Download this document in MS Word format


AutoFill Template

S.45

AN ACT RELATING TO ATTORNEY’S FEES FOR PARTIES PREVAILING IN LITIGATION SEEKING PRODUCTION OF A PUBLIC RECORD

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  1 V.S.A. § 319(d) is amended to read:

(d)(1)  The court may assess against the public agency reasonable attorney attorney’s fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed.  In determining whether attorney’s fees and litigation costs are to be assessed against a public agency, the court shall consider, among other relevant factors, whether the public agency has a reasonable basis for withholding the public record.

(2)  The court shall assess against the public agency reasonable attorney’s fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed, and the court determines that the public agency knowingly or unreasonably withheld a public record in order to cause undue delay to the person requesting the public record.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us