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Duffy v. Circuit Court For the Seventh Judicial Circuit2/11/2004
on based upon the factors before conducting the review hearing. With those explanations, Duffy would have been able to address the factors and reductions in an attempt to justify her charges.
Remand to Apply Correct Legal Standard
. With a writ of certiorari, we do not review whether the judge or panel's decision is right or wrong. We are limited to determining whether the judge or panel regularly pursued its authority. We conclude that Duffy has met the burden of proof. The judges presiding over the cases, in the first instance, failed to apply the correct legal standard in determining whether Duffy's fees were reasonable; consequently, the panel's review also contravened its authority. By not applying the correct legal standard, the lower court has failed to "regularly pursue its authority." We, therefore, remand for the Seventh Judicial Circuit to apply the correct standard and procedure. On remand, the trial judge who presided over each case should apply the correct legal standard by considering the factors and by giving an explanation based on those factors. If dissatisfied, Duffy has a rightto request a review by all the judges of the Seventh Judicial Circuit.
Appellate Attorney fees
. Duffy has requested attorney fees in conjunction with her Petition for Writ of Certiorari. Attorney fees can only be awarded if authorized by statute. SDCL 15-26A-87.3. At oral argument, Duffy claimed that this Court could award attorney fees if the trial court's action was vexatious. She has not cited authority nor offered evidence of vexatious conduct to support her request. Her request is denied.
. GILBERTSON, Chief Justice, and SABERS, KONENKAMP, and ZINTER, Justices, concur.
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