|
Ninth Circuit Court of Appeals Case No. 09-15006
The National Center for Youth Law joined an amicus brief on behalf of Prison Legal News and prepared by Morrison & Foerster, LLP arguing that attorneys should be able to obtain reasonable attorneys’ fees for all phases of work necessary to bring about enforcement of a settlement agreement in a civil rights case. The brief to which NCYL was a signatory addressed issues surrounding provisions for attorneys’ fees in civil rights cases, arguing that awards of attorneys’ fees under a settlement agreement should continue at a level dictated by comparable rates for similarly demanding work throughout relief implementation and enforcement.
The brief argued making attorneys’ fees available through settlement implementation is necessary to retain a skilled attorneys to ensure enforcement, which is crucial to ensure adequate relief to private citizens whose civil rights have been violated. The brief also argued the district court did not abuse its discretion in providing attorneys’ fees at prevailing market rates for lawyers in the Northern District of California, due to the following reasons: providing fees based on rates lawyers of comparable skill doing similarly complex work charge is necessary to provide incentive for attorneys to take civil rights cases; civil rights litigation involving prison system practices is as complex as litigation in areas such as securities and antitrust; and any fee structure that does not account for different attorney skill sets and current prevailing rates will not be accurate. The brief was filed on June 24, 2009.
On December 10, 2009, the Ninth Circuit heard oral arguments regarding whether fees should be ongoing or whether the district court’s jurisdiction over the settlement agreement should be terminated, and on the level of fees appropriate under the circumstances. The Ninth Circuit has yet to issue an opinion.
Nine other organizations signed the brief as well, including Columbia Legal Services, the Florida Justice Institute, the Legal Aid Society, Massachusetts Correctional Legal Services, the National Police Accountability Project, Prisoners’ Legal Services of New York, the Southern Poverty Law Center, the Uptown People’s Law Center, and the Volunteer Lawyers’ Project for the Southern District of Florida.
Counsel: Patricia Arthur, NCYL; George Harris and Sarah Griswold, Morrison and Foerster.
Updated March 30, 2010
|
