These are classic discussions published back in January 2009
Attorney Fee Awards
I have fielded a few nervous calls about my SB 53 Awarding of Attorneys Fees. I’ll explain the bill.
Typically, jurisdictions in the US, including Utah, require that each side to litigation pay its own attorney fees (a.k.a. the “American Rule”). (This contrasts with the “English Rule” – where the loser typically pays). The big exceptions to that rule are (1) when some agreement of the parties (e.g., a contract) specifies that the loser should pay the other side’s legal fees in the event of a lawsuit, (2) when one of the parties acts in bad faith (brings a ridiculous lawsuit or acts irresponsibly in prosecuting a lawsuit), and (3) when a statute specifies that attorney fees can be awarded (e.g., this one).
Sometimes – without contract, bad faith, or statutory authorization – courts determine that a loser should pay, because, in the court’s opinion, the lawsuit was brought in the public interest (a common-law private attorney general theory).
The... (read more)
The Amazing Scotty Riding
Scotty Riding makes is easy to know who your Senator/Representative is.
This is a direct reflection on the training he received as my intern, and has NOTHING to do with any parenting (sorry, Ann), teaching, past experiences, etc. that he might have received.
Way to go, Scotty!
Please Don’t Pass the Pork
Utah – and 49 other states – are grappling to match expenditures with revenues. (For the federal types, that’s a financial principle called “balancing a budget”). It is frustrating to watch the feds ladle the pork. Their efforts won’t stimulate the economy. Congress is simply piling debt on future generations, courting inflation, and pushing favors to friends. (And, as a side note, it’s tough to be too impressed with the Republicans’ new-found religion on this score, since it was only 4 months ago that they were gaga for government bailouts.)
I’m running a transportation funding bill that might be a starting point in deterring some of the fed’s pork-barrel practices. The feds collect gas tax money and send it back out to the States on a formula basis. In other words, a state will receive $X for transportation projects. But, to build patronage, congressional-types earmark many of those funds, so that they can... (read more)
Legislative Orientation
As a new Senator, I attended legislative orientation yesterday. (I’m pleased to report that the upperclassmen kept the hazing to a minimum). It occurred to me that I have never blogged about the non-partisan status of legislative staff.
Research and bill drafting are handled by the Legislative Office of Research and General Counsel (“LRGC”). Budget issues are handled by the Office of the Legislative Fiscal Analyst (“LFA”). Auditing responsibilities fall to the Legislative Auditor General (“OLAG”).
Republicans and Democrats – House and Senate – share the services of those offices. Staff is non-partisan, and extremely disciplined about honoring that status. I’ve worked closely with staff for 8 years, and I could only guess at their political leanings. Thus, the research and counsel they give us are dedicated to (1) accuracy and (2) maintaining the integrity of the Legislature.
Removing the temptation of partisanship from staff creates a wonderful system for the production of good information (and... (read more)
Newspapers and Informed Citizens
Newspapers are on a downhill slide. The reasons for that are many, but I think poor reporting must be one. Witness this article from today’s Tribune.
To set up a vague description of transparency efforts that Salt Lake City is contemplating, the article superficially contrasts Salt Lake’s (good) plans to the Legislature’s (bad) conduct. The article suggests that the Legislature, in contrast to Salt Lake’s possible actions, is not open, inclusive, responsive or accountable.
Okay. So, what are Mayor Becker’s plans? Well, basically, to be as open, inclusive, responsive and accountable as the Legislature is currently. (Compare Mayor Becker’s plan, as it is somewhat described in the article, to the actual contents of the Legislature’s website. Pick a topic on the Legislature’s site and drill down a few layers into the information that is available – committee and floor debates, history, briefing papers, votes, etc.).
The Tribune’s repeated portrayal of the Legislature, regarding openness, inclusiveness, responsiveness and accountability, doesn’t wholly mesh with fact... (read more)
The Old Ba’ Game