S. HRG. 99-568

LEGAL FEES EQUITY ACT

HEARINGS

BEFORE THE

SUBCOMMITTEE ON THE CONSTITUTION

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

NINETY-NINTH CONGRESS

FIRST SESSION

ON

S. 1580, S. 1794, and S. 1795

56-285 O

OCTOBER 8 AND 29, 1985

Serial No. J-99-64

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON: 1986

For sale by the Superintendent of Documents, Congressional Sales Office
U.S. Government Printing Office, Washington, DC 20402

CONTENTS

OPENING STATEMENTS

Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah, chairman,

Subcommittee on the Constitution

Simon, Hon. Paul, a U.S. Senator from the State of Illinois.

Grassley, Hon. Charles E., a U.S. Senator from the State of Iowa.

Thurmond, Hon. Strom, a U.S. Senator from the State of South Carolina,

chairman, Committee on the Judiciary....

Page

1, 173

18

18, 210

118, 174

PROPOSED LEGISLATION

S. 1580-Legal Fees Equity Act

S. 1794-To amend Revised Statutes section 722 (42 U.S.C. 1988) to exempt

State judges and judicial officers from assessment of attorneys' fees in cases

in which such judge or judicial officer would be immune from actions for

damages arising out of the same act or omission about which compliant is

made

S. 1795-To provide that in judicial actions against State judges, such judges

shall not be held liable for attorney fees..........

CHRONOLOGICAL LIST OF WITNESSES

TUESDAY, OCTOBER 8, 1985

Jensen, D. Lowell, Deputy Attorney General, Office of the U.S. Attorney
General, Department of Justice, Washington, DC.....

Bellotti, Francis X., National Association of Attorneys General, Boston, MA;
and Hon. Jim Jones, National Association of Attorneys General, Boise, ID....
Slaiman, Gary D., American Bar Association, Washington, DC; and Richard
P. Fajardo, Mexican American Legal Defense and Educational Fund, Wash-
ington, DC......

TUESDAY, OCTOBER 29, 1985

Peterson, Hon. Edwin, chief justice, State of Oregon; and Hon. S. Hugh Dillin,

U.S. district judge, Southern District of Indiana....

Witt, John W., president, National Institute of Municipal Law Officers and

city attorney of San Diego, CA, accompanied by Charles S. Rhyne, general

counsel; and Larry Swift, executive director of the Washington State School

Directors Association, representing the National School Boards Association.

Sunderland, Philip, G., Terris & Sunderland Associates; James E. Ferguson II,

Ferguson, Watt, Wallas & Atkins; and E. Richard Larson, American Civil

Liberties Union.....

ALPHABETICAL LISTING AND MATERIALS SUBMITTED

Bellotti, Francis X.:

Testimony

Prepared statement

Dillin, Hon. S. Hugh:

Testimony

Prepared statement

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45

120

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(III)