H-1591.1          _______________________________________________

 

                            SUBSTITUTE HOUSE BILL 1044

                  _______________________________________________

 

State of Washington              54th Legislature             1995 Regular Session

 

By House Committee on Law & Justice (originally sponsored by Representatives Hickel, Delvin, Smith, Crouse, Padden, Dyer, Costa, Schoesler, Johnson, Thompson, Beeksma, Radcliff, Cairnes, Mastin, Carrell, Chappell, Foreman, Fuhrman, Campbell, Morris and Casada)

 

Read first time 02/08/95.

 

Providing of payment of attorneys' fees, costs, and expenses in actions against governmental units.



     AN ACT Relating to attorneys' fees, costs, and expenses awarded against state and other units of government; adding a new section to chapter 4.84 RCW; creating new sections; providing an effective date; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

 

     NEW SECTION.  Sec. 1.  The legislature finds the public interest is served by encouraging private citizens to defend their rights and pursue their legal remedies in the courts of this state.  The legislature further finds that it is in the public interest for governmental entities to respect citizen rights and entitlements and to facilitate lawful procedures whereby the rights and entitlements may be protected.  The legislature further finds that litigation expenses incurred by private citizens, even for the pursuit of just claims against the government or the defense of lawful interests against improper governmental intrusion, unjustly burden the citizens and chill the citizens' access to an appropriate legal remedy.  The legislature finds discriminatory public funding of governmental litigation expenses in actions determined to violate the legal rights and entitlements of private citizens defeats justice and encourages government abuse.  The legislature therefore declares encouragement and facilitation of citizen participation in legal proceedings where a governmental entity is an adverse party is desirable.

 

     NEW SECTION.  Sec. 2.  A new section is added to chapter 4.84 RCW to read as follows:

     In a civil action in which the state of Washington, a political subdivision, or a municipal corporation, or any department or agent of the state, political subdivision, or municipal corporation is a party, if the nongovernmental party prevails, the governmental party shall pay the nongovernmental party's reasonable attorneys' fees, costs, and other expenses of litigation.

     (2) This section does not apply to:

     (a) Actions involving quasi-municipal corporations or special purpose districts;

     (b) Civil infraction actions; or

     (c) Vehicle impoundment hearings and driver's license actions under Title 46 RCW where the governmental entity is not represented by counsel.

     (3) For the purposes of this section:

     (a) "Municipal corporation" means any city or town with a population of seven thousand five hundred or greater.

     (b) "Prevailing party" means a party in whose favor judgment is entered or a party who substantially prevails on the majority of issues.

     (4) A prevailing party seeking an award of fees and other expenses shall, within thirty days of final judgment in the action, submit to the court an application for fees and other expenses containing an allegation that the party is a prevailing party and is eligible to receive an award under this section, and a statement of the amount sought, including an itemized statement from an attorney or expert witness representing or appearing on behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed.

 

     NEW SECTION.  Sec. 3.  This act applies to all actions pending on or commenced after July 1, 1995.

 

     NEW SECTION.  Sec. 4.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.

 


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