BoE Sponsors Another Terrible Bill
Over my objections, the BoE voted 3-2 to sponsor a bill that would make it extremely difficult, if not impossible, for non-wealthy taxpayers to sue the government. The back story to this is the BoE recently lost a case in Superior Court. The judge awarded attorney’s fees to the plaintiffs because the Board’s position was so unreasonable the judge ruled the case involved the enforcement of an important right affecting the public interest. The judge ruled the BoE must pay the plaintiff 1.5 times a reasonable fee, which he found in this case is more than $600,000. Before it got to this point I repeatedly argued we needed to settle the case, but the Board’s Democratic majority would only listen to the flawed legal advice we were getting from our legal department.
On Tuesday, the same lawyers who previously insisted we fight this case brought before the Board a bill idea to eliminate the current system for recovering costs and replace it with an exclusive standard that raises the bar so high for fee recovery that it will preclude non-wealthy taxpayers from bringing actions against the Board. Attorneys will not be willing to take a case for a regular taxpayer… Read More