Wisconsin Equal Access to Justice Act – Fees

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Judith Ann Detert-Moriarty

Case No.: 2014AP2433

Officials: Higginbotham, Sherman and Blanchard, JJ.

Focus: Wisconsin Equal Access to Justice Act – Fees

Judith Ann Detert-Moriarty appeals an order by the circuit court denying her motion for fees and costs under WIS. STAT. § 814.245 (2013-14), which is the Wisconsin Equal Access to Justice Act (WEAJA). The issue on appeal is whether Detert-Moriarty is entitled to attorney fees and costs under WEAJA where she was the prevailing party in a forfeiture action brought by the Wisconsin Department of Justice (DOJ) to enforce an administrative rule promulgated by a state agency, the Department of Administration (DOA). We conclude that WIS. STAT. § 814.245 does not apply to this forfeiture action because WEAJA limits the award of attorney fees and costs to a prevailing party in an action brought by “a state agency.” This action was not brought by a state agency, but rather by the State of Wisconsin, as required by WIS. STAT. § 778.02. Accordingly, we affirm the circuit court’s denial of Detert-Moriarty’s motion for costs under § 814.245, but based on a different rationale than that used by the circuit court.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.