Judges Press State on Redacted Fee Records and Active Supervision

Sep 16, 2026

Panel questioned how a trial court can satisfy active‑supervision duties when fee records are blacked out; the state said only 66 of 25,000 entries were fully redacted and that their value was roughly $20,000, but the panel probed whether redaction practices require deeper review.

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A judge raised concerns about the ability of a trial court to perform active supervision over fee awards when many time entries are redacted. "If a litigant submits a declaration and says, I was generally working on the merits of the litigation... and they're all blacked out, can the trial court award those fees?" the judge asked. The question centered on whether courts must demand more detailed disclosure or conduct in‑camera review.

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