Vice Chair Binder moved that S.B. 1014 as amended do pass. Mrs. Jarrett questioned the need for this bill. Darren LaSorte, Legislative Specialist, Arizona Judicial Council, advised that currently, the fee is assessed by municipal courts and deposited to the county general fund. This bill clarifies that fees will go into the municipal general fund instead of the county general fund. Vice Chair Binder moved that S.B. 1019 do pass.
Current law permits reimbursement for costs necessary for the preparation of the case.
Mr. Wong questioned whether this legislation relates to suits brought by private parties against State or local governments. He asked whether there is the feeling that current law is too expansive for attorneys' fees and recovery costs. Lisa Daniel, General Council, Governor's Office, advised that this legislation is the result of litigation against the State last year where an attorney asked for compensation for time spent lobbying the Legislature and time spent on public advocacy, lobbying organizations for their support on behalf of the plaintiff. She stated that the Governor's Office does not believe it is good policy to pay attorneys for that time. She noted that the statute provides that anyone who litigates against a public entity and prevails is entitled to fees.