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Committee hears bill narrowing when courts can award attorney fees in veto-override cases (SB 38)
Summary
Sen. Greg Hertz presented Senate Bill 38 to clarify when attorney fees can be awarded in actions that seek a writ of mandamus to force a veto override poll; opponents said the measure risks legislating judicial determinations and may raise constitutional questions.
Senator Greg Hertz, Senate District 7, opened testimony for Senate Bill 38 during the Montana Senate Judiciary Committee hearing, saying the bill clarifies when attorney fees may be awarded in litigation tied to veto-override polls.
Hertz told the committee the current statute requires two findings to permit fee awards: an opposing party must have “prevailed” and the court must find the claim or defense was “frivolous or pursued in bad faith.” He said SB 38 would define…
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