SENATE BILL REPORT

SB 6365

BYSenators Pullen, Rasmussen, Anderson, Owen, McCaslin, Talmadge and Vognild

Imposing attorney fees and costs on state when another party prevails.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 28, 1988; February 2, 1988

Majority Report:  That Substitute Senate Bill No. 6365 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Nelson, Niemi, Talmadge.

Senate Staff:Dick Armstrong (786-7460)

                  February 2, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 2, 1988

BACKGROUND:

Unless otherwise agreed to by the parties, in a civil action each party to the action is generally responsible for his or her own attorney's fees and expenses.  However, the law does provide that the prevailing party in an action can recover certain costs such as filing fees, fees for service of process, fees for service by publication, notary fees, reasonable expenses in obtaining reports and records, statutory attorney and witness fees, and reasonable expenses of depositions.

In addition, some statutes specifically allow attorneys fees to be awarded to the prevailing party.  For example, attorneys fees can be awarded to the prevailing party in opposing a frivolous action, and to the prevailing party when an offer of settlement has been made in an action for damages of $10,000 or less.

It is suggested that attorneys fees, costs and expenses should be awarded to a prevailing party when the state of Washington, or a political subdivision, is a party to the action, since the state has virtually unlimited resources to pursue or defend its position in litigation.

SUMMARY:

Attorney fees, costs, and expenses are to be awarded to the prevailing party in all civil actions, including appeals, when the state of Washington, or a political subdivision, is a party to the action and not a prevailing party.

The act applies to all actions including appeals commenced after or pending on January 1, 1988.

EFFECT OF PROPOSED SUBSTITUTE:

The scope of the bill has been narrowed.  The bill does not apply to civil actions involving death or personal injury.  The court is given explicit authority to deny or reduce awards if the court finds special circumstances exist which would make an award unjust.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 25, 1988

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: Richard Welsh, citizen; Mike Redman, Prosecutors Association; Robert Hale, citizen; Gordon Crandall, Assistant City Attorney; Mark Erickson, City Attorney for Olympia; Gary Smith, Independent Business Association; Patricia Bosmans, Assistant City Attorney for Tacoma