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Sponsor seeks to bar courts from awarding attorney fees over legislative process disputes
Summary
House Bill 365 would restrict courts from awarding attorney fees based on how the Legislature conducts internal procedures; proponents said the bill protects the separation of powers, while opponents said it undermines judicial review.
House Bill 365, sponsored by Representative Steve Fitzpatrick, would narrow the circumstances in which courts may award attorney fees tied to claims of bad faith or frivolous actions that relate to legislative procedural choices. Fitzpatrick told the Senate Judiciary Committee the Montana Supreme Court’s interpretation in a recent case (referred to in…
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