IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS3RD DIVISIONM. KENDALL WRIGHT, et al PLAINTIFFVS.NO. 60 CV-13-2662THE STATE OF ARKANSAS, et alDEFENDANTS RESPONSE TO PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES
Come now the Separate White, Lonoke, Washington, Conway and Saline County Clerk Defendants, White County Clerk Cheryl Evans, Lonoke County Clerk William “Larry” Clarke,Washington County Becky Lewallen, and Conway County Clerk Debbie Harman, in their officialcapacities (referred to collectively herein as the “Separate White, Lonoke, Washington, Conway, andSaline County Clerk Defendants”), and for their response to the motion for attorneys’ fees filed bythe Plaintiffs’ counsel:
The Plaintiffs’ attorneys have moved for reimbursement of their attorneys’ fees and costs, presumably by the Defendants. The Plaintiffs cite no legal basis for such an award by the Court and provide no factual support for their request. Since no legal or factual bases exist to support thePlaintiff’s attorneys’ motion for fees and costs, the Separate White, Lonoke, Washington, Conway,and Saline County Defendants respectfully request the denial of Plaintiffs’ Attorneys’ Motion for Attorneys Fees.
II. ARGUMENTA.No Legal Basis for Fees/Costs Award
1.No Fee-Shifting StatutePlaintiffs’ motion for attorneys’ fees asserts only (1) that the Plaintiffs “won” and (2) thatthey should, therefore, receive reimbursement of their attorneys’ fees (presumably by the Defendants,although that is not expressly stated). That is not the law, however, as the clearly established lawof attorneys’ fees holds that attorney's fees are not allowed in Arkansas unless expressly authorized
ELECTRONICALLY FILED2014-Jun-03 15:59:3460CV-13-2662C06D02 : 3 Pages