SENATE BILL REPORT

SB 5650

BYSenators 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)

                  February 23, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 23, 1989

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, or a political subdivision, is a party to the action and not a prevailing party.

The court is given explicit authority to deny or reduce awards if the court finds that special circumstances exist which would make an award unjust.

The act applies to all civil actions, including appeals, commenced after or pending on January 1, 1989.  It does not apply to civil actions involving death or personal injury.

EFFECT OF PROPOSED SUBSTITUTE:

Political subdivisions of the state are no longer subject to the provisions of this bill.

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)