Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Attorney Fees topic
No spam. Unsubscribe anytime.
House passes HB 85 to allow narrow attorney‑fee awards in suits against government actors
Summary
The Utah House passed House Bill 85, a narrowly drawn change to allow courts to award reasonable attorney’s fees in certain suits that vindicate broadly held constitutional rights against government actors; supporters said it encourages Utah courts to develop state constitutional law, while opponents warned it could spur litigation.
SALT LAKE CITY — The Utah House of Representatives on Feb. 24 passed House Bill 85, a measure that would permit courts to award reasonable attorney’s fees and costs to a prevailing party in certain lawsuits against government actors that vindicate a constitutionally protected right of broad public importance. Representative Green, the bill sponsor, framed the proposal as a narrowly crafted way to encourage litigation over Utah law to proceed in state court rather than federal court.
"This is a very narrowly crafted provision," Representative Green told the chamber, saying the text was developed with input from the Attorney General's Office and modeled in part on the federal statute in 42 U.S.C. §1983. He said the change is meant to allow Utah courts to define state constitutional law and argued it could reduce costs for the state by keeping cases in state courts.
Supporters said the bill would lead to fuller development of Utah constitutional jurisprudence. Representative Tanner said recent cases showed the scarcity of Utah precedent on certain topics and that fee awards are one way to ensure such claims are litigated in state court. "If we want to see what our Utah constitution means, it's going to take a measure something like the one that's proposed here," Tanner said.
Opponents warned of unintended consequences. Representative McKell and others said lowering barriers to fee awards could encourage more litigation and reduce settlement pressure. Representative King argued the existing 10% prejudgment interest (separately discussed later) helps induce settlements and that changes could have downstream effects on case resolution.
The sponsor and supporters emphasized the measure is not a new cause of action and is tailored to claims that transcend an individual plaintiff's private interest. Representative Green said the fiscal note was modest and that the change could save the state money if fewer cases are litigated in federal court.
After debate, the House voted to pass the first substitute of HB 85; the reading clerk recorded the final tally as 72 yea, 0 nay. The bill will be transmitted to the Senate for further consideration.
Next steps: HB 85 is referred to the Utah Senate for consideration of the House amendments and further action.
