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Montana Judiciary Committee Hears Bill to Cap Private-Attorney-General Fee Awards
Summary
Supporters say HB 701 would limit excessive attorney-fee awards that have fallen on Montana taxpayers; opponents warn a fixed cap tied to the attorney general's rate could shut out specialized counsel and reduce access to justice.
Members of the House Judiciary Committee opened a hearing on House Bill 701 on the bill's effort to limit attorney-fee awards in suits brought under the private-attorney-general doctrine.
Representative Randon Gregg, sponsor of HB 701, said the measure would align fee awards with public-service compensation to prevent out-of-state counsel from billing Montana taxpayers at premium private rates. "House Bill 701 is an important step in the legislature's ongoing effort to ensure fairness and accountability in Montana's judicial system," Gregg said as he described past cases in which fee requests exceeded $600,000 and argued that adjusting awards to the attorney general's 2024 hourly rate would save the state money.
Michael Russell, civil bureau chief at the Montana Department of Justice, testified in support. "It's DOJ's position that HB 701 is an appropriate measure to protect the taxpayers from the recent trend of courts awarding…
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