Jeffers v. Clinton

776 F. Supp. 465, 1991 U.S. Dist. LEXIS 15430, 1991 WL 215458
District Court, E.D. Arkansas·Decided October 24, 1991·No. H-C-89-004·Published·Cited by 4 cases

Opinions

ARNOLD, Circuit Judge.

We have before us plaintiffs’ final motion for attorneys’ fees and expenses. Over two years ago the plaintiffs filed this lawsuit challenging the apportionment of the General Assembly of Arkansas. They argued that the redrawing of legislative districts after the 1980 census violated the Voting Rights Act, 42 U.S.C. § 1973 et seq., and the Fourteenth and Fifteenth Amendments. After a twelve-day trial, the Court found that the plaintiffs had proved that the 1981 reapportionment decreased the opportunity for meaningful minority participation in state politics. Jeffers v. Clinton, 730 F.Supp. 196 (E.D.Ark.1989). We enjoined the State from holding elections under the discriminatory apportionment, and ordered it to submit a new plan. It did so, and with modifications suggested by the plaintiffs, this Court approved the new plan in time for the 1990 elections. 756 F.Supp. 1195 (E.D.Ark.1990). In due course, we filed another opinion on the plaintiffs’ constitutional claims. Rejecting the bulk of the plaintiffs’ contentions that the State acted with discriminatory intent, we agreed that the enactment of general-election runoff statutes for municipal offices violated the Fifteenth Amendment. 740 F.Supp. 585 (E.D.Ark.1990). The State appealed that decision, as well as our earlier holding that the 1981 apportionment violated the Voting Rights Act, to the Supreme Court of the United States. On January 7, 1991, the Supreme Court summarily affirmed our decision on the plaintiffs’ voting-rights claim. — U.S. -, 111 S.Ct. 662, 112 L.Ed.2d 656 (1991). Several months later, the State withdrew its appeal on the constitutional claim. — U.S. -, 111 S.Ct. 1096, 112 L.Ed.2d 1200 (1991). Those decisions concluded the merits of the case.

The plaintiffs’ victory has brought this request for reasonable attorneys’ fees and other expenses of the lawsuit. The plaintiffs have asked for a total of $758,352 (after rounding individual requests to the nearest dollar) in fees for the eleven lawyers and seven paralegals who worked on the case. They have also asked that we double that amount to reflect the contingent nature of the case. In addition, the plaintiffs have asked for $166,8311 in other expenses. The particulars of their request are set out in Appendix A.

The State objects. It argues that most of the hourly rates requested by the plaintiffs are too high by Arkansas standards, that the plaintiffs’ lawyers spent too much time on the case, that there is no need to enhance the attorneys’ fee, and that many [469] of the expenses plaintiffs claim are unreasonable or poorly documented. The State, however, has not opposed all of the plaintiffs’ request. On two occasions, we have, on the plaintiffs’ motions, ordered the State to pay undisputed amounts of the plaintiffs’ request. The State has done so. Our final award will be decreased by those amounts, totalling $231,969.

In the main, we believe that plaintiffs’ requests are reasonable. Their petition is thorough and well documented. We award attorneys’ fees at rates ranging from $175 an hour for Ms. Hair and Mr. Hollings-worth, who jointly captained this case, to $90 an hour for Mr. Glover. With some adjustments, we award fees for the bulk of the time claimed by plaintiffs. The total fee award is $962,432. This figure represents a lodestar fee of $653,687 enhanced by a contingency multiplier of 50 per cent. Finally, again with reductions, this time substantial ones, we award various expenses of the litigation. The total expense award is $72,060. The details of our award of both attorneys’ fees and expenses can be found in Appendix B to this opinion. We reason to these conclusions as follows.

I.

Setting hourly rates for plaintiffs’ lawyers and paralegals is our first task. The plaintiffs request a spectrum of rates for their lawyers, ranging from $195 an hour for co-lead counsel Hollingsworth to $90 an hour for attorney Glover. The plaintiffs support their request with numerous affidavits, attesting to the reasonableness of these hourly rates. The State, relying primarily on the fee order in Smith v. Clinton, No. LR-C-88-29 (E.D.Ark. July 26, 1990), urges us to cap the lawyers’ fees at $130 an hour, and work down from there based on experience. The plaintiffs request between $60 and $40 for their paralegals. Again, relying on Smith, the State argues that $30 or $35 an hour is the going local rate, and therefore the reasonable rate.

The first legal question is whether all the out-of-town lawyers associated with the Legal Defense Fund should be held to local hourly rates. “[T]he prevailing market rates in the relevant communityf ]” are presumptively reasonable, Blum v. Stenson, 465 U.S. 886, 895,104 S.Ct. 1541,1547, 79 L.Ed.2d 891 (1984). Smith, supra, holds that Little Rock, Arkansas is the relevant community for a voting-rights case such as this. The guiding principle here is the availability of qualified and willing local counsel. If it is reasonable for civil-rights plaintiffs to look beyond Arkansas to find such lawyers, then the Court may look beyond Arkansas in setting a reasonable hourly rate for their services. Avalon Cinema Corp. v. Thompson, 689 F.2d 137 (8th Cir.1982) (en banc). We do not read Avalon Cinema, however, to determine conclusively that no prospective civil-rights plaintiff will ever need to seek a lawyer who is not an Arkansan. Avalon Cinema requires, rather, a case-by-case determination of the need for outside counsel. 689 F.2d at 140-41. This mammoth case could not have been undertaken without the Legal Defense Fund’s lawyers and resources. Indeed, it was not launched until local counsel could be certain of that partnership. See, e.g., O. Neal Supplemental Statement at ¶¶ 9, 10; P. Hollingsworth Supplemental Statement at 114. The expertise, energy, and resources to challenge numerous legislative districts, covering approximately one-third of Arkansas, are simply not currently available in this State. We conclude, accordingly, that it is reasonable to pay at least some of plaintiffs’ out-of-town lawyers at out-of-town rates.

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Jeffers v. Clinton, 776 F. Supp. 465, 1991 U.S. Dist. LEXIS 15430, 1991 WL 215458 (E.D. Ark. 1991).

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