Legislative Document No. 698 S.P. 211 In Senate, February 11, 2019
An Act To Authorize Maine Courts To Award Attorney's Fees and Costs to Citizens Who Prevail in Civil Litigation against the Executive Branch
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT Secretary of the Senate
Presented by Senator CARSON of Cumberland. Cosponsored by Senators: BELLOWS of Kennebec, CARPENTER of Aroostook, SANBORN, H. of Cumberland, Representatives: BAILEY of Saco, BEEBE-CENTER of Rockland, HYMANSON of York, MAXMIN of Nobleboro, TALBOT ROSS of Portland.
Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 14 MRSA §1501-A is enacted to read: 3 §1501-A. Suit against State prevails
4 When one or more citizens sue the Governor or any agency of the executive branch 5 of this State for the purpose of enforcing state or federal law and the citizen or citizens 6 prevail or substantially prevail on the merits of the case, the citizen or citizens may 7 petition the court for payment by the State for all recoverable costs identified in sections 8 1502-B and 1502-C. If the citizen or citizens demonstrate that the defendant knowingly 9 violated the law, the court shall also award reasonable attorney's fees.
10 SUMMARY 11 This bill clarifies that when one or more citizens sue the Governor or any executive 12 branch agency to enforce federal or state law and the citizen or citizens prevail or 13 substantially prevail, the citizen or citizens may petition the court for the State to pay all 14 costs. If the citizen or citizens demonstrate that the agency or Governor knowingly 15 violated the law, the court is required to also award reasonable attorney's fees.
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