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Duffy v. Circuit Court For the Seventh Judicial Circuit2/11/2004
ed fees; no explanation accompanied the reduced fees. Judge Kern had struck at least 50 itemized charges by either crossing out the charge completely or by entering a lower figure. For example, Duffy billed 4 hours and 10 minutes for "preparation for child competency hearing; attended hearing; brief meeting with client after meeting." The hearing, which had been noticed by the State, lasted 2 hours 40 minutes. Judge Kern highlighted the services, crossed out the fee of $282.90 which was based on the charge of $69 an hour for 4.1 hours and wrote in $138 (representing $69 an hour for 2 hours), thus allowing reimbursement for less time than the attorney spent at the hearing and none for preparation and meeting with her client. For the services "phone call from Matt Brown [State Attorney's Office] regarding a plea agreement; phone call to client regarding the same," Duffy billed $34.50 for one-half hour. This item was completely disallowed. Whether the reductions relate to any of the reasonableness factors is not apparent. Disallowing full compensation for a court hearing or for communications with one's own client is questionable since an attorney's professional responsibility would require it. For the fees pertaining to the Wilson files, the judge merely drew a line through the total amount and reduced it.
. Judge Kern's explanation for the reductions in the fees was not based upon the factors nor did the judge explain the reasons for the cuts adequately for any of the files. One of the bills the judge reduced was actually presided over by Judge Tice. Another of the cases was handled by Judge Davis. Judge Tice and Judge Davis would have been in a better position to determine the reasonableness of the fees in those cases.
. A trial judge is required to explain the cuts based upon the reasonableness factors. Initially, all that Duffy received was the letter from Judge Kern indicating that the bills were too high. After requesting further explanation, Duffy received copies of the four vouchers all with the total claimed amount reduced. Two vouchers showed total or partial reductions of specific hourly charges. There were no communications in the record from either Judge Tice or Judge Davis prior to the panel's review concerning the reductions.
. The judge who presides over the case and determines that an attorney's fees are unreasonable has an obligation to apply the correct legal standard when making that decision. The judge is also required to explain the reasons for reducing the fees based upon that standard. The legal standard is based upon the factors that this Court has addressed in prior cases. This does not mean, of course, that judges must explain a reduction of fees by counter-itemizing each line in an attorney's bill. Judges may examine the bill as a whole and provide an explanation using the required factors. This was not done. Duffy asked for more explanation in order to present her justification to the review panel. Receiving only the Kern letter and reduced vouchers, Duffy attempted to present her justification to the panel. The only further explanation received by Duffy was the letter she received from the reviewing panel after the hearing. Without the explanation prior to the hearing, Duffy was placed in a position of guessing at the rationale of the reductions. This is not the procedure contemplated by Tappe nor established by the Rules.
. Nonetheless, Duffy provided the panel with evidence and explanation. Duffy explained, in detail, the necessity and justification for the time spent and her reasons for defending the cases in the manner she did. She submitted documents from the cases relevant to the bills, and she provided affidavits from practicing atto
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