Hickel v. Southeast Conference

868 P.2d 919, 1994 WL 47142
CourtAlaska Supreme Court
DecidedFebruary 18, 1994
DocketS-5553, S-5573, S-5093 and S-5154
StatusPublished
Cited by22 cases

This text of 868 P.2d 919 (Hickel v. Southeast Conference) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hickel v. Southeast Conference, 868 P.2d 919, 1994 WL 47142 (Ala. 1994).

Opinions

[922]*922 OPINION

COMPTON, Justice.

This case involves the award of attorney’s fees (fees) and costs to the plaintiffs in the Hickel reapportionment case. Hickel v. Southeast Conference, 846 P.2d 38 (Alaska 1992) {Hickel I). The State contends that the superior court erred by (1) failing to apportion awards by issue, (2) awarding fees for post-trial litigation in which plaintiffs did not prevail, (3) determining that the Alaska Democratic Party was a prevailing party, and (4) awarding fees for noncompensable work before the United States Department of Justice (DOJ). On cross-appeal, the plaintiffs argue that the superior court erred in limiting reimbursement of plaintiffs’ expert witness costs. Pursuant to an order of this court, this ease also involves the initial determination of plaintiffs’ pending motions for an award of attorney’s fees and costs related to the review proceedings before this court in Hickel I.

I. FACTUAL & PROCEDURAL BACKGROUND

In September 1991 several parties filed suits in superior court challenging the state legislative redistricting plan promulgated by Governor Walter J. Hickel.1 Pre-trial preparation of the case proceeded during the fall and winter of 1991 while the DOJ reviewed the plan under section 5 of the Voting Rights Act.2 Following a sixteen-day trial, the superior court held that the plan was invalid because it violated the Alaska Constitution.

After granting the State’s Petition for Review, we affirmed the superior court’s holding that the plan violated the Alaska Constitution.3 Hickel I, 846 P.2d at 57. We remanded the case to the superior court with instructions to (1) develop an interim redis-trieting plan for use in the 1992 elections, and (2) remand the plan to the Reapportionment Board to develop a new permanent plan. Id. With full participation by all the parties, the superior court appointed three masters to draft an interim plan. During the course of the superior court’s proceedings in developing specific instructions to guide the masters, the State filed an emergency motion for clarification regarding House District 26, which was denied. The State also filed an additional Petition for Review, on which it prevailed.4 After the superior court issued its interim redistricting plan, the State filed another Petition for Review, on which the State partially prevailed. Hickel I, 846 P.2d at 108 app. G.

After final action on the interim redistricting plan, each of the five plaintiffs petitioned the superior court for an award of fees pursuant to Civil Rule 82. Based on the standard set forth by this court for public interest litigants, Hunsicker v. Thompson, 717 P.2d 358 (Alaska 1986), each plaintiff sought full, reasonable fees. Although the State did not contest plaintiffs’ public interest status, the State objected to (1) the amount plaintiffs requested, (2) the designation of the Alaska Democratic Party as a prevailing party, (3) the request for fees for any post-trial proceedings, (4) the request for full fees when plaintiffs did not prevail on several issues, (5) the request for fees and costs for time and material used in the administrative proceeding before the DOJ, (6) the request for costs for expert preparation time, and (7) the request for various fees and costs that were allegedly unreasonable.

The superior court found that since all plaintiffs had prevailed “on the main issue in the case,” they were entitled to full reason[923]*923able fees under Civil Rule 82. The court rejected the State’s argument that fees should not be awarded for work on specific issues on which plaintiffs did not prevail. The court also held that plaintiffs were entitled to fees and costs for work performed in the remedy phase of the ease. Nevertheless, the court did not award all the fees requested by plaintiffs. The court denied (1) an award of costs for expert witness preparation fees, (2) some paralegal costs claimed by plaintiffs, (3) plaintiffs’ billing of more than sixteen hours per day, and (4) some portion of plaintiffs’ travel time.

The superior court awarded plaintiffs a total of $966,567.33.5 This appeal followed, and the matter was consolidated with plaintiffs’ petition for fees and costs related to the appellate proceedings before this case.

II. DISCUSSION

A. APPORTIONMENT OF ATTORNEY’S FEE AWARDS BY ISSUE.

Pursuant to statute, the Alaska Supreme Court has the authority to “determine by rule or order the costs, if any, that may be allowed a prevailing party in a civil action.” AS 09.60.010. While Alaska Civil Rule 82 has been construed as providing only for partial fees, this court has used its authority to create an exception for public interest litigants. “A prevailing public interest plaintiff is normally entitled to full reasonable attorney’s fees.” Hunsicker v. Thompson, 717 P.2d 358, 359 (Alaska 1986); see also Anchorage Daily News v. Anchorage Sch. Disk, 803 P.2d 402, 404 (Alaska 1990) (prevailing public interest litigant entitled to “full amount of its attorney’s fees, to the extent that they are otherwise reasonable”). Since the State has conceded that plaintiffs meet the public interest standard in this case, plaintiffs are eligible for full fees provided they are reasonable.

While the State does not dispute this general rule, it argues that fees should only be awarded for those specific issues on which plaintiffs prevailed. The State notes that AS 09.60.010 only allows the award of fees to prevailing parties. Because of this, the State concludes that “full fees should not be awarded to any litigant who has raised unrelated claims on which he or she did not prevail or who has achieved only partial relief on related claims.” The State urges this court to adopt the approach of the United States Supreme Court in Hensley v. Eckerhart, 461 U.S. 424, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983), and to apportion fees by severable issue or degree of relief awarded. The State suggests that the issue presented here is one of first impression: “Should public interest litigants who only partially prevail be award- • ed full fees?”

In response, plaintiffs argue that the law regarding awards of attorney’s fees in public interest cases is clear: prevailing public interest litigants are entitled to full reasonable fees. Plaintiffs note that numerous decisions by this court hold that a party is prevailing if successful on the main issue in contention, even if the party did not prevail on all issues. Therefore, apportionment of fees by issue is inconsistent with the approach taken by this court to fee awards. Even if this court adopts the approach of Hensley, plaintiffs argue, the issues involved are related and thus not severable.

Although awards of attorney’s fees are ordinarily reviewed under the abuse of discretion standard, the question of whether the superior court erred in awarding fees based on issues that plaintiffs lost is a question of law. Accordingly, this court will apply its independent judgment, and will adopt the rule of law most persuasive in light of precedent, reason and policy. CTA Architects of Alaska, Inc. v.

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Bluebook (online)
868 P.2d 919, 1994 WL 47142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hickel-v-southeast-conference-alaska-1994.