IN THE COURT OF APPEALS OF THE STATE OF OREGON

JURY SERVICE RESOURCE CENTER;
DAVID SHANNON; and ROBERT PAUL LANGLEY, JR.,

Plaintiffs-Appellants,

v.

DAVID J. DE MUNIZ; KINGSLEY CLICK,
Office of the State Court Administrator,
Oregon Judicial Department;
PAUL LIPSCOMB; JAMES MURCHISON,
Office of the Marion County Circuit Court Trial Court Administrator;
DALE KOCH; DOUGLAS BRAY,
Office of the Multnomah County Circuit Court Trial Court Administrator;
ROBERT HUCKLEBERRY; NANCY LAMVICK,
Office of the Lincoln County Circuit Court Trial Court Administrator;
BILL BRADBURY; ROY TURNBAUGH;
and STATE OF OREGON,

Defendants-Respondents.
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Marion County Circuit Court No. 03C-11907

CA A122978

SC S52829











ORDER AWARDING ATTORNEY FEES

Plaintiffs request attorney fees of $39,000 and rely on Deras v. Myers, 272 Or 47, 535 P2d 541 (1975), as authority for the request. Plaintiffs state their attorneys spent 165.50 hours on the appeal and that $240 is a reasonable hourly fee for their attorney. Defendants object to an award of attorney fees at this time. In addition, defendants argue that if attorney fees are awarded, that neither the time spent nor the hourly rate are reasonable. Defendants' objections are sustained in part and overruled in part.

Plaintiffs are entitled to an award of attorney fees for prevailing before this court. Based on this record, we conclude that 35 hours would be a reasonable amount of time for this appeal and that an hourly rate of $175 for plaintiffs' attorney would be a reasonable rate. Plaintiffs are awarded $6,125 in attorney fees.

Defendants' objection to the court's award of costs to plaintiffs is denied. Plaintiffs are awarded $1,215.09 in costs.

October 30, 2006        Walter I. Edmonds,
Presiding Judge


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