| This bill applies to actions filed in court to enforce access |
| to public proceedings and records under the Maine freedom of |
| access laws. It gives the court discretion to award attorney's |
| fees and litigation expenses to either party when certain |
| circumstances exist. First, the party must wholly prevail, |
| meaning a negotiated settlement of providing partial access or |
| copies of some of the records requested will not make either the |
| plaintiff or the defendant eligible for the award of attorney's |
| fees and litigation expenses. Second, the failure to comply with |
| the law and the denial of access must have been committed in bad |
| faith. Being unsure whether a requested record is a public |
| record is not sufficient to rise to the level of bad faith nor |
| would a legitimate, but mistaken, belief that the record |
| requested is confidential. Similarly, for a defendant to be |
| awarded attorney's fees and litigation expenses, the request for |
| access to proceedings or records, or bringing an action in court |
| in order to compel access, must have been frivolous, vexatious or |
| without merit. A legitimate belief in the right to attend a |
| meeting or inspect or copy a record would not give rise to an |
| award. Using the freedom of access laws and the enforcement |
| procedures to harass and inconvenience an agency or public |
| official could give rise to such an award. Attorney's fees and |
| litigation expenses must be reasonable. |
