An Act To Allow a Court To Award Attorney's Fees in Successful Freedom of Access Appeals
Maine Legislature, Session 124, LD 0679
Committee: Judiciary
Sponsors: HASTINGS, DILL, BLISS, RAYE, ROSEN, SMITH, PRIEST
Amends: 1 MRSA §409

Legislative Document 
No. 679 
S.P.254 
In Senate, February 24, 2009 
An Act To Allow a Court To Award Attorney's Fees in Successful 
Freedom of Access Appeals 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator HASTINGS of Oxford. 
Cosponsored by Representative DILL of Cape Elizabeth and 
·9t8(J~ 
JOY J. O'BRIEN 
Secretary ofthe Senate 
Senators: BLISS of Cumberland, RAYE of Washington, ROSEN of Hancock, SMITH of 
Piscataquis, Representative: PRIEST of Brunswick. 
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}~,{i ':\{';:,\;;·~~lS,;~:c. 1. 1 MRSA §409, as amended. by PL 2007, c. 695, Pt. C, § 1, is further 
'3' ~' " , ,,' amended to read: 
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§409. Appeals 
1. R.ecords. Ifany body or agency or official.,.wl:l:e that has custody or control of any 
public record, shall refuse refuses permission to 56 inspect or copy or abstract a public 
record, thisdenial5hall must be made by the body or agency or'official in writing, stating 
the reason for the denial, within 5 working days of the request for inspection by' any 
person. Any person aggrieved by ~ denial may appeal therefrom, within 5 worldng'days 
of the receipt of the written notice of the denial;: to any Superior Court within the State. If 
a court, after a .trial de novo, determines ffi:l6h the denial was not for just and proper cause, 
it shall enter an order for disclosure and may award the party bringing the appeal 
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reasonable attorney's fees and expenses incurred in connection with the appeal. Appeals 
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shall be are privileged in respect to their assignment for trial over all other actions except 
writs of habeas corpus and actions brought by the State-against individuals. 
2. 
. Actions. If any body or agency approves any ordinances, orders, rules, 
resolutions, regulations; contracts, appointments or other official aetiefl: actions in an 
executive session, this action is illegal and the officials responsible are subject to the 
penalties hereinafter provided. Upon learning of any such action, any person may appeal 
to any Superior Court in the State. If a court, after a trial de novo, determines this action 
was taken illegally. in an executive session, it shall enter an order providing for the action 
to be null and void and may award the party bringing the appeal reasonable attorney's 
fees and expenses incurred in connection with the' appeal. Appeals are privileged in 
respect to their assignment for trial over all other actions except writs of habeas corpus or 
actions brought by the State against individuals. 
3. Proceedings not exclusive. The proceedings authorized by this section shall are 
riot be exclusive of any other civil remedy provided by law. 
SUMMARY 
This bill allows a court to award a party that brings a successful appeal in a case 
involving the laws governing freedom of access reasonable attorney's fees and expenses 
incurred in connection with the appeal. 
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