Lawyers seek court fees from AG's office

By Mike Carter
Seattle Times staff reporter

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Capps, a former assistant attorney general, sued Attorney General Christine Gregoire and others after being forced to resign after the AG's office failed to appeal a record $17.8 million verdict in 2000. Capps contends she was offered up as a scapegoat for the blunder. A federal judge sanctioned Gregoire, several of her top deputies and the law firm of Stafford Frey Cooper last month, then told Capps' attorney, Suzanne Thomas, to submit a bill for her fees and costs.

U.S. District Judge Thomas Zilly chided them for failing to locate and turn over the documents to Thomas on time. The trial is set for July 7.

Gregoire's lawyer, Anne Bremner, yesterday called Thomas' proposed accounting "preposterous, excessive and unsupported by the court's order."

Thomas contends she should be compensated for hundreds of hours spent trying to obtain documents that should have been given to her months ago. Discovery in the case was supposed to have ended in April.

Since then, the state has located and turned over thousands of pages of documents.

The state's "13th hour conduct ... is nothing short of egregious," Thomas argued.

Bremner said Thomas should only be compensated for the time she spent reviewing the new documents, which would be a small fraction of the $185,000 demand.

The AG's office will have an opportunity to respond in court to Thomas' proposed fees this week. The judge will decide the final amount to be paid.

Thomas said that some of the documents received in recent weeks are central to Capps' case.

Capps claims her reputation as a lawyer has been ruined and that the AG's office defamed her and violated her civil rights.
 
The verdict and missed deadline have been an enduring source of embarrassment for Gregoire, who is the leading Democratic contender for governor.

Mike Carter: 206-464-3706 or mcarter@seattletimes.com