Powered By Blogger

Sunday, July 27, 2008

On legal fees, Hackney hears different drum

 posted by charlotte attorney
Dan Kane and Ryan Teague Beckwith, Staff WritersComment on this story When House Speaker Joe Hackney put the brakes on legislation that would have awarded legal fees to those who win public records battles against state and local governments, he went against the wishes of Democrats in a big chunk of his district.
The Chatham County Democratic Party's executive committee had passed a resolution last year advocating legislation that provides an automatic award of legal fees. This was after some of its members were involved in a public records lawsuit with the Chatham County Board of Elections.
The residents won against the board, but the judge in the case made the residents pay all but 10 percent of their $35,000 legal bill.
"The entire burden of making sure the public records law gets enforced lies upon the citizens, and that's not fair," said Nick Meyer, a member of the Chatham Democrats executive committee.
The committee passed another resolution Thursday urging legislation that would award costs to successful plaintiffs "so as to reduce the temptation to play games with the legal process wasting the court's time and citizens' resources."
The Senate unanimously passed the legislation on the first day of the session's final week, but Hackney, an Orange County Democrat, did not want it taken up in the House. He said there wasn't enough time, but he also confirmed that he does not like taking legal fee decisions out of the hands of judges.

No comments:

support the sole practitioner cause