1     
ATTORNEY FEES REVISIONS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brady Brammer

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the reimbursement of certain attorney fees and
10     court costs.
11     Highlighted Provisions:
12          This bill:
13          ▸     prohibits certain state officers or employees from recovering attorney fees and court
14     costs;
15          ▸     limits the recovery of certain attorney fees and court costs incurred in an action to
16     recover attorney fees and court costs;
17          ▸     requires a state officer or employee to submit a claim for reimbursement of attorney
18     fees and court costs within a specified time;
19          ▸     establishes a procedure for:
20               •     a state officer or employee to submit a claim for reimbursement of attorney fees
21     and court costs to a public entity; and
22               •     a public entity to respond to a state officer's or employee's claim for
23     reimbursement;
24          ▸     requires a state officer or employee to bring an action against a public entity to
25     recover attorney fees within a specified time; and
26          ▸     makes technical changes.
27     Money Appropriated in this Bill:
28          None
29     Other Special Clauses:
30          None
31     Utah Code Sections Affected:
32     AMENDS:
33          52-6-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
34          52-6-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 52-6-201 is amended to read:
38          52-6-201. Indictment or information against officer or employee --
39     Reimbursement of attorney fees and court costs incurred in defense -- Exceptions.
40          (1) (a) [If] Except as provided in Subsection (2), if a state grand jury indicts, or if an
41     information is filed against, an officer or employee, in connection with or arising out of any act
42     or omission of that officer or employee during the performance of the officer or employee's
43     duties[,] or within the scope of the [officer] officer's or employee's employment, [or under
44     color of the officer or employee's authority, and that] and the indictment or information is
45     quashed or dismissed or results in a judgment of acquittal, [unless the indictment or
46     information is quashed or dismissed upon application or motion of the prosecuting attorney,
47     that] the officer or employee [shall be entitled to recover] may, in accordance with Section
48     52-6-202, submit a claim to the public entity for reimbursement of the officer or employee's
49     reasonable attorney fees and court costs necessarily incurred in the defense of [that] the
50     indictment or information [from the public entity, unless the officer or employee is found guilty
51     of substantially the same misconduct that formed the basis for the indictment or information].
52          [(2)] (b) [If] Except as provided in Subsection (2), if the officer or employee is
53     acquitted of [some of the charges or counts, or portions] a portion of the indictment or
54     information, or a portion of the indictment or information [are] is quashed or dismissed, [that]
55     the officer or employee [shall be entitled to recover from the public entity] may, in accordance
56     with Section 52-6-202, submit a claim to the public entity for reimbursement of the officer or
57     employee's reasonable attorney fees and court costs necessarily incurred in the defense of
58     [those charges, counts, or portions] the portion of the indictment or information that [were] is
59     quashed, dismissed, or [resulted] results in a judgment of acquittal[, unless the misconduct
60     covered by those charges, counts, or portions of the indictment or information that were
61     quashed, dismissed, or resulted in a judgment of acquittal is substantially the same misconduct
62     that formed the basis for charges, counts, or portions of the indictment or information of which
63     the officer or employee was found guilty].
64          (2) An officer or employee may not recover attorney fees or court costs under this
65     section if:
66          (a) the indictment or information, or portion of the indictment or information, is
67     quashed or dismissed upon application or motion of the prosecuting attorney;
68          (b) the officer or employee is found guilty of substantially the same misconduct that
69     formed the basis for the indictment or information, or portion of the indictment or information,
70     that is quashed, dismissed, or results in a judgment of acquittal; or
71          (c) the officer or employee:
72          (i) is dismissed from employment by the public entity for substantially the same
73     misconduct that formed the basis for the indictment or information, or portion of the indictment
74     or information; and
75          (ii) (A) does not appeal the public entity's decision; or
76          (B) appeals the public entity's decision and the decision is upheld in accordance with
77     the public entity's grievance and appeals procedures.
78          (3) An officer or employee who [recovers] is entitled to recover attorney fees and court
79     costs under this section [shall also be] is also entitled to recover reasonable attorney fees and
80     costs necessarily incurred by the officer or employee in recovering the attorney fees and costs
81     allowed under this section[, including attorney fees and costs incurred on appeal.] if:
82          (a) the officer or employee complies with Section 52-6-202; and
83          (b) the court determines that the public entity acted in bad faith.
84          [(4) Notwithstanding any other provision of this section, an officer or employee may
85     not recover for the costs incurred in defense of any charge, count, or portion of the indictment
86     or information that is quashed or dismissed upon application or motion of the prosecuting
87     attorney.]
88          Section 2. Section 52-6-202 is amended to read:
89          52-6-202. Claim for reimbursement of attorney fees and court costs -- Procedural
90     requirements.
91          [(1) A request for reimbursement of attorney fees and court costs shall be filed in the
92     manner provided in Sections 63G-7-902 and 63G-7-903.]
93          (1) (a) To recover attorney fees and court costs from a public entity under Section
94     52-6-201, an officer or employee shall submit a written claim for reimbursement to the public
95     entity no later than 30 days after the day on which the indictment or information, or portion of
96     the indictment or information, is quashed, dismissed, or results in a judgment of acquittal.
97          (b) Except as otherwise provided in this section, the officer or employee's claim for
98     reimbursement shall comply with the requirements of Rule 73, Utah Rules of Civil Procedure,
99     Attorney fees.
100          (2) (a) Within 30 days after the day on which a public entity receives a written claim
101     for reimbursement under Subsection (1), the public entity shall notify the officer or employee
102     in writing that:
103          (i) the public entity will:
104          (A) pay the claim in full;
105          (B) adjust the claim; or
106          (C) deny the claim; or
107          (ii) additional information is needed to make a decision regarding the officer or
108     employee's claim, including a description of the additional information.
109          (b) (i) If a public entity requests additional information in accordance with Subsection
110     (2)(a)(ii), the officer or employee shall submit a response in writing within 30 days after the
111     day on which the officer or employee receives the request.
112          (ii) Within 30 days after the day on which the public entity receives the officer or
113     employee's response under Subsection (2)(b)(i), the public entity shall notify the officer or
114     employee in writing that the public entity will:
115          (A) pay the claim in full;
116          (B) adjust the claim; or
117          (C) deny the claim.
118          (c) If a public entity decides to adjust or deny a claim for reimbursement under this
119     section, the public entity shall inform the officer or employee in writing of the basis for the
120     public entity's decision to adjust or deny the claim.
121          (3) An officer or employee who complies with the requirements of Subsections (1) and
122     (2) may bring an action to recover attorney fees and court costs no later than 90 days after the
123     day on which the public entity:
124          (a) notifies the officer or employee in writing of the public entity's decision to adjust or
125     deny a claim for reimbursement in accordance with this section; or
126          (b) fails to comply with the requirements of this section.
127          [(2)] (4) (a) Any reimbursement of attorney fees and court costs filed on behalf of an
128     officer or employee of the state shall be paid from funds appropriated to the department or
129     division that employed the officer or employee at the time of the act or omission that gave rise
130     to the indictment or information.
131          (b) If those funds are unavailable, the reimbursement shall be paid from the General
132     Fund upon approval by the Board of Examiners and legislative appropriation.