BREAKING, THE HITS KEEP COMING: In TWO New Decisions, State Gets Hit With Attorneys' Fees Judgments For Legislature's Budget Log-Rolling (READ Stip, Minute Entry)

Trying to defend the Legislature's Olympian budget log-rolling performance of 2021 caused two new attorneys' fees awards this week. That is, the state must pay more than $177,000 to the City of Phoenix for its attorneys' fees and $67,500 to the Arizona School Boards Association for their fees.

The new awards are in addition to a $104,000 judgment entered in December to the ASBA (for the trial court fees) and possible future awards after the State appealed the City of Phoenix ruling.

Of course, those two cases also resulted in several of the Legislature's budget reconciliation bills being struck down as unconstitutional for rolling in too many unrelated measures (in order to pass a budget).

Today, Superior Court Judge John Hannah awarded $177,819.75 in fees, noting that the state did not dispute that Phoenix's firm (Perkins Coie) was entitled to a fee award. Arizona's Law previously reported that the Attorney General's Office instead tried to knock the award down to $105,000. Hannah was not impressed with their arguments. 

"The defendant’s comparisons between this case and others are not very helpful, even though they involve the same law firm. The Court simply does not have enough information about those other cases to draw valid conclusions. The Court does note that in the case the defendants refer to as “ABOR II,” in which the Court of Appeals cut the fee request on appeal by $30,000, the appellate court affirmed a separate trial court fee award of $979,758. That award makes the request here look quite modest.

The defendant’s “block billing” objections are likewise not well taken."

AG Brnovich's office has appealed the underlying decision striking down the Legislature's BRB, and his opening brief is due on February 28. (He appealed AFTER the Arizona Supreme Court had struck down other BRBs in the ASBA case.)

In that ASBA case, Superior Court Judge Katherine Cooper has already entered a $104,298.11 judgment against the state for fees. Today, the Arizona Supreme Court accepted a stipulation between the AG and the ASBA that the state would pay $67,500.00 to reimburse the ASBA's attorneys' fees (Coppersmith Brockelman) for the appeal.

$350,000.00. Not counting the many hours of time spent by the Attorney General's Office. And, not counting the likely fees for the state's 2nd appeal.

This article was reported by AZ Law founder Paul Weich. Paul is currently running for a seat in Arizona's House of Representatives.

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