SENATE BILL REPORT

 

 

                                   ESSB 5650

 

 

BYSenate Committee on Law & Justice (originally sponsored by Senators Pullen, Anderson and McCaslin)

 

 

Specifying conditions for the awarding of attorneys' fees.

 

 

Senate Committee on Law & Justice

 

      Senate Hearing Date(s):February 6, 1989; February 23, 1989

 

Majority Report:  That Substitute Senate Bill No. 5650 be substituted therefor, and the substitute do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Madsen, Nelson, Rasmussen, Talmadge, Thorsness.

 

      Senate Staff:Ben Barnes (786-7465)

                  January 31, 1989

 

 

                      AS PASSED SENATE, JANUARY 31, 1990

 

BACKGROUND:

 

As a general rule, each party to a civil action is responsible for his or her own attorneys' fees and expenses.

 

There is concern that private parties may be discouraged from litigating a legitimate claim or defense against the state or its political subdivisions due to the relatively unlimited resources of these public bodies.

 

It is suggested that attorneys' fees, costs, and expenses be awarded to a private party which prevails in a civil action against the state or any of its political subdivisions.

 

SUMMARY:

 

Attorneys' fees, costs, and expenses are to be awarded to the prevailing party in all civil actions, including appeals, when the state of Washington is not the prevailing party.

 

The court is given explicit authority to deny or reduce awards if the court finds that special circumstances warrant a denial or reduction.

 

The act applies to all civil actions, including appeals, commenced after or pending on January 1, 1990.  It does not apply to civil actions involving death or personal injury.

 

Appropriation:    none

 

Revenue:    none

 

Fiscal Note:      available

 

Senate Committee - Testified: David Walsh, Attorney General (con); Fred Johnson, Prosecuting Attorney, Wahkiakum County (con); Mike Smith, City of Tacoma (con); Richard Welsh, National Association of Reversionary Property Owners (pro); Gary Smith, IBA (pro); Mark Erickson, City Attorney, Olympia (con); Andrea Dahl, Association of Washington Cities (con)