On February 10, Associate Policy Director Sarah Sample testified before the Judicial Proceedings Committee in support of SB 346 – Civil Actions – Violation of Constitutional Rights (No Kings Act) with amendments.
The bill establishes a path toward granting attorney’s fees in any case asserting a State constitutional claim. In practice, the bill would likely lead to an increase in litigation and costs for the State and local governments and create an unbalanced system that enriches attorneys at the taxpayer’s expense.
A number of states have taken steps in attempting to create a path for plaintiffs to find relief in state court, in the event they have been harmed by an agent or agency of the federal government. This bill appears to be similar in adopting that philosophy but unduly impacts local governments in the process.
Counties take no issue with the central intent, which
appears to be an attempt at creating an avenue for state-level legal accountability for a federal agency or actor within the state court system. With the provisions of SB 346 in place, however, an additional avenue would be inadvertently created, allowing plaintiffs to bring constitutional claims against local governments without the wise and intentional framework and caps set forth in the Local Government Tort Claims Act (LGTCA).
SB 346’s cross-file, HB 332, was heard before the Judiciary Committee on February 18. Sarah Sample testified in support of this bill with amendments.
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