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Committee holds hearing on bill allowing defendants fees when prosecutor disqualified for misconduct
Summary
Senate Bill 244 would allow defendants whose cases are dismissed after a prosecutor's disqualification for professional or personal misconduct to seek reasonable attorney fees and costs from the county that originally brought the charges. Sponsor said the bill is rare but necessary to make people whole after serious prosecutorial misconduct; the
Senator Beach presented Senate Bill 244, LC473618S, describing it as a targeted measure to permit an award of reasonable attorney fees and costs against a county when a prosecuting attorney is disqualified for misconduct and the underlying case is dismissed by the court.
"If a prosecuting attorney in a felony or misdemeanor case is disqualified for prosecutorial or personal misconduct and the overall cases dismissed by the courts, those individuals that were indicted are entitled to an award of reasonable attorney fees and cost incurred in defending themselves in the case," Beach said. He told committee members such awards would be rare but appropriate where misconduct and dismissal have occurred.
Committee members asked clarifying questions about the bill's scope. Representative Panish asked what "personal misconduct" meant in practice and referenced a recent high-profile disqualification; Senator Beach said the bill is intended to make defendants whole where prosecutorial misconduct led to dismissal. Representative Roberts asked about the appellate posture of the cited case; the sponsor replied the matter had been dismissed by the Court of Appeals and was pending Supreme Court review.
Several lawmakers raised fiscal concerns about exposing counties to potentially large fee awards. Senator Beach said judges would determine the reasonableness of awards and the statute would apply only when a prosecutor is disqualified and the court dismisses charges; he told members the bill had unanimous passage in the Senate.
The committee did not vote on SB 244; the sponsor requested a hearing-only treatment during the session. Senator Beach said he would return with additional detail; the committee agreed to hold the bill for further consideration.
Ending: The committee held SB 244 as a hearing-only item and deferred action. Lawmakers discussed high-profile prosecutorial disqualification and the potential fiscal consequences for counties if attorneys’ fees were awarded following dismissal for misconduct.
