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Committee approves bill letting dismissed defendants seek attorney fees after prosecutor disqualification
Summary
The committee voted to advance legislation that would let defendants whose cases are dismissed following a prosecutor's disqualification seek reimbursement for reasonable attorney fees and costs; sponsors and opponents debated scope, fiscal impact and standards for 'improper conduct.'
A committee approved legislation that would allow people whose criminal cases are dismissed after a prosecuting attorney is disqualified for misconduct to file for reimbursement of reasonable attorney fees and costs.
Senator Beach, who presented the measure identified in the hearing as Senate Bill 244, told the committee "if a prosecuting attorney is disqualified, for misconduct, prosecutorial or personal misconduct, and then the case is dismissed, then those that were indicted have the opportunity to go back and ask the court for reasonable attorney fees and reasonable cost." He said the provision would let affected defendants present their invoices to a superior court judge for consideration.
The bill drew sustained questioning over whether it would create the appearance of cronyism or unduly burden smaller counties. Representative Panitch asked whether the bill would allow defendants to sue prosecuting attorneys when, for example, a prosecutor is disqualified…
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