Provide for calculation of attorney fees against government entity
Summary
HB 701 would change how attorney fees are calculated when they are assessed against the state, a political subdivision, or a state or local agency. Under the bill, those fees could not exceed the hourly salary rate paid to the Montana attorney general, multiplied by the number of attorney hours devoted to the case. The measure applies to fees awarded by law or by court order and is intended to be incorporated into Title 25, chapter 10, part 7 of Montana law.
The bill would create a statewide cap tied to the attorney general’s hourly salary rate for litigation costs imposed on government defendants. In practical terms, it would limit the amount of attorney fees recoverable from public entities in covered cases, potentially reducing exposure for state and local governments and affecting plaintiffs, attorneys, and other parties seeking fee awards in actions against government bodies. The bill would take effect immediately upon passage and approval.
Impact
HB 701 would amend the rules governing attorney-fee awards against government entities by imposing a specific ceiling based on the attorney general’s hourly salary rate under 2-16-405. It would affect fee calculations in civil actions involving the state, political subdivisions, and their agencies, and would be codified as part of Title 25, chapter 10, part 7. The practical effect is to limit recoverable attorney fees in qualifying cases and to standardize the calculation method across government defendants.
Sentiment
The bill appears to have had limited support in the legislative process. Its only recorded vote was in the House Judiciary Committee on a motion to table, which passed 19-1, indicating strong committee sentiment against advancing the measure. The bill ultimately died in process, and there is no recorded committee testimony in the provided materials to suggest organized support or opposition beyond the vote outcome.
Contention
The main point of contention is the bill’s proposed cap on attorney fees recoverable from government entities. Supporters would likely view the measure as a way to control public litigation costs and protect taxpayer-funded entities, while opponents would likely argue that the cap could discourage meritorious claims, reduce access to counsel, or unfairly limit fee recovery in cases against the government. The decisive committee vote to table the bill suggests that most members were not persuaded by the proposal.