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Committee hears bill to narrow attorney-fee awards in writs seeking veto-override polls
Summary
Sen. Greg Hertz told the Senate Judiciary Committee SB 38 would limit attorney-fee awards in actions seeking writs of mandamus to compel a veto-override poll by defining when a party "prevails." Opponents argued the bill may improperly legislate judicial determinations and could create jurisdictional problems; sponsors offered to work on clarifying amendments.
Senator Greg Hertz, sponsor, told the Senate Judiciary Committee that Senate Bill 38, requested by the Senate Select Committee on Judicial Oversight and Reform, narrows when courts may award attorney fees in actions that seek a writ of mandamus to compel a veto-override poll. Under the bill’s language as presented, a party would only be eligible for fees if it both prevails in court and the later veto-override poll produces the result that the party requested.
Hertz said the change is intended to clarify the statutory standard for when a party "prevails,"…
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