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State asks court to reverse sanction ordering district attorney's office to pay attorney fees after late disclosure
Summary
In oral argument, the state urged the court to reverse a trial-court order that required the district attorney's office to pay $500 in attorney fees and costs for ballistics testing after late disclosure of bullets, arguing sovereign immunity bars monetary sanctions against the DA's office absent explicit legislative waiver.
The state asked the court to reverse a trial-court sanction that directed a district attorney's office to pay defense counsel's fees and costs after late disclosure of bullets during a road-rage criminal trial.
"The trial court erred when it ordered the district attorney's office to pay attorney's fees because the district attorney's office is immune from all monetary sanctions, fines, and fees under the doctrine of sovereign immunity," Catherine Redding, counsel for the state, told the panel. Redding acknowledged the prosecutor did not disclose the bullets before trial but argued there is no statutory waiver authorizing the court to compel payment by the state treasury.
The underlying criminal case involved two counts…
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