 2 March
25, 2002
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